Omar Bennett
The Second Amendment to the US Constitution guarantees the right to keep and bear arms. However, the laws surrounding the public carrying of handguns vary widely by state. The three main types of handgun-carrying laws in the US are may-issue, shall-issue, and constitutional carry. In May-issue states, applicants must demonstrate good cause or need to obtain a permit to carry a concealed weapon, and the issuing authority has the discretion to deny applicants even if they meet the legal requirements. In Shall-issue states, the state must license any applicant who meets the legal requirements and passes the required background check. In Constitutional Carry states, individuals can carry a handgun in public, either openly or concealed, without a license or permit, as long as they can legally possess a handgun.
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What You'll Learn
May-issue states
In May-issue states, the decision to approve or deny a permit is often influenced by the applicant's social status or their demonstrated "need". This allows for significant discretion on the part of the issuing authority, which can lead to variability in permit issuance based on subjective judgments. As a result, the likelihood of obtaining a permit in May-issue states can vary from one to the next.
As of 2024, 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", which applies to both the issuance of new permits and the revocation of existing permits. There is a two-step process to obtain a permit in Connecticut: first, an applicant must apply for a temporary permit from the local authorities, and then they must submit another application at the state level.
Before the Bruen decision, many states were classified as May-issue. This meant that citizens could apply for a carry license, but the state was not obligated to approve the application, even if the applicant had a clean record and was not prohibited from owning a firearm. May-issue states were a deliberate method of restricting the right to carry as much as possible. However, since the abolishment of May-issue permitting, the Supreme Court has stated that it is still legal for jurisdictions to require a permit to carry a concealed handgun, as long as it does not violate the Second Amendment, which guarantees the right to "keep and bear arms".
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Shall-issue states
Most states are shall-issue states, and they require some form of training, which varies by state. For example, in California, an applicant must demonstrate proof of good moral character and good cause to carry a handgun in addition to meeting other legal requirements. In Florida, carrying pepper spray in more than a specified volume (2 oz.) of chemical requires a CCW permit, whereas a smaller amount can be carried without a permit. In Kansas, non-residents between the ages of 18 and 20 can carry concealed weapons but are required to hold a valid concealed carry permit.
The Supreme Court's 2022 Bruen Decision required all 50 states to adopt Shall Issue carry regimes. Before that, many states were classified as May Issue, where citizens could apply for a carry license, but the state was not obligated to approve the application, even if the applicant had a clean record and was not prohibited from owning a firearm. May Issue was a deliberate method of restricting the right to carry as much as possible.
Since the Bruen ruling, many May Issue states have tried to implement extra requirements, such as personal interviews with local judges, extensive training, and additional fees. However, these roadblocks are facing court challenges, and some have been shot down on Constitutional grounds.
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Constitutional carry states
In the United States, the term "constitutional carry", also called "permitless carry", "unrestricted carry", or "Vermont carry", refers to the legal public carrying of a handgun, either openly or concealed, without a license or permit. The phrase "constitutional carry" reflects the idea that the Second Amendment to the U.S. Constitution does not allow restrictions on gun rights, including the right to carry or bear arms.
As of 2024, 29 states have constitutional carry laws, with a 29th state, Louisiana, implementing the regime on July 4, 2024. These states include Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Mississippi, Missouri, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, West Virginia, and Wyoming.
Prior to the Supreme Court's 2022 Bruen Decision, many states were classified as "May Issue", meaning that citizens could apply for a carry license, but the state was not obligated to approve the application, even if the applicant had a clean record and was not prohibited from owning a firearm. May Issue was a deliberate method of restricting the right to carry as much as possible. Now, all states are required to be "Shall Issue", meaning that the state must license any applicant who is not otherwise prohibited from owning a firearm.
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Concealed carry permits
In the United States, the process of obtaining a concealed carry permit depends on the state in which one resides. Each state has its own set of laws and regulations regarding the issuance of concealed carry permits, which can be broadly categorised into three types: "shall-issue", "may-issue", and "constitutional carry" or "permitless carry" states.
"Shall-issue" states are those that require the state to grant a permit to any applicant who meets the legal requirements and completes any necessary training courses under state law. In other words, if an applicant satisfies all the criteria established by the state, the permitting authority is legally obligated to issue them a concealed carry permit. Most states fall into this category, and specific requirements may vary from state to state.
On the other hand, "may-issue" states give local authorities the discretion to decide whether to issue a permit, even if the applicant meets all the legal requirements. In these states, the likelihood of obtaining a permit can depend on factors such as social status or the applicant's ability to demonstrate a "need" for carrying a concealed weapon. Before the Bruen Decision by the Supreme Court in 2022, many states were classified as "may-issue". However, this ruling effectively abolished the "may-issue" permitting regime, requiring all states to adopt "shall-issue" carry laws.
"Constitutional carry" or "permitless carry" states allow individuals to carry a handgun, either openly or concealed, without a license or permit, as long as they can legally possess one. This is based on the interpretation that the Second Amendment guarantees the right to carry or bear arms without restrictions. However, even in these states, age, location, and residency restrictions may still apply, and certain areas, such as schools, may prohibit the carrying of weapons. As of 2024, 28 states have implemented constitutional carry laws, with a 29th state set to follow suit.
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Second Amendment rights
The Second Amendment to the United States Constitution guarantees the right to "keep and bear arms". However, the interpretation of this right has been a subject of debate and has evolved over time.
In the context of "shall issue" and "constitutional carry", the Second Amendment plays a crucial role in defining the conditions under which individuals can carry firearms. "Shall issue" refers to a licensing standard where the state must grant a permit to carry a concealed firearm if certain legal requirements are met. These requirements may include completing a training course, passing a background check, and paying any necessary fees. Most states fall under the "shall issue" category, making it relatively easier for applicants to obtain a concealed carry permit.
On the other hand, "constitutional carry", also known as permitless carry, refers to a policy where individuals who can legally possess a firearm are allowed to carry it openly or concealed without the need for a license or permit. In other words, if you meet the legal requirements to own a firearm, you are automatically granted the right to carry it without any additional licensing process. As of 2024, 28 states have implemented constitutional carry, with a 29th state set to follow suit.
The debate surrounding "shall issue" versus "constitutional carry" revolves around the interpretation of the Second Amendment and the role of government in regulating firearm possession and carriage. Proponents of "constitutional carry" argue that the Second Amendment does not allow restrictions on gun rights and that individuals should be able to carry firearms without additional permits. On the other hand, those in favour of "shall issue" believe that while the right to bear arms is important, certain regulations and licensing processes are necessary to ensure public safety and responsible firearm ownership.
It is worth noting that the impact of concealed carry laws on crime rates is a subject of ongoing debate and conflicting evidence. While some studies suggest that shall-issue laws may increase violent crime and firearm homicides, others find no link between concealed carry laws and crime rates.
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Frequently asked questions
A "shall-issue" state is one that must license any applicant who meets the legal requirements and completes any necessary training courses under state law.
A "may-issue" state is one that gives the local authority the power to decide whether to issue a permit to the applicant or not. The issuing authority can deny an applicant even if they meet the legal requirements.
A "constitutional carry" state is one that allows individuals to carry a firearm without a license. However, age, location, and residency restrictions may still apply.
As of 2024, there are 29 "constitutional carry" states, with more than 50% of U.S. states having passed laws permitting constitutional or "permitless" carry.
