Concealed Carry: May VS Shall Issue?

[Chuck M]

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

 

[Seeya]

Shall | Define Shall at Dictionary.com
Must | Define Must at Dictionary.com

 

[eagleeyes]

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?

 

[NavyLCDR]

Question: What is the specific difference between the "MUST" and "SHALL" verbiage in CC permits?

Thanks in advance.

Chuck

There is no difference in the legal definitions. They both mean "required to".

 

[BluesStringer]

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 "MUST" and "SHALL" verbiage in CC permits?

Thanks in advance.

Chuck

Are you maybe asking about "May" vs. "Shall," as in "may issue" vs. "shall issue?"

 

[Chuck M]

Are you maybe asking about "May" vs. "Shall," as in "may issue" vs. "shall issue?"

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?

 

[billwot]

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.)

 

[BluesStringer]

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?

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

 

[Shoobee]

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?

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?

 

[lukem]

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.

 

[Chuck M]

To all the above, thank you, I get it now and I appreciate the layman's translation... This is both excellent information and very good to know. It helps me understand where states sit on 2A rights.

r/

Chuck

 

[Shoobee]

To all the above, thank you, I get it now and I appreciate the layman's translation... This is both excellent information and very good to know. It helps me understand where states sit on 2A rights.

r/

Chuck

Virtually all the states ignor the 2nd Amendment by somehow regulating or taxing the keeping & bearing "privilege" by first defining it as a "privilige" like a drivers license, and then taxing it. The only exception being Arizona.

And the states which do not issue even though their laws say "may issue" are blatantly communist.

 

[cawpin]

Then to bring it with you to other "must issue" states you will further need a nonresident permit valid and recognized in their states.

If your state's permit is recognized by another state you don't need a non-resident permit for those states. I'm not really sure what you were trying to say here.

Arizona is actually the only free republic and there you don't need any papers. Everywhere else you need papers.

Wrong, I don't know where you would have even gotten that impression. Arizona was the third state to have permitless concealed carry after Vermont (always that way) and Alaska. Wyoming has also since passed permitless carry, though only for residents. Montana also has a form of permitless carry that only covers unincorporated parts of the state. To carry inside the city limits of any incorporated district you must have a permit.

 

[eagleeyes]

may means might
shall means you will

 

[BluesStringer]

What it really boils down to is double-speak.

The "may issue" states essentially *do not* issue.

Absolutely not true here in Alabama, a may-issue state. I'm sure there are others as well that regularly issue, but their respective legislatures, like Alabama's, have not kept pace with their regular practices.

Blues

 

[wolf_fire]

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

Straight from this site:

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.

My interpretation from experience:
Shall issue: You'll get your permit if you aren't a bonehead whack job.
May issue: Good luck getting your permit at all.

Hope this helps.

 

[fataugie]

I thought Vermont didn't need papers for open carry.

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?

 

[hogdoc357]

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.)

Excellent reply.