Posted: 6/23/2022 2:17:26 PM EDT
bottom of page 36.
9To be clear, nothing in our analysis should be interpreted to suggest
the unconstitutionality of the 43 States’ “shall-issue” licensing regimes,
under which “a general desire for self-defense is sufficient to obtain a
[permit].” Drake v. Filko, 724 F. 3d 426, 442 (CA3 2013) (Hardiman, J.,
dissenting). Because these licensing regimes do not require applicants
to show an atypical need for armed self-defense, they do not necessarily
prevent “law-abiding, responsible citizens” from exercising their Second
Amendment right to public carry. District of Columbia v. Heller, 554
U. S. 570, 635 (2008). Rather, it appears that these shall-issue regimes,
which often require applicants to undergo a background check or pass a
firearms safety course, are designed to ensure only that those bearing
arms in the jurisdiction are, in fact, “law-abiding, responsible citizens.”
Ibid. And they likewise appear to contain only “narrow, objective, and
definite standards” guiding licensing officials, Shuttlesworth v. Birmingham, 394 U. S. 147, 151 (1969), rather than requiring the “appraisal of
facts, the exercise of judgment, and the formation of an opinion,” Cantwell v. Connecticut, 310 U. S. 296, 305 (1940)—features that typify
proper-cause standards like New York’s. That said, because any permitting scheme can be put toward abusive ends, we do not rule out constitutional challenges to shall-issue regimes where, for example, lengthy wait
times in processing license applications or exorbitant fees deny ordinary
citizens their right to public carry.
I hadn't seen the whole ruling and was curious about that and how the ruling would effect conceal carry permits.
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