An excellent paper regarding may issue vs. shall issue CCW licensing.

[jerseytactical]

Hi, all.

I found this paper online last night, and although it consists of 247 pages, it is quite a useful tool in determining what sort of criteria states use (or don't use) in their issuing of CCW permits. I strongly encourage our members on this forum that live in may issue states to read this. The last 100 pages or so are the source references, so it's not as long of a read as one would expect. Enjoy, and let me know your thoughts.


Here is the link:
http://works.bepress.com/cgi/viewcon...=robert_endorf

[TinGLOCK]

Thanks for posting this.

I opened it up and went right to the Maryland section. Sure enough, the author is providing some explanation and evidence surrounding what I have heard* is a willy-nilly process used in that state.

*On a popular gun forum (Glock Talk, I think), a guy chronicled his attempts at obtaining carry rights in Maryland. It sounded like hell, and, of course, he ended up with nothing.

[jerseytactical]

Thanks for posting this.

I opened it up and went right to the Maryland section. Sure enough, the author is providing some explanation and evidence surrounding what I have heard* is a willy-nilly process used in that state.

*On a popular gun forum (Glock Talk, I think), a guy chronicled his attempts at obtaining carry rights in Maryland. It sounded like hell, and, of course, he ended up with nothing.

It's crazy, isn't it? The whole premise is that in may issue states, there is no set of legal definitions or guidelines of which the issuing authority is bound to when determining whether or not a permit will be issued. It is also deliberately made impossible to view legal preference to determine what examples constitute "justifiable need,etc." This places the burden on the applicant, and not the issuing authority to determine eligibility. It is a terminology that grants unlimited discretion on behalf of the issuer, because they can tailor their own version of what justifiable need is, on a case by case basis. How these states get away with a flagrant violation the of the law is mind-boggling. I especially enjoyed the excerpt how the Chief of the LAPD was not able to pass the POST test (required of all LEO's in CA), yet was issued a CCW anyway. Nice! What the heck is it going to take to put an end to this ridiculous and unlawful practice???

[ungawa]

I had not seen this before. Thanks for sharing!

[stephpd]

I do live in a may issue state. From all the members at DELOC.org only one was turned down and it was for some things on his record that never made it to a court. So he was screwed by a system that keeps records of you although not criminal in nature.

But with all the amendments and restrictions that were added to the bill to change it to shall issue it is better the way it is currently. It could be better but there are to many liberal politicians that want to restrict where you can carry for it to work out.

Looking at many of the states that went shall issue you can get an idea of the places that they can restrict. Several of them have no carry in bars, restaurants that serve alcohol, churches, banks, etc, etc etc. That places like Texas that can arrest you for printing.

Sure Pa has one of the better ones but it doesn't allow for open carry in a vehicle. As well as the sheriff of the county being able to revoke for some ill defined reasons.

Ideally, open carry should be legal in all states. And a concealed carry license should only be restricted to keep felons and adjudicated mentally ill from getting them. No restrictions on where you can carry.

The laws should be easy to comply to for most and not be so confusing, going from state to state. And any license should be recognized by all states like a driver license.

[TinGLOCK]

It's crazy, isn't it?...This places the burden on the applicant, and not the issuing authority to determine eligibility. It is a terminology that grants unlimited discretion on behalf of the issuer, because they can tailor their own version of what justifiable need is, on a case by case basis...

Tell me about it. In the Maryland section, the author even provides a citation for some Maryland sheriff saying that he made things up as he went along. For the case I'm thinking of, I believe the permit applicant was a small business owner who had been robbed multiple times. If I remember correctly, he used this as his reason when applying in Maryland and they still turned him down at least once.

...Sure Pa has one of the better ones but it doesn't allow for open carry in a vehicle...

In fairness, OC is allowed with any state's permit/license.

The laws should be easy to comply to for most and not be so confusing, going from state to state. And any license should be recognized by all states like a driver license.

Are you crazy? Haven't you read the Second Amendment? Oh, wait...

[stephpd]

In fairness, OC is allowed with any state's permit/license.

In DE you can open carry in a vehicle without a license.

Are you crazy? Haven't you read the Second Amendment? Oh, wait...

That is the Second Amendment. Anything else is an infringement on that right.