Ask an Attorney: May Issue?

There are so many different carry laws across the country. Some states allow open carry, some don’t. Some states enforce the no gun signs, some don’t.

Some states will issue you a concealed carry permit, some states may issue a permit. What does that mean? Check out Tom Grieve’s explanation of the different types of concealed carry permits:

How does your state issue concealed carry permits?

Check out our Concealed Carry Map if you have questions about your state laws.

1 Like

Here in Florida it is shall issue. In Oregon, where we came from and will be returning to it is may issue. The County Sheriff decides. 10+ years ago I had no Problems, but since we left it has gone gun law crazy. I do not know if it will go as smoothly when I go back

In reality, “may issue” should be renamed “will probably not issue!”

3 Likes

I hope not. It is not something I care to lose.

Unless I missed something the federal courts have dropped a hammer on “May Issue” making it plain that all states must come up with “Shall Issue” systems making it such that the average law abiding citizen who is eligible under federal law to keep and bear will be issued a permit if applied for.

I have not looked at all states but there are still plenty of may issue states, HI, NY, NJ, CA, MD, MA …

By statute yes but haven’t there been recent court rulings forcing all states to develop a “shall issue” platform?

I know DC was forced to and I was thinking that HI recently lost a pretty big decision as well that was reaffirmed by a 3 judge panel of the 9th in the last year or so?

I would bet that it was me who missed something. Thank You Charles, you just brightened my day!

The most recent i am aware of is out of Hawaii that said there needs to be some method of carrying for self defense and, if there was not method to allow people who could legally carry to carry concealed then they had to allow open carry. But, I believe an en banc 9th Circuit stayed that holding and it is either going to be reviewed en banc or there will be a motion for discretionary review to SCOTUS.