This is a discussion on Concealed Carry: May VS Shall Issue? within the Concealed Carry Discussion forums, part of the Main Category category; I am sure that this is already covered in here somewhere, but the search wouldnt find it for me.... Question: ...
I am sure that this is already covered in here somewhere, but the search wouldnt find it for me....
Question: What is the specific difference between the "May" and "SHALL" verbiage in CC permits?
Thanks in advance.
Chuck
Last edited by lukem; 05-30-2012 at 01:05 PM.
The Only Easy Day Was Yesterday
this might help
''A foreign tourist was swimming in an English lake. Taken by cramps, he began to sink. He called out for help:
“Attention! Attention! I must drown and no one shall save me!”
Many people were within earshot, but, being well-brought up Englishmen and women, they honored his wishes and permitted him to drown.''
had he said shall they may have saved him
see the difference now?
gun control is being able to hit your target
Gun Control: The theory that a woman found dead in an alley, raped and strangled with her own pantyhose, is somehow morally superior to a woman explaining to Police how her attacker got that fatal bullet wound.
Blues... Yes, thank you. I inadvertantly said MUST versus MAY. I figured the above contributors would put that into context of these forums, and I appreciated the hyperlink (sigh).
Having said that, can someone give a good description of what that really means and the impact on CC authorization?
In a "shall issue"jurisdiction, the issuing authority is required to issue a permit, unless the applicant is for some reason disqualified. (felony convictions, known drug user, etc,) If the issuing authority denies a permit, they must show casue for the denial.
In a "may issue" jusridiction, issuing a permit is at the discretion of the issuing authority. Generally, the applicant will need to justify his request for a permit (dangerous occupation, carries large sums of money, etc.)
All it means is that the issuing authority (usually the County Sheriff, but in some cases some other government authority) is either compelled by statute to issue a permit sans any disqualifying circumstances in the applicant's record in the case of "Shall Issue" jurisdictions, or that it's that authority's choice whether or not to issue in the case of a "May Issue" jurisdiction.
I say, "All it means," but that might be a little too dismissive of the importance of the issue. Generally-speaking, Shall Issue states are more supportive of 2nd Amendment rights, while May Issue states are often seen as too paternalistic, requiring another level of permission to exercise your rights with the potential, and in some states, the probability, even certainty, that your rights will be denied altogether. My state is an exception to both rules. It is a May Issue state, but there are very few sheriffs that don't treat it as a Shall Issue mandate. I've only heard of exceptions to that rule, but I've been permitted for the whole 20+ years I've lived here and never had any trouble getting it in the first place, or getting it renewed every year. I would prefer if our legislature made it official that we're a Shall Issue state, but I'm not real worried about it. For all intents and purposes, we are.
I haven't looked in awhile, but I'm pretty sure there's a map on this site marking which states fall under which category. If you're wondering about your own state, you can probably find the answer pretty fast in your state's sub-forum.
Hope that helps.
Blues
Gun Control: The theory that a woman found dead in an alley, raped and strangled with her own pantyhose, is somehow morally superior to a woman explaining to Police how her attacker got that fatal bullet wound.
What it really boils down to is double-speak.
The "may issue" states essentially *do not* issue.
The "shall issue" states must issue, unless you have a criminal record, etc.
You being in Virginia should have no problem, just fill out the paperwork, pay the fee, and eventually you will get your CCW permit.
Then to bring it with you to other "must issue" states you will further need a nonresident permit valid and recognized in their states.
Don't take it with you to DC or Maryland however, whereas that is where you would normally really need it, that is where you are still not permitted to carry it.
Arizona is actually the only free republic and there you don't need any papers. Everywhere else you need papers.
Vehr ahr zeh papers?
Last edited by lukem; 05-30-2012 at 01:37 PM.
From our Concealed Carry Permit Reciprocity Maps:
Shall Issue: States that are Shall Issue will issue any private citizen a concealed weapons permit as long as they meet all requirements.
May Issue: States that are May Issue have the authority to take judgment on whether or not they want to issue a concealed weapons permit to a private citizen even after they have met all requirements.