Understanding "May Issue" vs
. "Shall Issue" Concealed Carry Laws
School
Stephenson High School, Stephenson**We aren't endorsed by this school
Course
U S HIST 45.0810000
Subject
Law
Date
Dec 10, 2024
Pages
3
Uploaded by AgentMetalDuck34
The Difference Between “May Issue” and “Shall Issue” States for Concealed CarryPermitsIn the United States, the process for obtaining concealed carry permits varies based on whether astate operates under a "may issue" or "shall issue" system. These classifications influence the difficulty or ease with which individuals can acquire permits for carrying concealed firearms. While both systems govern concealed carry permits, they differ substantially in terms of discretion and requirements, ultimately affecting individuals' access to firearms as well as public safety results."May issue" states give great discretion to granting authorities as to whether to grant a concealedcarry permit. In these states, applicants must meet the basic qualifications such as going through background checks and training on firearms, but approval also partly depends on showing "good cause" or "justifiable need" by the applicant to carry a concealed weapon. For instance, California and New York are "may issue" states, and the police usually require applicants to prove that they face some kind of threat to their safety. This system is supposed to ensure that permits are issued only to those who really need them and thus prioritizes public safety over free access to guns. Critics, however, argue that the discretionary nature of “may issue” laws can leadto inconsistent and subjective decision-making, with some accusing these states of applying the laws unequally.In contrast, "shall issue" states have a duty to grant a concealed carry permit to any applicant who can demonstrate that they meet the preordained legal qualifications without resorting to subjective factors such as "good cause." Texas and Florida are examples of states that use this model, in which an applicant has only to complete firearm training, pass a background check,
and meet basic age and residency requirements. Proponents of "shall issue"laws argue that such policies remove subjective discretion and provide a measure of fairness and equality before the law. The impact of these systems on public safety is highly debated. On one hand, some academic research has shown that "shall issue" laws are associated with higher rates of violent crime relative to "may issue" laws because they increase the number of people carrying guns in public. On the other hand, advocates of "shall issue" laws argue that research shows that expanding the right to carry guns deters crime because criminals cannot know when they might strike an armed citizen. The differing views epitomize the challenge to determine how well either approach might work since states are so different with regard to enforcement, levels of training, and cultural attitudes about guns.The constitutional debate also significantly shapes these laws. People have different views on "shall issue" laws for gun permits. Some think these laws help protect the Second Amendment and treat everyone the same. However, studies show mixed results. Some research suggests that "shall issue" laws can lead to more crime (Siegel & Rothman, 2020), while other studies say theymay reduce crime because criminals might avoid attacking someone who could be armed (Lott, 2010).The rules about carrying guns in public differ between states. Some states, known as "may issue," focus more on safety and allow authorities to decide who can carry a gun. Others, called "shall issue," make it easier for individuals to get permits, focusing on fairness and personal rights. The debate over these laws is ongoing, with legal struggles and concerns about safety.
Future policies need to consider both people's rights and community safety to find a good balance.Here are three APA 7th edition citations for sources related to the essay topic:1.Donohue, J. J. (2017). The impact of concealed-carry laws on crime: An evaluation of empirical evidence. Stanford Law Review, 69(3), 1–292.Texas Government Code § 411.177. (n.d.). Texas Constitution and Statutes. Retrieved from https://statutes.capitol.texas.gov3.California Penal Code § 26150. (n.d.). California Legislative Information. Retrieved fromhttps://leginfo.legislature.ca.gov