Malcolm Rivera
The age requirement for constitutional carry varies across different states in the U.S. While some states require individuals to be 21 years or older to carry a firearm without a permit, others allow those aged 18 and above to do so. For instance, in Arizona, individuals who are 21 and older can carry a concealed weapon without a permit, while in Alabama, the minimum age for constitutional carry is 18. It's important to note that each state has its own laws regarding firearm possession and carry, and it's essential to be aware of the specific requirements and restrictions in each state.
| Characteristics | Values |
|---|---|
| Constitutional carry | The right to carry a gun without a permit |
| Permitless carry | The right to carry a gun without a permit, but with certain qualifications |
| Constitutional carry states | States that allow constitutional carry |
| Permitless carry states | States that allow permitless carry |
| Federal law | Individuals must be able to lawfully possess a handgun and meet state requirements |
| State laws | Each state determines the requirements and limitations on carrying firearms |
| Minimum age | Varies by state; some require 18, others require 21 |
| Training | Not required by the government, but individuals may seek training |
| Licensing | Not required in constitutional carry states |
| Restrictions | Some states restrict carry to residents or require open or concealed carry only |
| Accountability | Individuals are accountable for their actions and must act responsibly |
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What You'll Learn
State laws on constitutional carry
The laws on constitutional carry vary from state to state across the US. Constitutional carry grants individuals the right to carry a gun without a permit, but it does not exempt them from the responsibilities of firearms ownership. In other words, constitutional carry states do not prohibit individuals who can legally possess a firearm from carrying handguns, either openly or in a concealed manner.
Over half of the US states have embraced constitutional carry or permitless carry laws, with the majority passing such laws in the last decade. For instance, in 2022, Alabama, Ohio, Indiana and Georgia passed constitutional carry laws, becoming the 22nd, 23rd, 24th and 25th states to do so. Florida and Nebraska joined them in April 2023, becoming the 26th and 27th constitutional carry states. In 2024, Louisiana and South Carolina became the 28th and 29th states.
The minimum age requirement to carry a gun without a permit varies across states. For example, in Arizona, individuals must be 21 or older to carry a concealed weapon without a permit, whereas in North Dakota, individuals only need to be 18. Some states, such as Tennessee, have additional restrictions, such as prohibiting individuals with a DUI in the last five years from carrying a firearm without a permit.
It is important to note that state laws on constitutional carry are subject to change and individuals are responsible for staying up-to-date with the relevant laws in their state.
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The minimum age for constitutional carry
In North Dakota, for instance, the minimum age to carry a firearm without a permit is 18. This was made possible by House Bill 1169, which was signed into law by Governor Doug Burgum in 2017. Similarly, in Mississippi, the Mississippi Supreme Court clarified in 2013 that the state's Unlicensed Open Carry Bill allowed residents and non-residents aged 18 or older to carry firearms without a permit.
On the other hand, some states require individuals to be 21 or older to carry a firearm without a permit. These include Florida, which passed a permitless concealed carry bill in 2023, and Louisiana, which passed a similar bill in 2024. In Maine, individuals over 21 who are not prohibited from possessing firearms can carry a handgun concealed without a permit.
It is worth noting that the minimum age for constitutional carry has been a subject of debate and legal challenges in some states. For example, in Tennessee, the Firearms Policy Coalition (FPC) sued the state in 2021 for prohibiting 18- to 20-year-olds from carrying a concealed firearm in public or obtaining a permit. The FPC argued that these restrictions were unconstitutional, and in 2023, the state entered into an agreed order with the FPC, declaring that Tennessee's restrictions were indeed unconstitutional and would no longer be enforced.
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The right to bear arms
The Second Amendment to the U.S. Constitution 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."
The Supreme Court has established that the right to keep and bear arms is an individual right unrelated to one's status in a militia or involvement in the military. This means that, in the United States, citizens have the right to arm themselves for self-defence and other lawful purposes, and the government cannot interfere with that right. The Court's opinion is that the Second Amendment extends to all instruments that constitute bearable arms, even those that did not exist when the Amendment was enacted in 1789.
Some historians argue that the primary reason for the Second Amendment was to prevent the need for the United States to have a professional standing army. Others say that the citizens' right to bear arms served as a necessary check in case of a tyrannical government.
