Eleanor Finch
Open carry and constitutional carry are not the same thing, and the laws surrounding them vary from state to state. Open carry is the practice of carrying firearms on one's person or in plain view, and is legal in many states, especially constitutional carry states. However, some states require a permit for open carry, and there may be restrictions on magazine size and concealment requirements for specific areas. Constitutional carry, on the other hand, is a broad term referring to laws that allow individuals to carry a handgun in public, openly or concealed, without a permit, so long as they are legally allowed to possess a firearm.
| Characteristics | Values |
|---|---|
| Open carry | Openly carrying a firearm that is kept in plain sight or partially concealed, usually holstered |
| Constitutional carry | Law-abiding citizens are not required to obtain a permit to carry a handgun openly or concealed |
| Permitless carry | The state allows for open or concealed carry without a permit as long as the individual meets certain criteria |
| Federal laws | Federal laws prohibit carrying firearms in federal courthouses, buildings, airports, national cemeteries, military bases, post offices, Native American reservations, and other federally controlled locations |
| State laws | Each state has different laws concerning constitutional carry, including age, location, and residency requirements |
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What You'll Learn
- Constitutional carry laws and their variations across states
- Open carry laws and their differences from state to state
- Permitless carry laws and how they differ from constitutional carry
- The Second Amendment and its interpretation by gun rights supporters
- The impact of constitutional carry on gun violence
Constitutional carry laws and their variations across states
Constitutional carry laws, also known as unrestricted or permitless carry, refer to state laws that do not prohibit citizens who can legally possess firearms from carrying handguns openly or in a concealed manner without a state permit. As of 2025, there are 29 states that have constitutional carry laws in place, with variations in their specific regulations.
For instance, in Alabama, Governor Kay Ivey signed House Bill 272 in 2022, which eliminated the requirement for a permit to carry a concealed or loaded pistol, effective January 1, 2023. Open carry without a permit was already legal for residents and non-residents over the age of 18 before this legislation. Similarly, Arizona, Idaho, Indiana, and Oklahoma have also enacted constitutional carry laws, allowing residents and non-residents to carry handguns without a permit, with certain age restrictions in some cases.
On the other hand, some states have more complex variations of constitutional carry laws. For example, Florida, the 26th state to pass a permitless carry bill, allows people to carry handguns openly or concealed without a permit. However, open carry of firearms is restricted to specific activities like hunting, fishing, and camping. Additionally, Florida maintains restrictions on acquiring handguns from anyone other than close relatives without a certificate or permit.
Tennessee, another state with constitutional carry laws, has faced legal challenges. In 2021, the Firearms Policy Coalition (FPC) sued the state for prohibiting 18 to 20-year-olds from carrying concealed firearms or obtaining a permit. The state's restrictions were deemed unconstitutional, and an agreed order was put in place. Tennessee also has specific conditions, such as prohibiting individuals with a history of DUIs from carrying without a permit.
Constitutional carry laws vary across states, with some states having no restrictions on open or concealed carry, while others have specific age requirements or limitations on certain activities. The specific laws and regulations can change over time, and it is essential to refer to the most up-to-date information for each state.
Georgia's Constitutional Carry: What You Need to Know
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Open carry laws and their differences from state to state
Open carry laws in the United States vary from state to state, and they can be categorized into four types:
Permissive Open Carry States
These states allow gun owners who can legally possess a firearm to openly carry a gun without a permit or license. Examples include Alaska, Arizona, Arkansas, Indiana, Iowa, Kansas, Kentucky, and Louisiana. Alaska, for instance, has lenient gun legislation, allowing anyone 21 or older to openly or conceal carry without a permit. Arizona has similar laws, and open carry was already legal in the state before the passage of Senate Bill 1108 in 2010, which eliminated the requirement for a permit for concealed carry. Arkansas also permits open carry without a permit, and its laws allow a defense to the charge of carrying a weapon if " [t]he person is on a journey...", although "journey" is not defined.
Licensed Open Carry/Not Addressed States
In these states, gun owners can carry firearms openly only after being issued a permit or license. Alternatively, open carry may not be specifically addressed in state statutes, but a permit or license is required to carry a handgun. An example is Connecticut, where an appellate court has recognized that a person who openly carries a pistol may be subject to arrest for violating several statutes, even if there is no explicit prohibition.
Anomalous Open Carry States
Carrying a gun openly in these states may be either generally lawful or legal under state law, but local governments may have differing gun laws or impose strict limitations. For instance, in California, it is generally prohibited to carry a firearm openly, but the sheriff of any county with a population under 200,000 people or the chief of police of a city within that county may issue licenses to carry a loaded, exposed handgun, and these licenses are only valid within that county.
Non-Permissive Open Carry States
Carrying a gun openly is against the law in these states or is only legal in limited circumstances, such as while hunting or when used for self-defense. Examples include California, Illinois, New York, and Washington, D.C.
It is worth noting that the definition of "open carry" varies from state to state. Some states specify that a weapon must be “partially visible” to be considered open carry, while others require it to be “fully visible." Additionally, the criteria for a weapon to be considered "loaded" also differ among states.
Michigan's Constitutional Carry: What Does It Mean?
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Permitless carry laws and how they differ from constitutional carry
Permitless carry laws and constitutional carry laws are often used interchangeably, but they are not the same. The main difference lies in the conditions required for an individual to carry a firearm.
