Update: Concealed Carry Laws – Is “May Issue” On The Outs?

concealed-weapon-with-a-stylish-handbagA recent federal court ruling in Washington D.C. has many wondering if the “may issue” concealed carry laws will someday be a thing of the past.  As a quick reminder, the concealed carry laws in the United States are broken into three main categories – (1) unrestricted (no permit required); (2) shall issue (permit based on statutory language); and (3) may issue (most restrictive and based on need).

Currently, the only “may issue” states are California, Connecticut, Delaware, Hawaii, Maryland, Massachusetts, New Jersey, New York and Rhode Island.  Washington DC was the last section of the U.S. to pass a concealed carry law, and not surprisingly, it is the most restrictive law around – or at least it was.

The law in Washington DC required the applicant to show he/she had a real need, such as a threat against them, to carry a concealed weapon. If the deciding authority did not believe the need was sufficient, the application would be denied.  On May 18, 2015, a federal court judge ruled this practice to be unreasonable.  Shortly thereafter, a short-term stay on the decision was also denied.  Therefore, based on the ruling, Washington DC must, for now, issue permits based on the application and not based on need.  The district must also notify gun owners who were previously denied a permit under the “may issue” analysis to advise that they may now obtain a permit.

The impact of this decision could be substantial.  If DC takes this issue all the way to the Supreme Court, it could potentially be the end of “may issue” for the country.

Stay tuned for more updates.