Omar Bennett
The right to bear arms is a contentious issue in the United States, with the Second Amendment being the subject of much debate. Constitutional carry, also known as unrestricted or permitless carry, refers to a set of state laws that do not prohibit citizens who can legally possess a firearm from carrying handguns openly or concealed without a state permit. While some states like Vermont, Arizona, and Alabama have adopted unrestricted carry laws, allowing residents to carry concealed weapons without a license, other states like Kentucky and Tennessee have more complex laws, with certain conditions and restrictions in place. Understanding the specific laws and requirements for concealed carry is essential, as they vary from state to state.
| Characteristics | Values |
|---|---|
| Definition | Constitutional carry means that the state's 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 as well as states where an individual must meet certain qualifications to legally carry. Some states are fully unrestricted, meaning no permit is required for open or concealed carry. |
| State Laws | Each state determines the requirements and any limitations on the carry of firearms. |
| Constitutional Carry States | Alabama, Alaska, Arizona, Arkansas, Florida (concealed carry only), Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, North Dakota, Tennessee, Vermont |
| Age Requirements | The minimum age requirement varies by state, e.g., 18 in North Dakota, 21 in Arizona, Louisiana, and Kentucky. |
| Other Restrictions | Some states, like Kentucky, restrict where you can carry a gun, e.g., schools, police stations, courthouses, daycare centers, and businesses that sell alcohol. |
| Out-of-State Carry | Carrying a concealed weapon in another state may require a license from that state and adherence to its laws. |
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What You'll Learn
Permitless carry
In March 2025, the North Carolina Senate passed a bill to allow gun owners to carry handguns without a permit. The bill, known as "Freedom to Carry NC", would make North Carolina the 30th state to allow constitutional carry. Under the current law, carrying a concealed handgun requires a permit from the local sheriff's office, as well as firearms safety training and a background check. The bill passed by the Senate, and another one advancing in the House, would remove the permit requirement and lower the legal age for carrying a concealed handgun from 21 to 18.
Kentucky is also a constitutional carry state, with no license necessary to carry a concealed weapon. However, licenses are still issued at the county level by the sheriff's office, and a Kentucky resident must be 21 years old to obtain a concealed weapons license. Kentucky's permitless carry laws do not apply out of state, and a CCDW license is required to carry a concealed weapon in other states.
While proponents of permitless carry argue that it eliminates an arbitrary and time-consuming process, opponents raise concerns about safety and argue that education and training are important for handling firearms responsibly.
Idaho's Constitutional Carry: What Does It Mean?
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State laws
Some states, like Kentucky, allow both open and concealed carry of firearms, including shotguns, rifles, and handguns. In Kentucky, a license is not necessary to carry a firearm, but they are issued at the county level by the sheriff's office. The minimum age to obtain a concealed weapons license in Kentucky is 21 years, and the law applies to knives, nightsticks, clubs, blackjacks, slapjacks, nunchaku, shuriken, and brass knuckles. Kentucky restricts where firearms can be carried, prohibiting them in schools, police stations, courthouses, daycare centers, and businesses that sell alcohol for consumption on the premises.
Other states, like Vermont, do not have any provision for issuing concealed-carry licenses, as none has ever been necessary or constitutionally allowed. Vermont residents wishing to carry handguns in other states must acquire a license from a state that is valid in their destination. Similarly, Alabama eliminated the requirement for a permit to carry a concealed pistol or a loaded pistol in a vehicle as of 2023. Arizona also removed the requirement for a permit for individuals 21 and older, provided they accurately answer a law enforcement officer if asked about carrying a concealed deadly weapon.
As of March 7, 2024, the following states are considered to have constitutional carry, either fully or for concealed carry only: Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Mississippi, Missouri, Montana, New Hampshire, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Utah, Vermont, West Virginia, and Wyoming.
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Age requirements
The age requirements for constitutional carry vary across different states in the US. While some states require individuals to be at least 21 years old to carry a concealed weapon without a permit, others have set the minimum age requirement at 18 years.
