The Constitutional Incongruity of "May-Issue" Concealed Carry Permit Laws

Document Type

Article

Publication Title

University of Florida Journal of Law & Public Policy

Abstract

In 2019, at least 39,000 Americans were killed by guns. Given this epidemic of gun violence, it is no surprise when legislatures enact gun control measures; in fact, they should be applauded for doing so. However, the right to keep and bear arms is a fundamental constitutional right protected by the Second Amendment. While the precise scope of this right is unclear, it appears to include at least some right to carry guns outside of the home.States have three categories of licensing schemes for those who wish to carry guns in public. In unrestricted or "constitutional carry" jurisdictions, citizens of the state do not need any license to carry. In "shall-issue" jurisdictions, citizens are required to have a permit, but the permitting entity has no discretion; provided that the applicant meets certain requirements, the government must issue the permit. In "may-issue" jurisdictions, the permitting entity has discretion as to whether to issue the permit, even if the applicant meets all the conditions. Most "may-issue" jurisdictions require applicants to prove that they have a good reason for wanting to carry a gun, such as a compelling need forself-defense. Even when these jurisdictions do not have this requirement, they give the permitting authority discretion as to whether to issue the license.

Publication Date

1-1-2020

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