Glossary

Shall-issue and may-issue permits

A permit system in which authorities must grant a carry license to applicants who meet objective criteria, as opposed to discretionary may-issue systems.

Also called: may-issue, shall-issue permit, concealed carry licensing

Shall-issue and may-issue describe how states handle applications for permits to carry concealed handguns. In a shall-issue system, the licensing authority must grant a permit to any applicant who meets objective statutory requirements, such as being an adult, passing a background check and completing training. In a may-issue system, officials have discretion and typically require the applicant to show "good cause" or "proper cause."

Until the 1980s, many states had discretionary systems, and Florida's 1987 shall-issue law began a trend across the country. A handful of states retained may-issue, including New York, California, New Jersey, Maryland and Hawaii. In New York State Rifle & Pistol Association v. Bruen (2022), the Supreme Court struck down New York's proper-cause requirement, effectively making may-issue unconstitutional, while noting that states may still require licenses with objective standards, such as background checks, which it called "shall-issue" regimes.

Gun-rights advocates argue that discretion led to arbitrary denials and favored the connected, while permit-based systems with objective rules are acceptable to some. Many gun-safety advocates favor permit systems with stronger screening. Disputes continue over fees, long wait times, training and "sensitive places" rules. A growing number of states go further with permitless carry.

Last reviewed November 8, 2026

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Related terms

Constitutional carry A state law that lets people legally carry a handgun without a permit, usually if they are otherwise eligible to own one. New York State Rifle & Pistol Association v. Bruen The 2022 Supreme Court ruling striking down New York's discretionary concealed-carry licensing and setting a history-based test for gun laws. Castle doctrine A legal principle that people may use force, including deadly force, to defend themselves against intruders in their own home without a duty to retreat. Universal background checks A proposal requiring a background check for nearly all firearm sales, including private transfers not handled by licensed dealers. National Instant Criminal Background Check System The FBI system used by licensed firearm dealers to check whether a buyer is legally barred from owning a gun.