In Texas, for example, the law sets the age requirement to carry a gun at 21 years of age. However, a 2022 federal court case, Firearms Policy Coalition, Inc. et al. v. Steven McCraw, et al., challenged the restriction on 18- to 20-year-olds carrying firearms. The court ruled that individuals in this age group could not be prosecuted solely based on their age, and the Department of Public Safety (DPS) stated they would no longer deny applications for licenses to carry (LTCs) to those aged 18 to 20.
Similarly, Georgia's constitutional carry law, which took effect in 2022, allows residents and non-residents aged 21 and older to carry handguns, long guns, and other weapons openly or concealed in public without a permit. However, the law also permits those aged 18 to 20 to carry weapons with an out-of-state carry permit.
On the other hand, some states have set the minimum age requirement for constitutional carry at 18 years. For instance, North Dakota's House Bill 1169, which took effect in 2017, allows individuals aged 18 and older to carry concealed weapons without a license, as long as they have a state-issued photo ID, inform police about their handgun upon contact, and are not prohibited by law from possessing a firearm.
Additionally, it's worth noting that before the implementation of constitutional carry laws, many states had “shall-issue" policies, where permits were granted as long as the applicant met basic requirements, such as being over a certain age and not having a felony conviction.
As of 2024, there were 48 "shall-issue" states, and the shift towards constitutional carry laws aims to eliminate the need for permits altogether for eligible individuals.
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Training and familiarity
In states like Michigan, for instance, successful completion of a firearms training course is a legal requirement for concealed carry. These training programs cover various topics, including basic gun safety rules, how to safely manipulate the controls of different firearms, knowledge of ammunition, and the fundamentals of pistol shooting. Dry firing, which allows individuals to practice their draw stroke, grip, stance, and trigger control without live ammunition, is also an important aspect of training.
Familiarity with deadly force statutes and the legal considerations of defensive shooting is another critical component of training. Individuals must understand the potential civil liability and legal consequences of using a firearm in self-defence. In some states, such as Kentucky, a CCDW license can assist individuals in gaining training and familiarity with gun laws, making it easier to legally purchase weapons from licensed dealers.
While some states may have more relaxed requirements, it is important to note that even in constitutional carry or permitless carry states, individuals are still expected to adhere to applicable gun laws and safety regulations. Ultimately, ongoing training and familiarity with firearms are crucial for responsible concealed carry, regardless of the specific legal framework in each state.
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Concealed carry restrictions
The US Constitution allows citizens to carry a concealed firearm outside of their homes, and each state determines the requirements and limitations on the carry of firearms. Most states require a license to carry a concealed weapon, and some states are fully unrestricted, requiring no permit for open or concealed carry.
Constitutional carry means that the state's law does not prohibit citizens who can legally possess a firearm from carrying handguns openly or in a concealed manner, and thus no state permit is required. Some states are fully unrestricted, while others are partially unrestricted, where certain forms of concealed carry may be legal without a permit, but other forms of carry may require a permit. For example, some states have no laws prohibiting the open carry of a handgun but require a permit for concealed carry.
Some states that allow permitless concealed carry may impose restrictions on carrying concealed weapons in certain places and/or at certain times, such as special events or large public gatherings. Additionally, there are restrictions on carrying concealed weapons in certain locations, such as federal buildings, schools, and military installations, which have some of the most restrictive rules for the possession, transport, and carrying of personally-owned firearms.
While constitutional carry allows for the concealed carry of firearms, there are still restrictions in place, and it is important to be aware of the specific laws and regulations in each state.
Nebraska's Constitutional Carry: What Does the Law Allow?
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Frequently asked questions
Constitutional carry means that the state’s 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 as well as states where an individual must meet certain qualifications, e.g. no DUIs in the last 10 years, in order to legally carry. Some states are fully unrestricted, meaning no permit is required for open or concealed carry.
Some states that allow constitutional carry are Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, and Maine.
In Kentucky, a person must be over 21 and eligible to lawfully possess a firearm under state and federal law to carry a concealed deadly weapon.
Carry of concealed deadly weapons by residents visiting other states is governed by the laws of those other states. Only states that require no license for any person to carry a concealed weapon would allow out-of-state residents to carry concealed weapons without a license.
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