In the United States, the right to bear arms is protected by the Constitution and many state constitutions. Over half of the U.S. states have embraced constitutional carry or permitless carry, with the majority passing such laws in the last decade. In a constitutional carry state, there is no licensing or training required to legally carry a firearm, although some states have implemented certain policies that restrict the method of carry or who can carry. For example, some states require individuals to be 21 years old, others require individuals to be a resident of that state, and some only allow concealed or open carry.
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The requirements to carry a firearm
The Second Amendment of the United States Constitution grants citizens the right to bear arms. However, the requirements to carry a firearm vary across states. Over half of the US states have embraced constitutional carry or permitless carry, with the majority passing such laws in the last decade.
Constitutional Carry
Constitutional carry grants individuals the right to carry a gun without a permit. However, it does not exempt individuals from the responsibility of firearm ownership. It is important to note that each state may have specific requirements and limitations on the carry of firearms. For example, some states require individuals to be 21 years old, while others mandate that they be residents of that state. Additionally, certain states only allow concealed or open carry.
Permitless Carry
Permitless carry includes constitutional carry states and states where individuals must meet certain qualifications to legally carry a firearm. For instance, Tennessee does not permit individuals with a DUI in the last five years or two or more in the last ten years to carry a firearm without a permit.
State-Specific Requirements
Specific requirements for carrying a firearm differ across states. For example, California requires individuals to obtain a California Concealed Carry Weapons License (CCW) for concealed carry and prohibits the open carry of firearms. On the other hand, Texas repealed the requirement to have a license to carry a handgun in 2021, allowing constitutional carry.
It is important to note that carrying a firearm comes with significant responsibilities and individuals should ensure they receive proper training and are well-versed in relevant state gun laws to act responsibly and lawfully.
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Constitutional carry and the reduction of violent crime
The Second Amendment of the US Constitution grants citizens the right to bear arms. Constitutional carry refers to the ability to carry a firearm without government restrictions or the need for a permit. Over half of the US states have embraced constitutional carry or permitless carry laws, with 29 states allowing permitless concealed carry.
In April 2021, the Firearms Policy Coalition (FPC) filed a lawsuit against the state of Tennessee, challenging the constitutionality of prohibiting 18- to 20-year-olds from carrying a concealed firearm in public or obtaining a permit. On January 23, 2023, attorneys for Tennessee entered into an agreed order with the FPC in federal court, declaring that the state's restrictions were unconstitutional and would no longer be enforced.
Proponents of constitutional carry argue that it reduces violent crime rates. They suggest that more people carrying firearms can deter criminal activity and protect law-abiding citizens. Additionally, constitutional carry can reduce the financial burden on low-income individuals who wish to own a firearm for self-defense, as they no longer need to obtain a permit or undergo training. In the decade following the adoption of Constitutional Carry, the average violent crime rate decreased to 444.56 per 100,000. Ten of the sixteen states that passed constitutional carry legislation before 2022 have seen a decline in violent crime rates, with Alaska being the only state to experience a notable increase.
However, critics argue that weakening concealed carry requirements leads to rising violent crime rates. They contend that removing permitting systems makes it easier for almost anyone to carry a concealed handgun in public, increasing the likelihood of gun-related violence. Scientific research has found a positive correlation between the removal of concealed carry permitting systems and higher rates of gun homicides and violent crime. Additionally, law enforcement leaders have publicly opposed these laws, citing concerns for their safety and the challenges they pose to effective policing.
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Frequently asked questions
The minimum age to constitutional carry varies across different states. While some states require individuals to be 21 years old or older, others allow those aged 18 and above to carry a concealed weapon without a permit.
Yes, several states, including Arizona, Georgia, Kansas, and Louisiana, have laws that allow individuals 21 and older to carry a concealed weapon without a permit.
Yes, some states, such as Alabama, Florida, and North Dakota, permit individuals under 21 to carry a concealed weapon without a permit. The specific age requirements vary, with some states allowing those aged 18 and others requiring individuals to be 19 or 20.
Constitutional carry, also known as permitless carry, is the ability to carry a firearm without government restrictions. It grants individuals the right to carry a gun without needing a permit, but it does not exempt them from the responsibilities of firearms ownership.
