Eleanor Finch
The Second Amendment of the US Constitution grants citizens the right to bear arms. However, the interpretation of this right and its limitations has been a subject of debate and legal battles. While some states require individuals to obtain a license or permit to own a firearm, others recognize constitutional carry, which allows individuals who can legally possess a firearm to carry a handgun openly or concealed without a state permit. The requirements and restrictions for firearm possession and carry vary from state to state, with some states having more stringent regulations than others. This variation in state laws has led to legal challenges, with organizations like the Firearms Policy Coalition suing states for what they deem to be unconstitutional restrictions on the Second Amendment right to bear arms. The topic of pistol permits, particularly for possession within one's home, remains a complex and evolving issue in the United States.
| Characteristics | Values |
|---|---|
| Constitutional carry | State law does not prohibit citizens who can legally possess a firearm from carrying handguns openly and/or in a concealed manner, thus no state permit is required. |
| Permitless carry | Includes constitutional carry states and states where an individual must meet certain qualifications, e.g., no DUIs in the last 10 years, to legally carry. |
| Unrestricted carry | No permit is required for open or concealed carry. |
| Premises license | Authorizes the license holder to possess a firearm at a certain location such as their home or place of business. |
| Concealed carry license | Authorizes the license holder to carry a pistol or revolver on their person. |
| Eligibility certificate to purchase a pistol or revolver | Can buy handguns, long guns, unfinished lowers/receivers, ammunition, and magazines. |
| Eligibility certificate to purchase long guns | Can buy long guns, ammunition, and magazines. |
| Ammunition certificate | Can buy ammunition and magazines. |
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What You'll Learn
Constitutional carry, permitless carry, and unrestricted carry
The terms "constitutional carry", "permitless carry", and "unrestricted carry" are often used interchangeably, but their definitions do differ.
Constitutional Carry
Constitutional carry means that the 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. Sometimes, constitutional carry may be conditional, such as in those states that have no laws prohibiting the open carry of a handgun but require a permit to carry the handgun concealed. As of 2025, there are 29 constitutional carry states, with Alaska being the first to pass it in 2003.
Permitless Carry
Permitless carry includes constitutional carry states as well as states where an individual must meet certain qualifications, e.g. no DUIs in the last 5 or 10 years, in order to legally carry. Some states are fully unrestricted, meaning no permit is required for open or concealed carry. In 2022, four states—Alabama, Ohio, Indiana, and Georgia—passed constitutional carry or permitless carry laws, and in 2024, Louisiana and South Carolina became the 28th and 29th states to do so.
Unrestricted Carry
Unrestricted carry is similar to permitless carry, in that no permit is required to carry a firearm. However, unrestricted carry implies that there are no other qualifications or conditions that need to be met, whereas, in some states, permitless carry requires certain qualifications to be met.
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The legality of pistol possession in the home
The legality of pistol possession within the home in the United States is dependent on several factors, including the state in which one resides, the type of firearm, and the individual's circumstances.
In some states, such as New York, an individual is required to obtain a license to possess a pistol or revolver, even within their own home. The two main types of licenses in New York are the "have and possess" license, commonly known as a "premises license," and the "have and carry concealed" license, or "concealed carry license." The former authorizes an individual to possess a firearm at a specified location, such as their home or place of business, while the latter permits carrying a concealed pistol or revolver on one's person outside of their home.
On the other hand, some states have what is known as "constitutional carry," "permitless carry," or "unrestricted carry" laws, which allow individuals who can legally possess a firearm to carry handguns openly or in a concealed manner without a state permit. However, these laws can vary, with some states having conditional requirements, such as no DUIs in a specified time frame. Additionally, certain states may have unrestricted carry laws, meaning no permit is required for open or concealed carry.
It is important to note that even in states with more lenient firearm laws, there may be restrictions on purchasing firearms. For example, in Connecticut, while no permit is required to possess a gun within one's home, an individual must obtain an Eligibility Certificate to Purchase a Pistol or Revolver to legally buy handguns, long guns, ammunition, and magazines.
The legality of pistol possession within the home is a complex issue that varies across different states. It is crucial for individuals to stay informed about the specific laws and regulations in their state to ensure compliance with firearm-related legislation.
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Concealed carry licenses
In the United States, the right to own a pistol or revolver inside one's home is constitutionally protected, but a license or permit is typically required to do so. The specific requirements and terminology for these licenses vary by state. For example, in New York, the two most common types of licenses are a license to "have and possess" and a license to "have and carry concealed". A "have and possess" license, also known as a "premises license", authorises an individual to possess a firearm at a specific location, such as their home or place of business. On the other hand, a "have and carry concealed" license, or "concealed carry license", allows an individual to carry a pistol or revolver on their person outside of their home or place of business.
