Isabella Carter
Constitutional carry is a term used by gun-rights advocates to describe the freedom to carry a firearm, openly or concealed, without government licensing, registration, or training. In the past two decades, more than 50% of U.S. states have passed laws allowing for constitutional carry or permitless carry. The movement represents a massive erosion of public safety and responsibility for critics and a restoration of rights as the founding fathers understood them for advocates.
| Characteristics | Values |
|---|---|
| Definition | The freedom to carry a firearm, openly or concealed, anytime or anyplace, without government licensing, registration, or training |
| Synonyms | Unrestricted, Permitless Carry, Vermont Carry |
| States that allow constitutional carry | Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Mississippi, Missouri, Montana, New Hampshire, New Mexico, North Dakota, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Utah, Vermont, Wisconsin, West Virginia |
| States that introduced constitutional carry in 2022 | Alabama, Ohio, Indiana, Georgia |
| States that introduced constitutional carry in 2023 | Florida, Nebraska |
| States that introduced constitutional carry in 2024 | Louisiana, South Carolina |
| States that introduced constitutional carry in 2025 | North Carolina |
| Minimum age requirement | 18 (North Dakota), 21 (Utah), 21 (Louisiana) |
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What You'll Learn
- Open carry without a permit is permitted in some states, such as Wisconsin, for those over 18
- In 2022, four states passed constitutional carry laws, with Nebraska following in 2023
- The Second Amendment's interpretation has evolved, with the Founding Fathers' intent being debated
- The NRA has supported constitutional carry laws, but in some states, local activists are against it
- Supreme Court decisions have reshaped the landscape for concealed carry laws nationwide
Open carry without a permit is permitted in some states, such as Wisconsin, for those over 18
Open carry without a permit is permitted in some US states, such as Wisconsin, for those over 18. This means that anyone over the age of 18 can carry a firearm, openly or concealed, without a government license, registration, or training. This is known as "constitutional carry", a term used by gun-rights advocates to describe the freedom to carry a firearm without legal restrictions.
The movement for constitutional carry has gained momentum in recent years, with a growing number of states rolling back longstanding licensing, training, and registration requirements for carriers of concealed weapons. As of 2023, Nebraska became the 27th state to pass a constitutional carry bill, allowing people to carry handguns openly or concealed without a permit. Other states that have joined the club include New Hampshire, Utah, and North Dakota.
While the push for constitutional carry comes largely from grassroots, state-level gun activists, it has also received support from organisations like the NRA. However, it is important to note that the movement is not without opposition. Gun-violence watchdogs argue that the easing of gun laws represents a significant threat to public safety and responsibility.
In Wisconsin, open carry is legal for anyone over the age of 18 who is not prohibited from possessing a firearm under state and federal laws. A permit is required, however, when open-carrying a loaded handgun in a vehicle, as the Wisconsin Supreme Court ruled that carrying a loaded handgun "within reach" falls under the Concealed Carry Act. Additionally, Wisconsin honours permits from states with reciprocity agreements and those that require comparable background checks to Wisconsin.
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In 2022, four states passed constitutional carry laws, with Nebraska following in 2023
In 2022, four states—Alabama, Ohio, Indiana, and Georgia—passed constitutional carry laws, bringing the total number of states with such laws to 25. The following year, Nebraska became the 27th state to pass a constitutional carry bill, allowing individuals to carry handguns openly or concealed without a permit.
Constitutional carry, also known as unrestricted or permitless carry, refers to the freedom to carry a firearm openly or concealed without government licensing, registration, or training. This legislative philosophy has gained traction in recent years, with 10 states rolling back longstanding requirements for carriers of concealed weapons. Proponents of constitutional carry argue that it is a restoration of rights as the founding fathers understood them, while critics argue that it erodes public safety and responsibility.
The push for constitutional carry has largely come from grassroots, state-level gun activists, and it has resulted in a legislative push across many parts of the United States. States with stringent gun control measures are re-evaluating their policies to ensure compliance with Supreme Court mandates, such as the New York State Rifle & Pistol Association v. Bruen ruling, which abolished may-issue permits.
While the expansion of constitutional carry has sparked debates about balancing public safety with individual rights, it has also led to a reexamination of gun laws and reinforced individual rights. The interpretation of the Second Amendment, which guarantees the right to keep and bear arms, has evolved significantly, and it continues to shape the landscape of gun legislation and court decisions.
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The Second Amendment's interpretation has evolved, with the Founding Fathers' intent being debated
The Second Amendment of the US Constitution, which protects the right to keep and bear arms, has been the subject of much debate and evolving interpretation since its ratification. 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."
While some interpret the Second Amendment as guaranteeing an individual's right to own and carry firearms, others argue that it only applies to militia organizations like the National Guard. The text of the amendment, with its reference to a "well-regulated Militia," suggests that the Founding Fathers intended for there to be some form of regulation of firearms. Indeed, during the Founding era, there were laws in place to ensure an effective militia, such as mandatory musters for armed citizens and inspections of their weapons. Governments also compiled registries of civilian-owned guns suitable for militia service.
