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Thread: Whats the difference between "shall issue" and "will issue"

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    Regular Member cowboyridn's Avatar
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    Whats the difference between "shall issue" and "will issue"

    Whats the difference between "shall issue" and "will issue" for concealed carry. This is a great Unpublished Papers written by Robert J. Endorf Jr, who is he, don't know, but this paper is quite long and a useful tool in determining what sort of criteria states use (or don't use) in their issuing of CCW permits.


    http://works.bepress.com/cgi/viewcon...=robert_endorf


    Don
    Last edited by cowboyridn; 02-25-2011 at 05:22 PM.

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    I was always under the impression the two terms were interchangeable.

    No Issue (us and Illinois)
    May Issue (commie states)
    Shall/Will Issue (normal states)
    Permitless Carry (lucky states)

    Then again, I did not read the article, perhaps he makes some distinction between the two in it that I am unaware of.

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    Regular Member xmanhockey7's Avatar
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    Quote Originally Posted by cowboyridn View Post
    Whats the difference between "shall issue" and "will issue" for concealed carry. This is a great Unpublished Papers written by Robert J. Endorf Jr, who is he, don't know, but this paper is quite long but, a useful tool in determining what sort of criteria states use (or don't use) in their issuing of CCW permits.


    http://works.bepress.com/cgi/viewcon...=robert_endorf


    Don
    I've never heard of "will issue", I assume I'd be the same as shall issue.
    "No state shall convert a liberty to a privilege, license it, and charge a fee therefor.- Murdock vs Pennsylvania 319 US 105

    ...If the state converts a right into a privelege, the citizen can ignore the license and fee and engage in the right... with impunity.
    - Shuttleworth vs City of Birmingham, Alabama 317 US 262

    Where rights secured by the Constitution are involved, there can be no legislation which would abrogate them.
    - Miranda vs Arizona 384 US 436

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    Founder's Club Member protias's Avatar
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    Quote Originally Posted by SIGdude View Post
    I was always under the impression the two terms were interchangeable.

    No Issue (us and Illinois)
    May Issue (commie states)
    Shall/Will Issue (normal states)
    Permitless Carry (lucky states)

    Then again, I did not read the article, perhaps he makes some distinction between the two in it that I am unaware of.
    VT doesn't issue carry permits either. IL issues a FOID. I'm not sure why the NRA choose those terms.
    No free man shall ever be debarred the use of arms. Thomas Jefferson (1776)

    If you go into a store, with a gun, and rob it, you have forfeited your right to not get shot - Joe Deters, Hamilton County (Cincinnati) Prosecutor

    I ask sir, what is the militia? It is the whole people except for a few politicians. - George Mason (father of the Bill of Rights and The Virginia Declaration of Rights)

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    Quote Originally Posted by cowboyridn View Post
    Whats the difference between "shall issue" and "will issue" for concealed carry. This is a great Unpublished Papers written by Robert J. Endorf Jr, who is he, don't know, but this paper is quite long but, a useful tool in determining what sort of criteria states use (or don't use) in their issuing of CCW permits.


    http://works.bepress.com/cgi/viewcon...=robert_endorf


    Don
    I dumped the document into Word and did a "find next" function for "will issue" and "shall issue"to see where they were used. It seems as though "shall issue" is the what the concept is, and "will issue" is what the discretionary power "will" do, i.e., they will issue the permit. That and along with the true meanings (shall is used as an auxiliary to express a command , and will is used used as an auxiliary to express desire or willingness) I believe "will" is more polite than "shall". Shall is more forceful than will, but both accomplish the same end.
    JMO, but backed up as usual

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    Regular Member TyGuy's Avatar
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    No no no no no. You don't get to throw your hat in with us in IL. We can't carry at all. You have permitless OC. I hope that you get permitless carry (OC or CCW), but we have permitted NOTHING (FOID card).

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    Regular Member cowboyridn's Avatar
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    We don't want a "shall issue" or "will issue" law we want constitutional carry

    We don't want a "shall issue" or "will issue" law we want constitutional carry. But, as long as its on the table along with constitutional carry, then why not be as knowledgeable as you can in knowing the differences.

    Shall issue (which is prefered over may issue) basically says that the state will issue you a permit if you meet a set of standards. The state can choose their own standards, and there are several differences in the degree of the standards between states–but if you meet their criteria you can get a permit.

    May Issue gives the choice of whether or not a permit is issued to some part of the local government. This may be the Sheriff or some other agency within the state, county, or city government. So this person or group basically listens to why you THINK you need a permit and then they can say yes or no. You can never be sure that you’ll be able to get a permit in one of these states. It largely depends on your personal cirumstances and the mood or judgement of the government.

    Don
    Last edited by cowboyridn; 02-25-2011 at 05:24 PM.

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    Campaign Veteran skidmark's Avatar
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    Apparently, from the article, the difference between "shall" and "will" issue is the precise wording in the authorizing legislation. Unfortunately, he does not ID the one state that uses the phrase "will" issue, as opposed to all the rest who use the phrase "shall" issue.

    No wonder I'm sometimes accused of being anti-semantic.

    stay safe.

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    Regular Member littlewolf's Avatar
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    Quote Originally Posted by cowboyridn View Post
    Whats the difference between "shall issue" and "will issue" for concealed carry. This is a great Unpublished Papers written by Robert J. Endorf Jr, who is he, don't know, but this paper is quite long and a useful tool in determining what sort of criteria states use (or don't use) in their issuing of CCW permits.


    http://works.bepress.com/cgi/viewcon...=robert_endorf


    Don
    AND ?

    sorry feeling goofy
    Owner Little Wolf Firearms , US ARMY RETIRED 101st Airborne & 84th DIV TRNG Small arms instructor.
    Remember , Gun Control is " USING BOTH HANDS!"

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