{"id":9497,"date":"2023-03-02T15:43:29","date_gmt":"2023-03-02T15:43:29","guid":{"rendered":"https:\/\/www.ammunitiontogo.com\/lodge\/?p=9497"},"modified":"2023-03-20T15:04:09","modified_gmt":"2023-03-20T15:04:09","slug":"shall-issue-vs-may-issue","status":"publish","type":"post","link":"https:\/\/www.ammunitiontogo.com\/lodge\/shall-issue-vs-may-issue\/","title":{"rendered":"Shall Issue vs May Issue – Why It Matters"},"content":{"rendered":"

\u201cThe powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.\u201d – Amendment X of the United States Constitution (The Tenth Amendment)<\/p>\n

The Tenth Amendment of the United States, in essence, says that if a certain power or decision-making process is not a specific responsibility of the national government, it is the duty and responsibility of each state.<\/p>\n

Basically, it says that the U.S. government does X, Y, and Z\u2026and everything else is the states\u2019 problem.<\/p>\n

Sounds simple enough, but for gun owners, the Tenth Amendment creates massive complexities from state to state. It\u2019s the reason (more or less) that gun owners in one state have the right to own a handgun without registering the weapon, while just across the state line that same weapon would need to be registered. It\u2019s how an AR-15 can be illegal in California but perfectly legal in Tennessee.<\/p>\n

The fingerprints of the Tenth Amendment are also seen on laws that give the right to carry a concealed weapon. For concealed-carry permits, some states are \u201cshall-issue,\u201d while others are \u201cmay issue.\u201d This has a profound impact on gun owners who want to carry a weapon for personal defense.<\/p>\n

What is Shall Issue?<\/h2>\n

Although some states have no concealed-carry restrictions (meaning you can carry a concealed pistol regardless) most require citizens to have a state-issued permit. If you want to carry a concealed pistol when in public, you need to go through the proper channels, meet specific requirements, attend classes, and, in most cases, have at least some live-fire training. The permit application is reviewed by law enforcement offices, usually a county sheriff\u2019s office.<\/p>\n

Shall Issue:<\/h4>\n

In a \u201cshall issue\u201d state, the sheriff or law-enforcement officer is required to issue a concealed-carry permit to anyone that meets the listed requirements. If the applicant meets all the requirements and does not have a background that would disqualify them, the sheriff is legally required to issue the permit. In other words, the sheriff, attorney general, administrator, or bureaucrat does not have the right to stop someone from getting a license.<\/p>\n

Shall-issue states, however, are not all the same. Each state has different requirements and restrictions for conceal-carry applications. For example, some may disqualify applicants with convictions for non-violent crimes, while others allow non-violent offenders to obtain a concealed-carry permit. Shall-issue laws say that you can get a permit if you meet the state\u2019s requirements. But each state has different requirements, so there are still differences on a state-to-state level, even if both are shall-issue locations.<\/p>\n

May Issue:<\/h4>\n

In a \u201cmay issue\u201d state, the sheriff or administrator has the right to deny a permit even if the applicant meets baseline requirements. Although the details can be different, in these states the citizen often has to prove they need a concealed firearm to protect themselves against a specific threat.<\/p>\n

Do You Live in a Shall Issue State?<\/h3>\n\"Map\n

Thanks to that tricky Tenth Amendment, a citizen\u2019s chances of getting a conceal-carry permit depend largely on the state in which they live. Some states are shall-issue, while others are may-issue. But, as we will discuss, may-issue states are on the decline.<\/p>\n

According to the United States Concealed Carry Association<\/a>, 48 states, as well as the District of Columbia, are \u201cshall issue\u201d states. Only Delaware and Connecticut are may-issue states, which means the vast majority of American citizens now live under shall-issue laws.<\/p>\n

That said, the list of current shall-issue states and jurisdictions:<\/p>\n