Explore The NRA Universe Of Websites

APPEARS IN News

Why “May-Issue” Must Fail

Wednesday, November 21, 2018

When people talk about limitations on the right to freedom of speech, they often point to the fact that you can’t yell “Fire!” in a crowded theatre. Unless there is a fire, of course.

While the right to a free press is broad, the media can be prohibited from publishing or broadcasting something that would lead to violent or illegal action.

There are countless Supreme Court rulings spanning more than two centuries that speak to these rights, and they have helped to refine and define the protections enshrined in the First Amendment.

But what about the Second Amendment?

In the 2008 landmark ruling in District of Columbia v. Heller, which struck down a handgun ban in our nation’s capital, the Supreme Court held that the fundamental right to self-defense was at the core of the Second Amendment. Two years later, in McDonald v. Chicago, the Court applied the Heller ruling to the states.

After a decade under Heller, however, our nation’s highest court has yet to take up another major case challenging the constitutionality of a law regulating firearms. This is especially problematic because activist judges in lower courts regularly ignore the findings in Heller, as well as the standards by which the majority decided that banning handguns violates the core principle of the Second Amendment — the right to self-defense.

This unacceptable stagnation of the precedent set in Heller needs to end. A case challenging the constitutionality of “may-issue” carry permits should be high on the court’s agenda.

Laws establishing a “may-issue” standard for the acquisition of permits to carry firearms are anathema to the concept of the fundamental right to self-defense. Such schemes fail to set clear standards for the issuance or denial of permits. Inevitably, they allow for arbitrary decisions made by government employees as to whether a citizen will be allowed to exercise her or his right to self-defense.

Furthermore, “may-issue” permit systems are a breeding ground for corruption. It is often said that such systems are easily navigated by the wealthy or well-connected, leaving the average citizen unable to “qualify” to exercise their right to self-defense away from home.

In fact, the New York Police Department’s gun-licensing division was, once again, rocked this year with an investigation into allegations of widespread bribery and corruption. In exchange for an approved license application, some issuing officers were said to have accepted “bribes…in just about every form — good old-fashioned cash, stuffed in envelopes, sometimes hidden in magazines; expensive liquor; luxury watches; free vacations; and even free guns.”

Of course, there have been opportunities for the Supreme Court to take up cases that hinged on a correct application of Heller, including challenges to “may-issue” regimes. Some justices have shown signs of frustration that none of these have reached their docket.

Justice Clarence Thomas has written several times in dissent when the court has chosen to not review Second Amendment cases from lower courts. His feelings of exasperation over the failure of the court to expand and expound on Heller over the last decade are clear. Similarly, he has made clear his feeling that lower courts are ignoring Heller.

Last year, Thomas was joined by Justice Neil Gorsuch in dissenting with the court’s decision to not take up a Ninth Circuit ruling that let California’s “may-issue” permit system remain in place. Their dissent described the Ninth Circuit’s opinion as “indefensible” and lamented the “distressing trend” of “the treatment of the Second Amendment as a disfavored right.”

There are, however, cases on the horizon that challenge “may-issue” permit laws that the Supreme Court could very well choose to take up. The First Circuit recently held that the restrictive “may-issue” permit schemes of Boston and Brookline (Massachusetts) did not violate the Second Amendment.

As is the case with most “may-issue” laws, Boston and Brookline require applicants for carry permits to prove a need, which is an arbitrary standard that any two people are unlikely to agree upon. Requiring a citizen to “prove” they should be “allowed” to exercise a fundamental right should be prima facie unconstitutional. In contrast, a “shall-issue” law requires the government to give a specific, clearly defined reason to deny an applicant the exercise of their constitutional right.

The plaintiffs in the Boston/Brookline case indicate they will appeal to the Supreme Court, and similar cases in other states are at various stages in the process. We hope that this case or one like it will finally give the Supreme Court the opportunity to put an end to the unconstitutional practice of allowing state and local governments to arbitrarily deny law-abiding Americans our right to bear arms for personal protection.

TRENDING NOW
Senator Mike Lee Introduces National Constitutional Carry Act

News  

Friday, March 6, 2026

Senator Mike Lee Introduces National Constitutional Carry Act

Earlier this week, Senator Mike Lee (R-UT) introduced S. 4013, the National Constitutional Carry Act. This legislation would prohibit states from imposing any criminal or civil penalty on U.S. citizens for carrying a firearm in public. ...

Michigan: Constitutional Carry Legislation Introduced

Thursday, March 5, 2026

Michigan: Constitutional Carry Legislation Introduced

A package of pro-Second Amendment legislation has been introduced in the Michigan House. House Bills 5653–5657 would make Michigan the 30th state in the nation to recognize Constitutional Carry, allowing individuals who are legally permitted ...

Out-of-Touch Mayor Learns the Hard Way Michiganders Like Guns and Dogs

News  

Monday, March 2, 2026

Out-of-Touch Mayor Learns the Hard Way Michiganders Like Guns and Dogs

“The NRA is going to be mad at me.”  So said David LaGrand (D), mayor of the second largest city in the state of Michigan. We don’t get mad, however, when firearm prohibitionists reveal their true ...

Virginia Gun Owners Face Magazine Confiscation!

Monday, February 2, 2026

Virginia Gun Owners Face Magazine Confiscation!

Astute Virginia gun owners anticipated terrible gun control legislation from the 2026 General Assembly. Still, some may be shocked to learn that anti-rights zealots in the Virginia Senate have advanced a bill to CONFISCATE standard capacity firearm ...

Oregon: Senate Passes Ballot Measure 114 Bill

Friday, March 6, 2026

Oregon: Senate Passes Ballot Measure 114 Bill

Yesterday, the Senate passed an amended House Bill 4145, now engrossed as HB 4145 B. It will now return to the House for concurrence as amended.

Virginia: Multiple Gun Control Bills Advance in Senate

Tuesday, January 27, 2026

Virginia: Multiple Gun Control Bills Advance in Senate

On Monday, January 26th, the Senate Courts of Justice Committee advanced a slate of gun control bills targeting semi-automatic firearms, standard capacity magazines, carry rights, home storage, and more.

Virginia: Gun Bill Updates As Crossover Deadline Arrives

Tuesday, February 17, 2026

Virginia: Gun Bill Updates As Crossover Deadline Arrives

Today, February 17th is the legislative crossover deadline in Virginia, and any bills that have not left their chamber of origin by the end of the day are considered dead for the session.

Virginia: Anti-Gun Bills Headed to the Governor

News  

Sunday, March 8, 2026

Virginia: Anti-Gun Bills Headed to the Governor

As the 2026 General Assembly enters the final week of the 2026 legislative session, anti-gun lawmakers continue their push to radically change your Second Amendment rights in the Commonwealth. This week four anti-gun bills, SB ...

Virginia: More Gun Control Introduced in General Assembly

Thursday, January 15, 2026

Virginia: More Gun Control Introduced in General Assembly

The 2026 Virginia legislative session is underway, and lawmakers are continuing their assault on your Second Amendment rights.

North Carolina: Permitless Carry Veto Override Vote Postponed

Tuesday, January 13, 2026

North Carolina: Permitless Carry Veto Override Vote Postponed

Today, the North Carolina House of Representatives rescheduled this morning’s veto override on Senate Bill 50, Freedom to Carry NC, to February 9, 2026.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.