Shall issue
From Wikipedia, the free encyclopedia
For a shall-issue gun law, authorities (usually a state agency; sometimes the local police) are required to issue a concealed carry permit to any individual who requests it if he meets the state's issuance criteria, usually consisting of submitting fingerprints, submitting paperwork for a background check, attending a certified handgun/firearms safety class, participating in a range check before a certified trainer (for demonstrating safe firearms handling, while shooting at a target with a handgun), and paying the required fee (if any). These requirements vary by state; for example Georgia has no safety certification requirement or range check.
Example language from a Colorado statute, C.R.S. 18-12-203 follows (boldface not in the original):
- (1) Beginning May 17, 2003, except as otherwise provided in this section, a sheriff shall issue a permit to carry a concealed handgun to an applicant who:
- (a) Is a legal resident of the state of Colorado. ...
- (b) Is twenty-one years of age or older;
- (c) Is not ineligible to possess a firearm pursuant to section 18-12-108 or federal law; ...
The following are undisputed shall-issue states: Alaska, Arizona, Arkansas, Colorado, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Maine, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, West Virginia, and Wyoming.
Alaska is both a "shall-issue" and an "unrestricted" state. Alaska does not require a permit for any law-abiding individual to carry a handgun, either openly or concealed, within the state's borders. However, the state continues to issue permits to any of its residents who meet the state's issuance criteria, which can be helpful for Alaskans traveling to other states.
The status of Alabama, Connecticut and Iowa is in some dispute among gun rights activists. The laws of all three states, strictly speaking, would place them in the "may-issue" category, as permit issue is to some degree discretionary. However, the policies of these states are effectively shall-issue.