Simone Lawson
In the United States, the term constitutional carry, also called permitless carry, unrestricted carry, or Vermont carry, refers to the legal public carrying of a handgun, either openly or concealed, without a license or permit. The scope and applicability of constitutional carry vary by state. Some states with unrestricted carry have implemented certain policies that restrict the method of carry or who can carry. Some require you to be 21, others require you to be a resident of that state, and others only allow concealed or open carry. For example, in Texas, non-residents can carry a gun as long as they meet the eligibility requirements and have a non-resident license to carry (LTC) permit. On the other hand, states like Georgia have removed the residency requirement for out-of-state permit holders, allowing both residents and non-residents to carry handguns, long guns, and other weapons.
Characteristics of Constitutional Carry
| Characteristics | Values |
|---|---|
| Definition | The ability to carry a firearm without government restrictions in place. |
| Other Names | Permitless carry, unrestricted carry, or Vermont carry |
| Applicability | The scope and applicability of constitutional carry vary by state. |
| Requirements | Each state determines the requirements and limitations on the carry of firearms. Some states require individuals to be 21 or older, while others require residency or only allow concealed or open carry. |
| Licensing | Some states have no licensing requirements, while others issue licenses on a shall-issue basis for inter-state reciprocity. |
| Training | There is no government-required training to carry a weapon, but individuals can seek training to know how to use a firearm. |
| Impact | There has been no reported increase in violence or firearms accidents in states that have adopted Constitutional carry. |
| States with Constitutional Carry Laws | Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, West Virginia, Wyoming |
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What You'll Learn
Constitutional carry in Texas
Texas has some of the most permissive gun laws in the United States. In 2021, Texas law changed to eliminate the requirement to have a License to Carry (LTC) to carry a handgun in most public places. Texans can still obtain an LTC if they wish, and it may bring benefits such as allowing the licensee to carry in states with reciprocity agreements with Texas.
The new law, HB 1927, also known as the Firearm Carry Act of 2021 or the constitutional carry bill, was signed by Governor Greg Abbott on June 16, 2021. It allows legally eligible gun owners aged 21 and over to carry their firearms without an LTC. The law came into effect on September 1, 2021. Texans under the age of 21 may also carry a firearm without an LTC, following a 2022 federal court case that ruled that Texas may not prosecute 18-20-year-olds based solely on their age.
There are still some restrictions on who can carry a firearm in Texas. For example, you cannot have been convicted of certain misdemeanour crimes in the last five years, and you must not be restricted from possessing a firearm under federal law. Texas residency is not required to carry a firearm in the state. Non-residents can carry a gun in Texas as long as they meet the eligibility requirements and are legally permitted to own a firearm. They can also apply for a Texas non-resident LTC, which requires them to be a legal resident of another state or planning to establish residency in Texas.
West Virginia Passes Constitutional Carry: What You Need to Know
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Georgia's SB319
In 2022, Georgia implemented "permitless carry" legislation, which eliminated the need for a license to carry a concealed firearm in public spaces. This means that Georgia residents and non-residents alike can carry handguns openly or concealed in most public spaces without a background check or permit. However, there are still some restrictions in place. For instance, open carry is not addressed in the constitutional carry bill, and some areas like schools and courthouses are off-limits.
- Removal of the Requirement for a Weapons Carry License: SB319 eliminated the need for a weapons carry license to possess or carry a handgun or long gun in most public places. The only exceptions are certain prohibited locations like government buildings and schools.
- Revision of Laws for Carrying Firearms in Recreational Areas: The bill modified the regulations around carrying firearms in parks, wildlife management areas, and other recreational spaces to align with the new "lawful weapons carrier" framework.
- Modification of Firearm-Related Definitions: It also included changes to the definition of "handgun" and other firearm-related terms in the law.
According to Georgia law, a "lawful weapons carrier" is defined as:
- A person who is licensed or eligible for a license under existing law.
- Out-of-state residents who would be eligible for a Georgia license but for the residency requirement.
- Individuals licensed to carry a weapon in any other state.
