Concealed carry permits are a critical aspect of gun ownership in the United States. States take a variety of approaches when it comes to concealed carry licensing or permitting. Two popular approaches are to be either a “may-issue” state or a “shall-issue” state. Understanding the different types of permit systems — may-issue and shall-issue — is essential for anyone considering concealed carry. This article provides a comprehensive comparison of these systems, including their definitions and the states that adopt each approach.

What Are May-Issue Permits?

In a may-issue state, you are not guaranteed a concealed carry permit. May-issue permits are allow the issuing authority, often a local sheriff or police department, discretion over whether to grant a concealed carry license, even if the applicant meets all legal requirements.

This means the authority can deny a permit based on subjective criteria, such as determining if the applicant has a “good cause” or “proper reason” to carry a firearm.  Even if you fulfill all the requirements to obtain a CCW permit or license — you pass the background check, you do the concealed carry training, send in the fees and any other requirements — the state may not issue you the right to carry concealed. The state has discretion when it comes to the issuing.

What Are Shall-Issue Permits?

Shall-issue permits, on the other hand, require the issuing authority to grant the concealed carry license as long as the applicant meets all predefined legal criteria. These criteria typically include age requirements, background checks and completion of a firearms training course. Unlike may-issue permits, there is no room for discretion. If the applicant qualifies, a concealed carry permit must be issued.

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May-Issue vs. Shall-Issue

The evolution of concealed carry gun laws in the United States reflects broader changes in societal attitudes toward gun ownership and self-defense. Initially, many states had highly restrictive laws. Over time, the trend has shifted toward more standardized and accessible permitting systems. Additionally, some states have adopted constitutional carry laws, which allow individuals to carry a firearm without a permit.

Criteria for Issuance

  • May-Issue: Applicants often must demonstrate a specific need to carry a concealed weapon, such as threats to personal safety. The issuing authority has the discretion to approve or deny the permit.
  • Shall-Issue: Applicants are required to meet specific criteria set by law, including age, background checks and training. If these criteria are met, the permit must be issued.

Authority Discretion

  • May-Issue: Significant discretion is granted to the issuing authority, which can lead to variability in permit issuance based on subjective judgments.
  • Shall-Issue: No discretion is allowed if the applicant meets the legal requirements, ensuring a more consistent and predictable process.

Ease of Obtaining Permits

  • May-Issue: The process can be cumbersome and uncertain due to the discretionary power of the issuing authority.
  • Shall-Issue: The process is more straightforward and predictable, as the criteria are clearly defined and consistently applied.

Appeal Process

  • May-Issue: Applicants denied a permit likely have limited options for appeal, often requiring legal action to challenge the decision.
  • Shall-Issue: Appeals are generally more straightforward, focusing on whether the applicant met the defined criteria.

 

A mostly green map of the United States, highlighting the two may-issue states in orange.

May-Issue States and Shall-Issue States

There are currently 41 shall-issue states, including permitless-carry states that issue permits for purposes of reciprocity (allowing residents of their state to carry in other states with favorable reciprocity). Following the Supreme Court’s decision in NYSPRA v. Bruen, only Connecticut and Delaware are may-issue states.

Connecticut’s local law enforcement has discretion based on a “suitability clause.” The suitability clause applies both to the issuance of new permits and the revocation of existing permits. There is a two-step process to obtain a permit. First, an applicant must apply for a temporary permit from the local authorities and then they must submit another application at the state level through the Department of Emergency Services and Public Protection (DESPP).

Delaware concealed carry permits are issued at the county level by the prothonotary office. The Attorney General has the discretion to issue temporary concealed weapons licenses to any non-resident whom the Attorney General determines has a short-term need to carry such a weapon in conjunction with that individual’s employment for the protection of person or property.

Concealed Carry Permits in May-Issue vs. Shall-Issue States

Understanding the differences between may-issue and shall-issue concealed carry permits can help you navigate the complexities of gun ownership. Whether you’re considering applying for a permit or just curious about the laws in your state, staying informed is key. As legislative trends and public opinion continue to evolve, staying informed about local laws and regulations remains essential.

 

The information contained on this website is provided as a service to USCCA, Inc. Members and the concealed carry community, and does not constitute legal advice. Although we attempt to address all areas of concealed carry laws in all states, we make no claims, representations, warranties, promises or guarantees as to the accuracy, completeness or adequacy of the information disclosed. Legal advice must always be tailored to the individual facts and circumstances of each individual case. Laws are constantly changing, and as such, nothing contained on this website should be used as a substitute for the advice of a lawyer for a specific case.