Malcolm Rivera
In the United States, the term constitutional carry refers to the ability to carry a firearm outside of the home for self-defence, without the need for a permit. While some states have adopted constitutional carry, the path towards constitutional carry in Pennsylvania has been met with resistance. Despite the passage of a bill in the General Assembly, Governor Tom Wolf vetoed Senate Bill 565 in December 2021, which would have made Pennsylvania the 22nd state to enact constitutional carry. However, the debate continues, with supporters of constitutional carry citing increased safety and Second Amendment rights, while opponents argue that it would lead to more gun-related crimes and suicides.
| Characteristics | Values |
|---|---|
| Constitutional carry in PA | Vetoed by Governor Tom Wolf in December 2021 |
| Gun rights advocates have long desired permitless concealed carry in Pennsylvania | |
| Governor Wolf stated that allowing permitless concealed carry would "exacerbate gun violence and jeopardize the safety of all Pennsylvanians" | |
| In 2021, a bill was passed in the legislature that would have made PA the 22nd state to enact permitless carry of a concealed firearm | |
| In 2021, the Firearms Policy Coalition sued the state of Tennessee for prohibiting 18-20-year-olds from carrying a concealed firearm | |
| In 2024, a judge ruled that it is illegal to carry a loaded firearm in a vehicle without a valid permit | |
| Pennsylvania LTCs are issued to residents and non-residents who are at least 21 years old | |
| Open carry is legal in PA for anyone 18 or older who is legally allowed to possess a firearm | |
| Article I, section 21 of the Pennsylvania State Constitution states: "The right of the citizens to bear arms in defense of themselves and the State shall not be questioned" | |
| The Supreme Court of Pennsylvania rejected a challenge to a statute prohibiting the carrying of concealed weapons in 1875 | |
| The Court held that the denial of an application to purchase a rifle due to a conviction was not a violation of article 1, section 21 in 2003 | |
| The Pennsylvania Supreme Court held that sometimes a visible firearm is a concealed firearm |
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What You'll Learn
- PA's 'Constitutional Carry' bill was vetoed by Governor Tom Wolf in December 2021
- The bill would have allowed permitless carry of a concealed firearm
- The governor's veto was based on safety concerns and the potential for increased gun violence
- Proponents of the bill argue that it would make society safer and that current research does not support the claim that it will lead to an increase in gun violence
- The Pennsylvania State Constitution states that the right of the citizens to bear arms in defense of themselves and the State shall not be questioned
PA's 'Constitutional Carry' bill was vetoed by Governor Tom Wolf in December 2021
In December 2021, Pennsylvania Governor Tom Wolf vetoed Senate Bill 565, also known as the "Constitutional Carry" bill. This bill, if passed, would have made Pennsylvania the 22nd state in the US to enact permitless carry of a concealed firearm. In other words, those who lawfully owned a handgun could carry it concealed without needing to apply for and obtain a concealed carry permit.
The bill's proponents argued that broad rights to self-defense with firearms, including personal carry, have been advocated since the revolutionary era by founders such as Alexander Hamilton. St. George Tucker, an influential attorney of the revolution era, stated that the right to bear arms was "without any qualifications as to their conditions or degree." Additionally, some supporters pointed to statistics showing that in states with constitutional carry, violent crime has decreased, and that even urban dwellers in these states support constitutional carry.
However, Governor Wolf stated that allowing permitless concealed carry would "exacerbate gun violence and jeopardize the safety of all Pennsylvanians." This safety concern is the primary argument of those who want gun owners to be required to have a state-approved permit to carry a concealed firearm. They believe that constitutional carry would cause problems with increases in gun-related crime or suicides in Pennsylvania.
Despite the passage of the bill in the General Assembly, it was expected that Governor Wolf would veto it. Wolf's spokeswoman, Elizabeth Rementer, said, "The governor will veto the measure when it reaches his desk. We do not have a timeframe on that at this time."
