Isabella Carter
The Second Amendment of the US Constitution protects the right of the people to keep and bear Arms. However, the interpretation of this right has been a highly contested issue, with some arguing that it does not extend to the right to carry a concealed weapon. Must-carry rules refer to laws that allow individuals to carry loaded, concealed handguns in public without a permit, background check, license, or firearm training. These laws are in place in over 50% of US states, and the debate surrounding their constitutionality centres on public safety, with proponents arguing that they do not lead to an increase in violent crime, and opponents citing the removal of safety features of permit laws.
| Characteristics | Values |
|---|---|
| Definition | "Constitutional carry" refers to the Second Amendment's "right to bear arms" |
| Synonyms | Permitless carry, unrestricted carry |
| States that allow constitutional carry | Vermont, Alaska, Arizona, Wyoming, Kansas, Maine, Idaho, Mississippi, West Virginia, Missouri, New Hampshire, North Dakota, Kentucky, Oklahoma, South Dakota, Arkansas, Iowa, Tennessee, Texas, Montana, Utah, Ohio, Indiana, Georgia, Alabama, Florida, Nebraska, Louisiana, South Carolina, Illinois, New Mexico, Washington |
| Age requirement | 18 or 21 and above, depending on the state |
| Other requirements | No DUI in the past five or ten years, depending on the state |
| Pros | It is the constitutional right to bear arms without asking for permission; it makes it possible for hard-working, low-income individuals to protect themselves; there has been no increase in violence or firearms accidents in states with constitutional carry laws |
| Cons | Eliminates safety features of permit laws; the Second Amendment does not protect the right to carry a concealed weapon; no one should be allowed to carry a concealed weapon |
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What You'll Learn
The Second Amendment and the right to bear arms
The Second Amendment to the United States Constitution, passed by Congress on September 25, 1789, and ratified on December 15, 1791, protects the right to keep and bear arms. The text of the Amendment is as follows:
> "A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
The Second Amendment has been the subject of considerable debate and interpretation, with some arguing that it creates an individual constitutional right to possess firearms, while others contend that the Framers intended only to restrict Congress from disarming state militias. The original intent of the Second Amendment was to prevent federal overreach and ensure that citizens could resist a potentially oppressive military if the constitutional order broke down.
The Supreme Court has affirmed that the Second Amendment protects the right of individuals to keep and bear arms for self-defense, both in the home and in public. In District of Columbia v. Heller (2008), the Court held that the Second Amendment protected the right of individuals to possess weapons for self-defense, not just for a state-run militia. This decision expanded the scope of the Second Amendment beyond its original purpose of protecting state militias.
The Court has also ruled that state and local governments are limited to the same extent as the federal government from infringing upon the right to bear arms. In McDonald v. City of Chicago (2010), the Supreme Court applied the Second Amendment to the states through the incorporation doctrine, holding that the Fourteenth Amendment's Due Process Clause protected the Second Amendment's provisions.
While the Second Amendment protects the right to bear arms, it is not absolute. The Supreme Court has acknowledged that certain longstanding prohibitions, such as those forbidding the possession of firearms by felons or the mentally ill, are consistent with the Second Amendment. Additionally, the Court has noted that the term "bear arms" does not encompass the carrying of "dangerous and unusual weapons."
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State-specific laws and differences
The specific laws and differences between states regarding "must-carry" rules, or constitutional carry, are important to understand for firearm owners. Constitutional carry, also known as permitless carry, allows individuals to carry a concealed firearm without needing a permit. This is based on the interpretation of the Second Amendment, which provides the right to carry a firearm without government restrictions.
Vermont
Vermont has been a constitutional carry state since 1793 and is explicitly stated in its constitution. It has never restricted the carry of firearms by any adult and has never required a concealed-carry license.
Alaska
Alaska was the first state to pass constitutional carry legislation in 2003.
Wyoming
Wyoming became a constitutional carry state in 2011, eliminating the requirement for a permit to carry a concealed pistol.
Tennessee
Tennessee's constitutional carry law, enacted in 2021, may not be as unrestricted as initially thought. There are still certain conditions that residents must meet to legally carry a firearm. For example, Tennessee does not allow an individual to carry without a permit if they have received a DUI in the last five years or two or more in the last ten years.
North Dakota
North Dakota allows constitutional carry for both residents and non-residents. In 2023, Governor Doug Burgum signed a bill that removed the requirement for a 30-day ID history for non-residents and extended permitless carry to them.
Ohio
Ohio became a constitutional carry state in 2022, allowing residents to carry a concealed firearm without a permit.
Arkansas
Arkansas law allows a defence to the charge of carrying a weapon if "the person is on a journey", but the term "`journey`" was not initially defined. In 2013, the state enacted Act 746, which defined a "journey" as "travel beyond the county in which a person lives".
Other States
Other states that have adopted constitutional carry include Arizona, Kansas, Maine, Idaho, Mississippi, Missouri, New Hampshire, North Dakota, Kentucky, Oklahoma, South Dakota, Iowa, Montana, Utah, Indiana, Georgia, Alabama, Florida, Nebraska, Louisiana, and South Carolina.
It is important to note that firearm laws are constantly evolving, and each state may have unique requirements or limitations. For example, some states require individuals to be 21 or older to carry a firearm, while others may only allow concealed or open carry. Additionally, concealed carry permits can offer legal protections and reciprocity agreements that constitutional carry does not.
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Safety concerns and violent crime rates
Some studies suggest that permissive concealed carry laws reduce crime rates. For example, Lott and Mustard (1997) concluded that states implementing shall-issue laws saw significant decreases in rates of violent crime, including murder, rape, and assault. Their "more guns, less crime" conclusion sparked controversy and inspired further research. Similarly, a study by Quinnipiac University economist Mark Gius, which summarised literature published between 1993 and 2005, found that ten papers indicated a decrease in crime due to permissive concealed carry laws, while only one paper suggested an increase, and nine papers showed no definitive results.
