MAY or SHALL issue for PA???

[Hokkmike]

Got a flier of Pennsylvania Firearm Laws from State Representative John R. Gordner. I think I picked it up at the Bloomsburg Fair this past September.

Reading through it allow me to quote to separate sentences:

FIRST
In accordance with C.S. 6109, a sheriff may deny an individual the right to a License to Carry Firearms if there is reason to believe that the character and reputation of the individual are such that they would likely act in a manner dangerous to public safety.

SECOND
If the PICS check is a approved and the subject of good character, the sheriff may issue a License to Carry Firearms.

So, here is my question. In the first instance quoted I understand the use of the term may. In the second use I do not. Isn't it supposed to read, "The sheriff SHALL issue."?

Any elucidation on this please?

[BimmerJon]

A flyer has no weight



Shall issue

[God's Country]

I know this isn't what the OP asked, but......
As a general feeling IMO Pa is a may issue state.
When an applicant can be denied for nearly any reason after passing pics, and has to reach into their own pocket to appeal that decision, and a judge can decide whether the sheriff's denial had merit, then personal opinion can outweigh whatever right the applicant has to a ltcf. That's may issue IMO.

Fortunately this doesn't happen regularly across the state, not yet.

[Gun]

http://www.buckeyefirearms.org/node/6744

Discussion about the two issues.

[Hokkmike]

A flyer has no weight



Shall issue

I get that. It was just that the flier was put out by a State Rep and has an air of authority about it. I thought that he should know better. but, I wasn't sure. Thank you for your response.

[OwnTheRide]

Particularly given the refusal of many sheriffs to accept nonresident applications, it saddens me to say that PA is now a may-issue state, at least in practice and reality.

PA is looking more and more like NY every day. Yeah, there's still a long downhill slope to follow, but momentum can be hard to stop. I sure do hope you guys stem the tide.

[QuackXP]

While PA likes to sell itself as a "shall issue" state. The character clause makes it a de facto "may issue" state. The only real problem is Philly. But "shall issue" to me is an all or nothing endeavor.

[RainingLead]

I thought it was shall issue unless your a felon, you have a domestic abuse charge against you, ect....

[knight0334]

I thought it was shall issue unless your a felon, you have a domestic abuse charge against you, ect....

The law says "Shall Issue". However the Character & Reputation Clause is used by a very few counties to deny folks.

PA is Shall Issue. A few counties try to use anything to deny you. However upon challenge for frivolous denial, the courts nearly always demand the issuing agent to issue a LTCF.

PA isn't the only "shall issue" state with a character clause. If PA is so "may issue", how come we have the 2nd highest number of licenses issued? The only state that exceeds PA is Florida. Even Texas, as "gun friendly" as it is supposed to be and with with twice as many residents, comes in behind PA in the numbers of licenses issued.

[tl_3237]

Got a flier of Pennsylvania Firearm Laws from State Representative John R. Gordner. I think I picked it up at the Bloomsburg Fair this past September.

Reading through it allow me to quote to separate sentences:

FIRST
In accordance with C.S. 6109, a sheriff may deny an individual the right to a License to Carry Firearms if there is reason to believe that the character and reputation of the individual are such that they would likely act in a manner dangerous to public safety.

SECOND
If the PICS check is a approved and the subject of good character, the sheriff may issue a License to Carry Firearms.

So, here is my question. In the first instance quoted I understand the use of the term may. In the second use I do not. Isn't it supposed to read, "The sheriff SHALL issue."?

Any elucidation on this please?

When in doubt, refer to the actual statute:

18 Pa CS 6109(e) Issuance of license.--

(1) A license to carry a firearm shall be for the purpose of carrying a firearm concealed on or about one's person or in a vehicle and shall be issued if, after an investigation not to exceed 45 days, it appears that the applicant is an individual concerning whom no good cause exists to deny the license. A license shall not be issued to any of the following:

(i) An individual whose character and reputation is such that the individual would be likely to act in a manner dangerous to public safety.

* * * (13 additional clauses follow)

Arguably, the character clause above in (i) can be applied capriciously but the statute provides for an affirmative duty on the sheriff to justify the invoking of that clause and, furthermore, a court review process to adjudge its validity.