What is "shall issue" conceal carry?
Ryan in the House
January 3, 2005, 05:47 PM
I hear this all the time, but I don't know what it is. The name does not exactly speak for itself - I just know it is classified as a "right-to-bear-arms-recognized" policy.
So, what is "shall issue?"
If you enjoyed reading about "What is "shall issue" conceal carry?" here in TheHighRoad.org archive, you'll LOVE our community. Come join
TheHighRoad.org today for the full version!
jnojr
January 3, 2005, 05:53 PM
"Shall-issue" means that, as long as you meet certain specific criteria (no criminal record, no drug use, no mental illness, etc.) you "shall" be issued a license. As in, the state or Sheriff can't decide that you don't get one.
Some states do not issue CCWs at all. Some, like California, are "may issue"... in addition to the set criteria and training requirements, the penal code gives a "good cause" criteria that is entirely up to the discretion of the issuing agency. In some counties, you will not get a CCW period. In some, it's basically shall-issue. In others, it's harder, but still possible.
Kevlarman
January 3, 2005, 05:53 PM
It means that if you qualify for a CCW, they state must give you one. No stupid "what's your good cause" questions asked.
Ryan in the House
January 3, 2005, 05:56 PM
I guess, living in Maryland, I am subjected to a "may issue" policy.
:confused: :mad:
Hawkmoon
January 3, 2005, 05:56 PM
"Shall issue" means that the issuing authority of the state doesn't have discretion to deny a concealed carry license in the absence of a reason codified in either state law or state regulation. In other words, if you satify the requirements, they have to give you the license when you apply.
There are a few states that are discretionary, which means that residents of one county can get a license while residents of an adjoining county might have a sheriff who doesn't like people to have guns, so he either doesn't issue licenses at all, or he only gives them to his pals.
Girlwithagun
January 3, 2005, 07:20 PM
I guess, living in Maryland, I am subjected to a "may issue" policy.
Hopefully, that will change soon. Check out www.marylandshallissue.org and keep up with threads posted here in the Legal and Political section. We would love to have you join us in the fight. :)
Ryan in the House
January 3, 2005, 07:47 PM
Hey, I like that site. Maryland's gun laws do seem atrocious... that you need to be threatened or assaulted to be allowed to get a conceal license. So the state wants to wait until you've been stabbed to paralysis until you're allowed to protect yourself from being stabbed to paralysis? Quite an effective system - if you want paralysis. :D
Standing Wolf
January 3, 2005, 07:53 PM
I guess, living in Maryland, I am subjected to a "may issue" policy.
Realistically speaking, you live in a may issue for the politically well connected state.
beerslurpy
January 3, 2005, 07:55 PM
Yeah, it was mostly found that "may-issue" was being used to either:
1) deny permits to groups of people (like minorities or poor people) that the local LEO didnt like for blatantly unfair or racist reasons
2) deny permits to everyone except people who were friends of the local LEO or politically connected, under the grounds that only police should be defending people or stopping crimes
Which is why we have "shall-issue" in most places.
Btw, in most states it really depends what county you live in. In CA being in SF or LA or SD was pretty much a guarantee of not being issued a permit. Living in Fresno was likewise a guarantee that you would get one. The best thing is to ask your local LEO if he signs off on them, and if so, get one.
If you enjoyed reading about "What is "shall issue" conceal carry?" here in TheHighRoad.org archive, you'll LOVE our community. Come join
TheHighRoad.org today for the full version!
vBulletin® v3.8.6, Copyright ©2000-2013, Jelsoft Enterprises Ltd.