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
North Carolina: Update on Permitless Carry

Monday, November 17, 2025

North Carolina: Update on Permitless Carry

Last week the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

A Dozen Towns in New Jersey Have Nullified Carry Permit Fees Through an Initiative Backed by NJFOS, NRA, and CCRKBA.

Tuesday, December 2, 2025

A Dozen Towns in New Jersey Have Nullified Carry Permit Fees Through an Initiative Backed by NJFOS, NRA, and CCRKBA.

On November 25th, Howell, in Monmouth County, became the 12th municipality in New Jersey to refund all or substantially all the fees required to obtain a permit to carry. The list now includes towns in ...

Ninth Circuit Grants Rehearing En Banc in NRA-Supported Challenge to California’s Ammunition Background Check Requirement

Tuesday, December 2, 2025

Ninth Circuit Grants Rehearing En Banc in NRA-Supported Challenge to California’s Ammunition Background Check Requirement

The Ninth Circuit Court of Appeals has granted rehearing en banc in Rhode v. Bonta—a case backed by the National Rifle Association and California Rifle and Pistol Association.

California: Governor Newsom Signs Gun Control Bills Into Law

Monday, October 13, 2025

California: Governor Newsom Signs Gun Control Bills Into Law

For someone who has claimed to be"...deeply mindful and respectful of the Second Amendment and people’s Constitutional rights,” Governor Gavin Newsom has once again proven that actions speak louder than words.

Gun Control Advocates Hope to Create Patchwork of Peril to Suppress Civil Rights

News  

Monday, November 24, 2025

Gun Control Advocates Hope to Create Patchwork of Peril to Suppress Civil Rights

Preemption laws offer legal protection for gun owners, but only when they are enforced.

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

News  

Second Amendment  

Thursday, May 22, 2025

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

Earlier today, the U.S. House of Representatives passed H.R.1 the One Big Beautiful Bill Act, which included Section 2 of the Hearing Protection Act, completely removing suppressors from the National Firearms Act (NFA).

Florida: House Judiciary to Hear Pro-Gun Bill Repealing Adult Age Restrictions Tomorrow!

Monday, December 1, 2025

Florida: House Judiciary to Hear Pro-Gun Bill Repealing Adult Age Restrictions Tomorrow!

Tomorrow, December 2nd, at 8:30 AM, the Florida House Judiciary Committee will hear pro-gun House Bill 133, which restores the ability for young adults to lawfully purchase firearms. Use the Take Action link below to contact the ...

Florida: Pro-Gun Bill Repealing Adult Age Discrimination Advances to House Vote

Wednesday, December 3, 2025

Florida: Pro-Gun Bill Repealing Adult Age Discrimination Advances to House Vote

Yesterday, the House Judiciary Committee voted 13-7 to favorably report pro-gun House Bill 133, which restores the ability for young adults to lawfully purchase firearms. The bill now heads to the full House, where it is ...

President Trump Signs the “One Big Beautiful Bill Act” into Law

News  

Friday, July 4, 2025

President Trump Signs the “One Big Beautiful Bill Act” into Law

Earlier today, on the 4th of July, a day on which our Founding Fathers declared their intent for a free nation, the President of the United State of America, Donald Trump, signed the “One Big ...

Ruger Next Target in Threat-Based Gun Control

News  

Monday, November 17, 2025

Ruger Next Target in Threat-Based Gun Control

The inch was seemingly given, so it is not surprising to see pursuit of the mile.

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.