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Discretionary firearm permits - Omnia mutantur, nihil interit.
March 23rd, 2005
07:40 pm
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Discretionary firearm permits
It is settled by a long line of recent decisions of this Court that an ordinance which, like this one, makes the peaceful enjoyment of freedoms which the Constitution guarantees contingent upon the uncontrolled will of an official - as by requiring a permit or license which may be granted or withheld in the discretion of such official - is an unconstitutional censorship or prior restraint upon the enjoyment of those freedoms.

STAUB v. CITY OF BAXLEY, 355 U.S. 313 (1958)

Someone please explain how discretionary concealed-carry permits are at all constitutional given this?

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From:papertygre
Date:March 24th, 2005 04:01 am (UTC)
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There are discretionary concealed-carry permits?
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From:kenoubi
Date:March 24th, 2005 04:19 am (UTC)
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Only 35 states have shall-issue laws. Most of the others have discretionary licensing. See here for a list. Notable states with discretionary licenses include New York and California.
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