However, proponents of the "constitutional carry" movement argue that the Founding Fathers intended for citizens to have the right to carry firearms anywhere, without government licensing, registration, or training. They see the push for constitutional carry as a restoration of rights, not an expansion. This movement has gained significant traction in recent years, with multiple states passing legislation allowing for permitless carry of firearms, both openly and concealed. As of 2023, Nebraska is the 27th state to pass such a bill.
The interpretation of the Second Amendment has also evolved to include a self-defense doctrine, which was not originally emphasized. Additionally, there is a lost interpretation that suggests the Second Amendment was meant to protect the ability to rebel against the government as a fundamental right, reflecting the fact that America was founded through a violent revolution. This interpretation highlights a deeper principle of revolution and insurgency, which seems at odds with the peaceful, orderly society that the government strives for today.
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The NRA has supported constitutional carry laws, but in some states, local activists are against it
The NRA has supported constitutional carry laws, but in some states, local activists are against them. Constitutional carry is a term used by gun-rights advocates to describe the freedom to carry a firearm, openly or concealed, at any time or in any place, without government licensing, registration, or training. The NRA has been happy to push for the passage of constitutional carry laws in its press releases and blog posts. However, in at least one state, Tennessee, local Second Amendment activists are frustrated that the NRA gave political cover and campaign endorsements to three Republicans who helped block a constitutional carry bill in committee.
Constitutional carry laws have been the subject of debate and legislative efforts in various states across the United States. As of 2025, there are 29 states that allow constitutional carry or permitless carry, with the most recent states to pass such laws being Louisiana and South Carolina in 2024. The movement towards constitutional carry represents a significant shift in gun regulations, and it has been fueled by grassroots, state-level gun activists who are often moving faster than the NRA.
The push for constitutional carry is driven by the belief that the Second Amendment grants individuals the right to carry firearms without restrictions. This interpretation of the Second Amendment has evolved significantly, and it has led to numerous legal battles across the country. The Supreme Court's District of Columbia v. Heller decision recognized an individual's right to keep and bear arms for self-defence within the home, further influencing the push for constitutional carry.
However, the expansion of constitutional carry laws has also raised concerns about public safety and the erosion of gun control measures. Gun-violence watchdogs view the movement as a threat to public safety, while proponents argue that it restores the rights as intended by the founding fathers. The debate surrounding constitutional carry laws highlights the ongoing tension between individual rights and public safety concerns in the context of gun regulations.
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Supreme Court decisions have reshaped the landscape for concealed carry laws nationwide
The Second Amendment of the US Constitution grants citizens the right to "keep and bear arms". However, the interpretation of this right and how it applies to carrying concealed weapons has been a matter of debate and litigation. Over the years, Supreme Court decisions have significantly reshaped the landscape for concealed carry laws across the nation.
In the 2008 District of Columbia v. Heller case, the Supreme Court affirmed an individual's right to possess a handgun in the home for self-defense under the Second Amendment. This decision set a precedent for future rulings on gun ownership and concealed carry laws. Subsequently, in McDonald v. Chicago (2010), the Court extended the Heller decision to states and local governments, striking down Chicago's handgun ban and affirming the right to keep and bear arms at the state and local levels.
One of the most significant Supreme Court rulings related to concealed carry laws was the 2022 case of New York State Rifle & Pistol Association, Inc. v. Bruen (NYSRPA v. Bruen). In this case, the Court struck down New York's law requiring individuals to demonstrate a "proper cause" or a specific need for carrying a concealed weapon in public. The Court ruled that this requirement violated the Second Amendment right to "keep and bear arms" and that the Constitution protects "an individual's right to carry a handgun for self-defense outside the home." This decision had a significant impact on gun laws across the nation, as several other states, including California, Hawaii, and Massachusetts, had similar laws that were expected to be challenged.
Following the NYSRPA v. Bruen decision, all states in the US were required to allow for the concealed carry of handguns, either without a permit or with a permit, depending on the jurisdiction. This ruling led to a wave of legislative changes across the country, with many states introducing and passing "constitutional carry" bills that allow individuals to carry guns without a permit. As of 2023, 27 states have passed constitutional carry laws, representing a significant shift in the landscape of gun laws and a victory for gun-rights advocates.
While the Supreme Court decisions have expanded gun rights, they have also sparked concerns about public safety and gun violence. Gun-violence watchdogs argue that the ease of carrying guns without permits or proper training poses a significant risk to communities. On the other hand, gun-rights advocates celebrate these rulings as a restoration of rights as intended by the founding fathers. The conflicting evidence and interpretations of the Second Amendment continue to shape the ongoing debate surrounding gun laws and public safety in the United States.
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Frequently asked questions
Constitutional carry is the term gun-rights advocates use to describe the freedom to carry a firearm, openly or concealed, without government licensing, registration, or training.
As of April 2023, 27 states have passed constitutional carry bills, with Louisiana and South Carolina becoming the 28th and 29th states in 2024.
Each state determines the requirements and any limitations on the carry of firearms. For example, in North Dakota, individuals carrying a concealed weapon without a license must carry a form of state-issued photo ID, inform police about their handgun upon contact, and meet the minimum age requirement of 18.
