Antipitas said:
The Sheriff didn't like my "attitude."
Say it ain't so! Al, were you uppity with the Sheriff? You rabble rouser!
OK, lots of things here I guess. First of all I AM NOT an advocate of "shall issue" but that doesn't mean it won't withstand court challenge and that was my comment before so don't jump on me to get me to defend "shall issue"!
I should start by saying I suspect there is somedivergence between states on what "may issue" and "shall issue" mean.
For arguments sake I would say (and I could well be off base) that with "shall issue" is it's strictest sense if you meet the criteria to own a gun then you must be issued the permit, no LEO descretion whatsoever.
So, if you don't have a felony conviction but have a very violent history and are considered the village idiot but just haven't been convicted of a felony, domestic battery or involuntarily committed to a mental institution then you could get the permit.
I know this may vary from state to state. In Alabama virtually everybody gets one and in New York City virtually no one does so it is not the same state to state. So, "shall issue" and "may issue" may not always mean the same thing in every state.
Where "may issue" would be appealing to a court would in the same vein as the CLEO sign off for the FA Tax Stamp application in that the local LEO may have particular knowledge of a person being a danger to the public who is not be "in the system" that would keep him from getting the permit?
So if a state had a "may issue" system and had some objective criteria like I mentioned before with a real appeal process, explanation required as to why you were turned down, and perhaps other rather than whether the sheriff likes you or not it might withstand scrutiny for the court.
IMO, I think the court may find the right to keep a handgun in the home for self defense and carrying one round publicly quite different and might allow more regulation. So, I wouldn't go on this thread and say with great confidence that "may issue" is dead as I would say that we will win McDonald. However, I will be interested to see how the tougher CA-like may issue laws are challenged.
RDak said:
We are not in a great minority. Just the opposite.
Haven't seen that poll. Is that the same one the antis quote when they say the majority of Americans want "assault weapons" banned? I wouldn't put too much faith in those polls particularly since as gun owners we are surely in the minority. I suspect it is true with CCW as well. Voters may tolerate it but not really "support" it either.