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The bill would have allowed permitless carry of a concealed firearm
The phrase "constitutional carry" refers to the Second Amendment's "right to bear arms." It means a resident does not need a state permit to carry a concealed weapon in that state. In other words, it allows for the permitless carry of a concealed firearm.
In the context of Pennsylvania, a bill for constitutional carry was passed by the legislature in 2021. However, it was vetoed by Governor Wolf. Despite this, the bill is not completely dead, and there is still interest in pursuing it. The bill would have allowed for the permitless carry of a concealed firearm in Pennsylvania, which is currently not permitted.
Currently, in Pennsylvania, there is no permit required to purchase firearms, and there is no comprehensive firearms registration. However, the state police maintain a database of all handgun buyers. Private-party transfers of handguns must go through a licensed dealer or a county sheriff's office, and a background check is required. Open carry is legal in Pennsylvania for anyone 18 or older who is legally allowed to possess a firearm. However, there is some uncertainty about the definition of open carry due to a Pennsylvania Supreme Court decision in Commonwealth of Pennsylvania v. Darren Montgomery, which held that sometimes a visible firearm could be considered a concealed firearm.
The debate around constitutional carry is ongoing, with some arguing that it increases public safety by deterring criminals and allowing for a faster response to shootings. On the other hand, opponents argue that it could lead to an increase in gun-related crimes and suicides. The impact of constitutional carry on violent crime rates is also contested, with some claiming that it leads to a decrease in violent crime, while others argue that removing concealed carry permitting requirements is associated with an increase in firearm violent crime rates.
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The governor's veto was based on safety concerns and the potential for increased gun violence
In December 2021, Pennsylvania Governor Tom Wolf vetoed Senate Bill 565, which would have made Pennsylvania the 22nd state to enact permitless carry of a concealed firearm, or "constitutional carry". This bill, if passed, would have allowed those who lawfully own a handgun to carry it concealed without needing to apply for a concealed carry permit.
Governor Wolf's veto was based on safety concerns and the potential for increased gun violence. In justifying his veto, Wolf stated that allowing permitless concealed carry would “exacerbate gun violence and jeopardize the safety of all Pennsylvanians". This safety concern is the primary argument of those pushing for gun owners to be required to have a state-approved permit to carry a concealed firearm. Adam Garber, the executive director of CeaseFire PA, agreed with this stance, stating that the bill's passage would cause problems with increases in gun-related crime or suicides in Pennsylvania. He also argued that "simple incidences are more likely to turn violent".
However, others have disputed the claim that constitutional carry would lead to an increase in gun violence. Before purchasing a firearm, gun owners are typically subjected to a thorough background check, either through a sale at an FFL dealer or via a private sale completed at an FFL dealer. Additionally, studies by Professor Clayton E. Cramer at the College of Western Idaho and Professor Alexander McCourt, an Assistant Scientist at Johns Hopkins Bloomberg School of Public Health, found no significant change in murder rates in states with constitutional carry. In fact, Professor McCourt's larger study showed a statistically significant lower level of assault and robbery offenses committed with firearms in these states.
Furthermore, Stolfer of Firearms Owners Against Crime (FOAC) argued that the four safest states in the country—Vermont, Maine, Utah, and Wyoming—all have permitless concealed carry. He also claimed that the statistics cited by gun safety groups are skewed and cherry-picked, and that violent crime has actually decreased in states with constitutional carry. Despite these arguments, Governor Wolf's veto of the bill suggests that the potential risks of increased gun violence and safety concerns outweigh these points, at least in the eyes of the governor and those who share his viewpoint.
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Proponents of the bill argue that it would make society safer and that current research does not support the claim that it will lead to an increase in gun violence
In 2021, a bill for permitless concealed carry, also known as 'constitutional carry', was passed by the Pennsylvania legislature. However, it was vetoed by Governor Wolf, with his spokeswoman, Elizabeth Rementer, stating that the governor would "veto the measure when it reaches his desk". Despite this, the bill is not completely dead in the water, as it still has support from gun rights advocates and certain members of law enforcement.
