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

LOERetired

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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 This is a great Unpublished Papers written by Robert J. Endorf Jr, who is he, don't know, but this paper is quite long and a useful tool in determining what sort of criteria states use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/viewcontent.cgi?article=1000&context=robert_endorf


Don
 
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SIGdude

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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.
 

xmanhockey7

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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 This is a great Unpublished Papers written by Robert J. Endorf Jr, who is he, don't know, but this paper is quite long but, a useful tool in determining what sort of criteria states use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/viewcontent.cgi?article=1000&context=robert_endorf


Don

I've never heard of "will issue", I assume I'd be the same as shall issue.
 

protias

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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.
VT doesn't issue carry permits either. IL issues a FOID. I'm not sure why the NRA choose those terms.
 

phred

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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 This is a great Unpublished Papers written by Robert J. Endorf Jr, who is he, don't know, but this paper is quite long but, a useful tool in determining what sort of criteria states use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/viewcontent.cgi?article=1000&context=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
 

TyGuy

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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).
 

LOERetired

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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
 
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skidmark

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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.
 

littlewolf

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