Constitutional carry means that a state's law does not prohibit citizens who can legally possess a firearm from carrying handguns, either openly or in a concealed manner, and thus no state permit is required. However, this may be conditional in some states, where there are no laws prohibiting the open carry of a handgun, but a permit is required to carry a concealed handgun. For example, in Mississippi, while there is no permit required to open carry, some forms of concealed carry, such as Mexican carry or carrying a weapon in an ankle holster, would still require a permit.
Permitless carry, on the other hand, includes constitutional carry states and states where individuals must meet certain qualifications to legally carry a firearm. For instance, in Tennessee, an individual is not allowed to carry a firearm without a permit if they have a history of DUIs in the last 5 to 10 years. Some states are fully unrestricted, meaning no permit is required for open or concealed carry, while others allow open carry without a permit but require a permit for concealed carry.
As of 2025, there are 29 states that have constitutional carry or permitless carry laws, with the majority of these laws being passed in the last decade. Alaska was the first state to pass such a law in 2003, and since then, over 50% of US states have followed suit. The most recent states to pass constitutional carry laws as of April 2023 are Florida and Nebraska.
Nevada's Constitutional Carry: What You Need to Know
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The Second Amendment and its interpretation by gun rights supporters
The Second Amendment to the United States Constitution is a topic of much debate and has been interpreted in various ways by gun rights supporters and legal experts. The amendment states:
> "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."
Gun rights supporters interpret the Second Amendment as protecting an individual's right to possess firearms for self-defence and other lawful purposes. This interpretation, known as the "individual rights" model, asserts that citizens have the right to bear arms regardless of their membership in a militia. The Supreme Court has supported this interpretation in several landmark cases, including District of Columbia v. Heller (2008) and McDonald v. Chicago (2010). In these cases, the Court affirmed that the Second Amendment guarantees an individual right to keep and bear arms, unconnected to service in a militia.
The "collective rights" model, on the other hand, argues that the right to bear arms is dependent on militia membership. This interpretation suggests that legislative bodies have the authority to regulate firearms without implicating a constitutional right. However, the Supreme Court has rejected this model in favour of the individual rights interpretation.
The Second Amendment has been a subject of intense debate and legal scrutiny, with gun rights supporters arguing that it protects their right to self-defence and personal freedom. The amendment's interpretation has evolved over time, with the Supreme Court playing a significant role in shaping its understanding. While the "individual rights" model currently prevails, the ongoing gun control debate in the United States continues to shape the interpretation and application of the Second Amendment.
Constitutional carry, also known as permitless carry, refers to a situation where a state's law does not prohibit citizens who can legally possess firearms from carrying handguns openly or in a concealed manner. In these states, individuals can carry firearms without obtaining a state permit. As of 2025, there are 29 constitutional carry or permitless carry states, including Alabama, Ohio, Indiana, Georgia, Florida, and Nebraska. However, it is important to note that laws and regulations regarding firearms vary from state to state, and some states may have additional requirements or restrictions.
Colorado's Constitutional Carry: What Does It Mean?
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The impact of constitutional carry on gun violence
Open carry and constitutional carry are not the same thing. Open carry refers to the practice of openly carrying a firearm in public, while constitutional carry is a broader concept that allows individuals who can legally possess a firearm to carry handguns without a state permit, either openly or in a concealed manner.
Now, focusing on the impact of constitutional carry on gun violence:
The impact of constitutional carry or permitless carry laws on gun violence is a complex and evolving issue. While supporters of constitutional carry argue that it empowers responsible gun owners and enhances their ability to protect themselves and their loved ones, there are concerns about the potential impact on public safety and gun violence.
As of 2025, over 50% of US states have passed constitutional carry or permitless carry laws, and this number continues to grow. Proponents of these laws often argue that they do not lead to an increase in gun violence and may even act as a deterrent to criminals. However, the available data and research suggest a different narrative.
Emerging data indicates that states with permitless carry legislation are witnessing a notable increase in gun violence. This trend is supported by research that shows a positive correlation between weakened firearm permitting systems and a rise in gun violence and violent crime. Specifically, states that provided law enforcement with broad authority to deny carry permits on public safety grounds experienced 11% lower homicide rates compared to states without such provisions. Additionally, states without violent misdemeanor prohibitions, live fire requirements, suitability requirements, or dangerousness prohibitions in their shall-issue concealed carry permitting laws saw rates of firearm assault and firearm homicide that were 22% and 30% higher, respectively, than expected.
The implications of constitutional carry on gun violence are further complicated by the lack of standardized firearm safety training and responsible gun ownership education. Without these safeguards, there are concerns that individuals with no experience in handling firearms may inadvertently contribute to increased gun-related incidents.
Pennsylvania's Constitutional Carry: What's the Law?
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Frequently asked questions
No, they are not the same thing. Open carry means carrying a firearm that is kept in plain sight or partially concealed, usually holstered. Constitutional carry, on the other hand, is a broader term that means citizens are not required to obtain a permit to carry a handgun openly or concealed.
Open carry only refers to carrying a firearm visibly, whereas constitutional carry includes both open and concealed carry without a permit.
No, the laws for open and constitutional carry vary from state to state. It is important to understand the specific laws of the state you are in before carrying a firearm.
Some states with open carry laws include Arizona, Arkansas, and Idaho.
Some states with constitutional carry laws include Alabama, Florida, Georgia, and Indiana.