Proponents of the bill, such as Stolfer of the Firearms Owners Against Crime (FOAC), argue that constitutional carry would make society safer. Stolfer points to statistics showing that in states where constitutional carry has been passed, violent crime has decreased. He also notes that the four safest states in the country—Vermont, Maine, Utah, and Wyoming—all have permitless concealed carry laws. Additionally, since Ohio became the 23rd state to legalize constitutional carry in 2022, data has shown that six of the state's eight largest cities saw a decrease in gun crime. This trend was also observed in other major cities in the state, except for Cincinnati and Dayton.
However, opponents of the bill, including Columbus Mayor Andrew Ginther and the Ohio Democrat Party, argue that it would lead to a rise in gun violence. They believe that allowing more individuals to carry concealed firearms in public increases the risk of inappropriate use of firearms in interpersonal conflicts or other situations. This concern is supported by research from the Johns Hopkins Bloomberg School of Public Health, which found that states that relaxed restrictions on concealed carry permits experienced a significant increase in firearm assaults. Specifically, the study showed that moving to less restrictive laws was associated with a 24% increase in the rate of assaults with firearms when individuals with a history of violent misdemeanours were eligible to obtain concealed-carry licenses.
While the debate over constitutional carry continues, it is important to consider the potential impacts on public safety and to examine a range of data and research when forming policies that affect the well-being of citizens.
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The Pennsylvania State Constitution states that the right of the citizens to bear arms in defense of themselves and the State shall not be questioned
The Second Amendment of the United States Constitution protects the right of citizens to keep and bear arms. However, this right is not absolute and is subject to certain restrictions and regulations. The specific regulations and interpretations of this right vary from state to state.
In the context of Pennsylvania, Article I, Section 21 of the Pennsylvania State Constitution states, "The right of the citizens to bear arms in defense of themselves and the State shall not be questioned." This provision protects the right of Pennsylvanians to bear arms for self-defense and the defense of the state.
While the Pennsylvania Constitution guarantees the right to bear arms, it is not without limitations. The Supreme Court of Pennsylvania has ruled that this right is not unlimited and can be regulated by the state. For example, in the case of Wright v. Commonwealth in 1875, the court rejected a challenge to a statute prohibiting the carrying of concealed weapons, holding that the defendant had no protection under the state constitution. Similarly, in Lehman v. Pennsylvania State Police, the court upheld the denial of an application to purchase a rifle due to a prior larceny conviction, stating that while the right to bear arms enjoys constitutional protection, it is not beyond regulation.
Pennsylvania's lower courts have also consistently upheld restrictions on the right to bear arms. In cases such as Minich v. County of Jefferson and Morley v. City of Philadelphia Licenses & Inspections Unit, the courts affirmed that the right to bear arms may be restricted for the good order of society and the protection of citizens. Additionally, in Gardner v. Jenkins and R.H.S. v. Allegheny County Dep't of Human Servs., the courts noted that the right to bear arms is not unlimited and may be restricted through the exercise of police power.
In recent years, there has been a push for "constitutional carry" or "permitless carry" in Pennsylvania, which would eliminate the requirement for a permit to carry a concealed firearm. While a bill supporting this measure passed the legislature, it was vetoed by Governor Wolf in 2021. Proponents of constitutional carry argue that it would make society safer, while opponents raise concerns about potential increases in gun-related crimes and suicides. As of 2024, Pennsylvania requires a License to Carry Firearms (LTC) or a permit/license from a state with reciprocity for open or concealed carry in a vehicle and to openly carry a firearm.
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Frequently asked questions
No, in December 2021, Pennsylvania Governor Tom Wolf vetoed Senate Bill 565, which would have made Pennsylvania the 22nd state to enact constitutional carry.
The bill would have allowed people who lawfully own a handgun to carry it concealed without needing to apply for a permit.
It is unclear what will happen next. Some sources say that the bill is likely headed for its demise, while others say that with the race for governor heating up in Pennsylvania, the topic will likely come up again in the legislature and potentially the courts.