On the other hand, multiple studies have found evidence of a positive correlation between permissive concealed carry laws and violent crime rates. A 2020 study by the RAND Corporation concluded that shall-issue concealed carry laws are associated with increased firearm homicides and total homicides. This study also found that child access prevention laws reduce firearm homicides and self-injuries among youth. Additionally, four studies (Donohue, Aneja, and Weber, 2019; Donohue et al., 2023; Durlauf, Navarro, and Rivers, 2016; Van Der Wal, 2022) aggregated all violent crimes into one category and found that shall-issue laws significantly increase violent crime rates. A study by Johns Hopkins Bloomberg School of Public Health also found a significant increase in firearm assaults in states that relaxed conceal carry permit restrictions, with a 24% increase in the rate of assaults with firearms when individuals with violent misdemeanours were eligible for concealed-carry licenses.
While the research presents conflicting evidence, it is important to note that the quality and methodology of studies also play a role in interpreting their results. Some studies, like Lott and Mustard's (1997), have been criticised for issues with data and methodology, leading to concerns about the accuracy of their conclusions. The National Academy of Sciences, in 2004, concluded that there was no link between concealed carry laws and crime rates, but they also noted the sensitivity of results to minor changes in model specifications.
In conclusion, the impact of must-carry rules on safety concerns and violent crime rates remains a highly debated topic. While some studies suggest that permissive concealed carry laws can reduce crime, a significant body of research indicates an increase in violent crime rates, particularly firearm-related crimes. The conflicting evidence highlights the complexity of the issue and underscores the need for further rigorous research to inform policy decisions regarding the constitutionality of must-carry rules.
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Concealed carry and open carry
In the United States, open carry refers to the practice of visibly carrying a firearm in public places, as opposed to concealed carry, where firearms are hidden from public view. Almost all US states allow for open carry, either without a permit or with a permit/license. The definition of open carry varies from state to state, with some states specifying that the weapon must be "partially visible" while others require it to be "fully visible" to be considered as openly carried.
Open carry has seen an increase in the United States in recent years, and is a highly debated topic in gun politics. Proponents of open carry argue that criminals usually conceal their weapons, while law-abiding citizens display them. Additionally, forty-five state constitutions recognise the right to keep and bear arms, and none of those prohibit the open carrying of firearms.
On the other hand, concealed carry allows gun owners to keep their firearms out of sight. As of 2025, over 50% of the US has passed laws permitting constitutional or permitless carry, where a permit is not required to carry a concealed handgun. However, this varies by state, with some states imposing restrictions based on age, location, criminal history, or the loaded/unloaded state of the firearm. For example, Wyoming allows residents and non-residents to open carry without a permit, but those under 21 require a valid concealed carry permit to carry concealed in the state.
The choice between open carry and concealed carry is a personal decision, influenced by individual comfort, understanding of the law, and specific circumstances. It is important for gun owners to educate themselves on the laws and regulations surrounding both open and concealed carry to ensure compliance with state and federal laws.
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Licensing and training requirements
In the United States, the term "constitutional carry", also called "permitless carry", "unrestricted carry", or "Vermont carry", refers to the legal public carrying of a handgun, either openly or concealed, without a license or permit. The phrase "constitutional carry" reflects the idea that the Second Amendment to the U.S. Constitution does not allow restrictions on gun rights, including the right to carry or bear arms.
However, it is important to note that the specific requirements for obtaining a license to carry a firearm vary from state to state. For example, in Texas, individuals must be at least 21 years old to obtain a license to carry a handgun (LTC). In New York, individuals seeking to obtain a concealed carry license for a pistol or revolver are required to take a comprehensive firearm safety training course and pass an in-person interview.
Some states have adopted constitutional carry or permitless carry, meaning they do not require a permit for open or concealed carry. For instance, Alaska, the first state to pass the legislation in 2003, and Vermont, which has been a constitutional carry state since 1793, explicitly stated in its constitution. Tennessee, on the other hand, does not qualify as a fully unrestricted state as it prohibits individuals with a DUI in the last five years or two or more in the last ten years from carrying a firearm without a permit.
While some states have adopted constitutional carry, others maintain certain qualifications that individuals must meet to legally carry a firearm. These qualifications can include background checks, training requirements, minimum age requirements, and restrictions on carrying in sensitive locations or vehicles. It is important for individuals to be aware of the specific laws and regulations in their state regarding the licensing and carrying of firearms.
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Frequently asked questions
Constitutional carry is a law that allows anyone who is legally allowed to possess a firearm to carry a handgun openly or concealed without a permit.
While all constitutional carry states are permitless carry states, the reverse is not true. Permitless carry means that the state allows for open or concealed carry without a permit as long as the individual meets certain criteria, such as not having a DUI in the past five years.
Vermont has been a constitutional carry state since 1793. Other states that have adopted constitutional carry include Arizona, Wyoming, Kansas, Maine, Idaho, Mississippi, West Virginia, Missouri, New Hampshire, North Dakota, Kentucky, Oklahoma, South Dakota, Arkansas, Iowa, Tennessee, Texas, Montana, Utah, Ohio, Indiana, Georgia, Alabama, Florida, Nebraska, Louisiana, and South Carolina.
Proponents of constitutional carry argue that it is a constitutional right to bear arms without asking for permission, and that permits are nothing but red tape. They also point to the fact that there hasn't been an increase in violence or firearms accidents in states with constitutional carry. On the other hand, opponents argue that constitutional carry eliminates the safety features of permit laws, and that the Second Amendment does not protect the right to carry a concealed weapon.
