How America Became a “Shall Issue” Nation
Over the past three decades, a quiet revolution has been taking place across the country. We’re talking about the expansion of “right-to-carry” or “shall issue” laws allowing citizens to carry concealed firearms. If you look at the animated map below, you’ll see that the vast majority of states now allow citizens to obtain carry permits on a “shall-issue” basis. That typically means than a citizen can obtain a carry permit after fulfilling basic requirements, such as a background check, safety class, and finger-printing.
As recently as the mid-1990s, most states disallowed carry permits, or allowed such permits only at the discretion of local law enforcement officials. Over the past 30 years states have migrated to less restrictive alternatives. The map below shows how most states have gone from “No-Issue” (Red) or “May-Issue” (Yellow) status to “Shall Issue” (Blue).
Opponents of right-to-carry legislation argued that the passage of “shall issue” laws would increase gun violence. In fact, the opposite occurred. The level of violent gun crime has declined in recent decades. A study by the Bureau of Justice Statistics (BJS) showed a 39% decline in gun murders from 1993 to 2011 plus a 69% drop in non-fatal gun crimes during that period.
All 50 states have now passed laws allowing citizens to carry certain concealed firearms in public, either without a permit or after obtaining a “shall-issue” or “may-issue” permit from local law enforcement. Illinois had been the last state without such a provision — but its long-standing ban on concealed weapons was overturned in a federal appeals court, on Constitutional grounds. Illinois was required by the court to draft a concealed carry law by July 9, 2013 at which time the Illinois legislature, over-riding the amendatory veto of the governor who had sought to impose many restrictions, approved concealed carry to begin January 2014, at the latest.
While the two trends are not necessarily linked, it is interesting that serious crime continues to decline while firearms ownership expands with each passing year. Last week, the FBI released its Preliminary Annual Uniform Crime Report for 2010, showing a decrease of 5.5 percent in the number of violent crimes brought to its attention in 2010 compared to the previous year. Violent crime, which includes murder, forcible rape, robbery and aggravated assault, decreased in all four regions of the country and in both cities and non-metropolitan areas. For decades, violent crime in the United States has been dropping. Final figures for 2009 showed violent crime at its lowest level since 1984. At the same time, firearms ownership and use has been increasing, as right-to-carry legislation has been passed in 80% of U.S. States. There are now 40 Right-to-Carry States: 37 have “shall issue” laws, requiring that carry permits be issued to applicants who meet uniform standards established by the state legislature. Two have discretionary-issue carry permit systems. Vermont respects the right to carry without a permit. Alaska and Arizona have “shall issue” permit systems and have allowed concealed carrying without a permit since 2003 and July 2010, respectively. The largest surge in firearms sales occurred from late 2008 into 2010, and, according to an NSSF report, an estimated 34.4 million people went target shooting in 2009, the largest number ever.
