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Old March 7, 2010, 02:03 PM   #30
Tennessee Gentleman
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Join Date: March 31, 2005
Location: Tennessee
Posts: 1,775
Quote:
Originally Posted by RDak
Here's the answer to your question on LEO's degree of involvement in shall issue States.
The question for the court would be IMO can there be constitutional descretion that is objective but allows for CLEO subjectively to deny a permit.

I guess that sounds like a square circle but is this an all in or out proposition?
Can descretion be allowed within a range of obejctive measures? Or would the court take the rigid checklist approach and insist that if one meets A,B,C criteria give them the permit? Would that lead states to then create A-ZZZ criteria instead of A,B,C?
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