It is important to note that Georgia is a "shall-issue" state, and concealed weapons licenses are issued at the county level through the probate court in the county of residence. Additionally, Georgia is a Castle Doctrine state with a "stand your ground" statute, which means there is no duty to retreat in defence of a forcible felony.
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Kansas's unrestricted carry laws
In the United States, the term "constitutional carry", also called "permitless carry", "unrestricted carry", or "Vermont carry", refers to the legal public carrying of a handgun, either openly or concealed, without a license or permit. The phrase "constitutional carry" reflects the idea that the Second Amendment to the U.S. Constitution does not allow restrictions on gun rights, including the right to carry or bear arms.
Kansas is one of the states in the U.S. that has fairly lax state laws for gun ownership. It adopted a permitless carry law in 2015, allowing any gun owner who is 21 or older to carry a concealed firearm on or about their person without a permit. They must be law-abiding and cannot fall into a prohibited category. The state also does not have laws against open carrying firearms.
Kansas issues licenses to carry concealed handguns on a shall-issue basis, and will continue to do so to allow Kansas residents to carry in other states that accept Kansas concealed carry permits. The state also offers resident and non-resident (active-duty military personnel and their dependents stationed in Kansas) licenses. Non-residents 18 to 20 may carry concealed but are still required to hold a valid concealed carry permit.
The state allows banning firearms in certain locations, such as the capitol buildings in Topeka, the governor's home or grounds, any county courthouse, and any state-owned or leased buildings with conspicuous signs saying guns are prohibited. Firearms are also banned in public-owned medical care facilities, indigent health care clinics, adult care homes, and community mental health centers.
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Alabama's House Bill 272
The bill also addresses the Local Government Pistol Permit Revenue Loss Fund and establishes penalties for violations. Specifically, it repeals Sections 13A-11-55 and 13A-11-73 of Alabama's code, which previously imposed restrictions on carrying firearms in vehicles.
The bill passed the House on February 22, 2022, and the Senate on March 3, 2022. It was a partisan bill, with a 1-0 split among Republicans in favour of the bill. On March 10, 2022, it was forwarded to the Governor and signed into law.
The bill's progression through the legislature included several motions and roll call votes. For example, on March 3, 2022, there was a Stringer motion to Non Concur and Appoint a Conference Committee, which was adopted with a roll call vote of 507 (Y: 71, N: 13, NV: 16, Abs: 3). On March 9, 2022, the House passed the bill with a roll call vote of 577 (Y: 70, N: 29, NV: 2, Abs: 2). The Senate also passed the bill on the same day with a roll call vote of 555 (Y: 24, N: 6, NV: 0, Abs: 5).
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Arizona's Senate Bill 1108
In addition to Senate Bill 1108, there is another piece of legislation in Arizona with the same designation, SB 1108, that was passed in 2010. This bill, also known as the Arizona Constitutional Carry law, removed the licensure requirement for law-abiding citizens who wish to carry a concealed firearm within the state. This bill was backed by the National Rifle Association (NRA) and was seen as a victory for gun owners in Arizona, making it the third state in the nation to offer a constitutional carry option to its residents.
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Frequently asked questions
In the United States, constitutional carry, also called permitless carry, unrestricted carry, or Vermont carry, refers to the legal public carrying of a handgun, either openly or concealed, without a license or permit. The scope and applicability of constitutional carry may vary by state.
It depends on the state. Some states, like Texas, allow non-residents to carry a gun as long as they meet the eligibility requirements and are legally permitted to own a firearm. Some states also offer non-residents the option of applying for a non-resident license to carry (LTC) permit. However, other states, like North Dakota, have constitutional carry laws that only apply to residents.
The requirements for constitutional carry vary by state. Some states require individuals to be 21 years old or older, while others set the minimum age at 18. Additionally, individuals must be legally able to carry and purchase a gun and not be legally prohibited from owning or carrying firearms. In some states, certain misdemeanor crimes or prior convictions may prevent individuals from carrying under constitutional carry laws.