To obtain a concealed carry license in New York, individuals must meet certain requirements, including completing a firearms safety training course and disclosing information about their spouse, domestic partner, and any other adults residing in their home. Similar requirements are in place in other states, such as Georgia, where applicants for a Weapons Carry License (WCL) must be U.S. citizens or legal residents, have no felony or drug convictions, and not have been in a mental hospital or drug treatment centre within the last five years.
Some states, such as North Dakota, have permitless carry laws, which allow individuals to carry a concealed weapon without a permit as long as they meet certain qualifications, such as not being a felon or having a conviction for domestic abuse. These laws often apply to both residents and non-residents of the state. However, it's important to note that even in states with permitless carry laws, there may be restrictions on carrying a firearm in certain locations, such as schools, government buildings, or other sensitive areas.
While the specific requirements and terminology may vary by state, the overall concept of a "concealed carry license" allows individuals to carry a firearm on their person, typically with certain restrictions and qualifications in place to ensure public safety.
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State-specific laws
Some states have a provision in their constitutions similar to the Second Amendment, protecting the right to keep and bear arms. These states include Vermont, Wisconsin, and Florida. Vermont's Burlington Gun-Free Zone Bill, for example, aims to preserve the right of law-abiding individuals to purchase, possess, and use firearms for legitimate purposes. Wisconsin's state constitution guarantees the right to keep and bear arms for security, defence, hunting, recreation, or any other lawful purpose. In Florida, there is a mandatory three-day waiting period for the purchase of handguns, and holders of a concealed weapon permit are exempt from certain provisions.
On the other hand, some states do not have such provisions, including California, Maryland, Minnesota, New Jersey, and New York. New York, for instance, requires a license to possess a pistol or revolver, and has a premises license that authorises the possession of a firearm at a certain location, such as one's home or place of business. New York also prohibits the carrying of firearms in sensitive locations like homeless shelters, schools, colleges, universities, and public areas during events or protests.
Some states have constitutional carry laws, where the state law does not prohibit citizens who can legally possess a firearms from carrying handguns openly or in a concealed manner, thus not requiring a state permit. These states include Tennessee, which previously prohibited 18- to 20-year-olds from carrying a concealed firearm in public but was challenged and changed in 2023. North Dakota also has permitless carry laws, allowing non-residents to concealed carry without a permit.
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Requirements to obtain a pistol
The requirements to obtain a pistol permit vary across different states in the US. Here is a summary of the requirements for Connecticut and New York:
Connecticut State Pistol Permit:
To obtain a pistol permit in Connecticut, an individual must be at least 21 years old and a legal resident of the state. They must also complete a handgun safety course that includes live fire training. The NRA's "Basic Pistol Course" is the minimum standard for this requirement.
The application process involves submitting the relevant paperwork, which can be obtained from a local police department, city or town hall, or the first selectman's office for a local permit. For a state pistol permit, the paperwork can be obtained from permitting offices. The application fee is $70, and the permit is valid for five years.
In addition to the safety course, applicants must undergo a background investigation and criminal history check. They must also submit photographs and fingerprints. The issuing authority has 90 days to review the application and make a decision. If the application is denied, the authority must provide a written explanation for the denial.
New York State Pistol License:
In New York, individuals are required to have a license to possess a pistol or revolver. The two main types of licenses are the "have and possess" license, commonly known as a "premises license," and the "have and carry concealed" license, or "concealed carry license."
To obtain a New York State Pistol License, applicants must complete a firearms safety training course and undergo an in-person interview. The safety training course must be at least 16 hours long and include a two-hour live fire session.
Additionally, applicants must disclose information about their spouse or domestic partner and any other adults residing in their home, including adult children. After completing the application and its instructions, individuals must schedule an appointment with the relevant authority to be fingerprinted and interviewed.
It is important to note that New York has specific locations where carrying a firearm is prohibited, such as sensitive locations like schools, colleges, universities, shelters, and certain public areas.
Constitutional Carry and Permitless Carry:
Some states have laws that do not prohibit citizens who can legally possess firearms from carrying handguns openly or concealed, thus not requiring a state permit. These laws are known as "constitutional carry" or "permitless carry." However, some states with constitutional carry laws may require permits for specific conditions, such as carrying a concealed handgun.
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Frequently asked questions
Yes, you need a license to possess a pistol or revolver in New York State.
The two most common licenses for a pistol or revolver are a license to "have and possess" and a license to "have and carry concealed".
A "have and possess" license, commonly referred to as a premises license, authorizes the holder to possess a firearm at a certain location such as their home or place of business.
A "have and carry concealed" license, commonly referred to as a concealed carry license, authorizes the license holder to carry a pistol or revolver on their person.
No. You would need to obtain a concealed carry license to carry a concealed pistol or revolver outside your home.
