Simone Lawson
The Second Amendment of the US Constitution grants citizens the right to bear arms, but the laws surrounding gun ownership and usage vary from state to state. While some states, like Texas, have passed laws allowing residents and non-residents over the age of 21 to carry handguns, long guns, and other weapons openly or concealed without a permit, the minimum age for constitutional carry varies and is a subject of ongoing legal debate.
| Characteristics | Values |
|---|---|
| States allowing constitutional carry for 18-year-olds | Georgia, Iowa, Utah, Texas, Idaho, Tennessee, West Virginia, North Dakota, Louisiana |
| States that allow 18-year-olds to carry without a permit in their residence or fixed place of business | Texas, Idaho, California |
| States that allow 18-year-olds to carry with a permit | Arizona (for 19-year-olds and above who are active duty or honorably discharged military personnel), West Virginia |
| States that allow 18-year-olds to carry without a permit if engaged in "lawful outdoor activities" | Texas, Idaho, California |
| States that allow 18-year-olds to carry without a permit if on their parent or guardian's property or place of business with their permission | Texas, Idaho, California |
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The Second Amendment
In the United States, the interpretation and application of the Second Amendment vary across states, resulting in a complex legal landscape. As of 2025, 28 states have passed constitutional carry legislation, allowing residents and non-residents to carry firearms without a permit. However, the minimum age requirement for constitutional carry is a subject of ongoing legal challenges.
In Texas, a 2022 federal court case, Firearms Policy Coalition, Inc. et. al. v. Steven McCraw, et. al., challenged the state's age restriction of 21 years for carrying a firearm. The court ruled that individuals between 18 and 20 years old could not be prosecuted solely based on their age, effectively lowering the age requirement. Similarly, in Tennessee, a 2023 settlement in the case of Beeler v. Long reduced the legal age to carry a handgun and apply for a permit from 21 to 18, aligning with the state's constitutional carry law.
Other states, like Idaho, West Virginia, and Utah, have also expanded constitutional carry rights to include 18-year-olds. In 2019, Idaho lowered the age limit from 21 to 18, and West Virginia opened up the licensing process for 18 to 20-year-olds. Utah followed suit in 2021, allowing 18-year-olds to carry concealed weapons with a provisional permit or any out-of-state permit.
The argument for extending gun rights to 18-year-olds is often tied to the notion of political and civic rights. The 26th Amendment, which lowered the minimum voting age to 18, is cited as a precedent for granting firearm rights to individuals of the same age. Additionally, the argument that if an individual is old enough to serve in the military, they should be able to carry a firearm, resonates with many.
However, critics argue that setting the minimum age at 18 could lead to a slippery slope, with no clear justification for denying gun rights to younger individuals. They advocate for stricter gun control measures and caution against the potential dangers of arming teenagers.
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State-by-state basis
The constitutional right to carry firearms is generally presumed to apply to 18-year-olds, as 18 is the age of majority for most constitutional rights. However, the specific laws and regulations regarding constitutional carry, also known as permitless carry, vary from state to state.
In some states, such as Texas, the law sets the age requirement to carry a gun at 21 years of age. However, in 2022, a federal court case ruled that 18-to-20-year-olds may not be prosecuted based solely on their age, and the state no longer denies applications for licences to carry solely on the basis of age.
Other states, like Tennessee, have faced legal challenges for prohibiting 18-to-20-year-olds from carrying concealed firearms in public or obtaining a permit. In January 2023, an agreed order in federal court declared that these restrictions were unconstitutional and would no longer be enforced.
A few states, including Kansas, have established constitutional carry laws that allow individuals aged 18 and older to openly carry firearms without a permit. However, there may be specific requirements or restrictions in place, such as prohibiting firearm possession "with the intent to go armed".
Some states provide exceptions for individuals under 21, such as Georgia, which allows residents and non-residents between the ages of 18 and 20 to carry with any out-of-state carry permit. Utah also permits those aged 18-20 to carry concealed with a provisional permit or any out-of-state permit, or to open carry if the firearm is unloaded.
It is important to note that the laws and regulations regarding constitutional carry can vary significantly from state to state, and it is essential to refer to the specific laws in each state to understand the applicable age requirements and restrictions.
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Texas law
In 2023, a federal judge declared the age limit for carrying handguns in public unconstitutional, and the state stopped enforcing this restriction. This change was influenced by the Supreme Court's decision in New York State Rifle & Pistol Association v. Bruen, which caused several state gun control laws to be challenged or overturned. While Texas law still sets the minimum age to obtain a handgun license at 21, the DPS will now issue a license to carry to anyone 18 years of age or older.
It is important to note that while Texas law allows 18-year-olds to obtain a license to carry, federal law prohibits the sale of handguns to individuals under 21. Additionally, Texas law does not restrict the carrying of long guns such as rifles or shotguns. Texas law designates certain places as always off-limits for firearms, while property owners or those in control of a property may choose to allow or disallow guns on their premises.
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Tennessee law
In 2021, Tennessee passed a law allowing most adults 21 and older to carry a handgun openly or concealed without a permit. However, this law was challenged in court by gun rights groups, including the Firearms Policy Coalition, who argued that the age limit should be lower and that the current age range violates the U.S. Constitution's 2nd and 14th Amendments.
In January 2023, Tennessee Attorney General Jonathan Skrmetti proposed a settlement that would allow 18- to 20-year-olds to carry handguns publicly without a permit. The settlement was approved by the court on March 27, 2023, and as a result, the Tennessee Attorney General's office agreed not to prosecute those between 18 and 20 years old for carrying a handgun without a permit.
It is important to note that despite this settlement, there are still mixed opinions on the change in law. Some local attorneys and journalists have expressed concern about 18-year-olds carrying firearms without any training or maturity. Additionally, law enforcement officials in areas with high rates of gun violence, such as Memphis, have pointed out the potential negative impact of lowering the age limit.
While the settlement allows 18- to 20-year-olds to carry handguns without a permit, it is still a legally uncertain area. Carrying a gun in public as an 18- to 20-year-old in Tennessee may carry legal risks, and an encounter with law enforcement could potentially lead to arrest and criminal charges. Therefore, individuals in this age group are advised to wait until they are 21 to carry a handgun in public to avoid the risk of prosecution.
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The 26th Amendment
Before the 26th Amendment, states had the authority to set their own minimum voting ages, with a national standard of 21. The drive to lower the voting age to 18 gained momentum during the 1960s, influenced by young people's participation in the civil rights movement and other social and political change efforts. The Vietnam War also played a significant role, as young men between the ages of 18 and 21 were being drafted into the military, leading to the sentiment that if they were "old enough to fight, [they were] old enough to vote."
It is worth noting that the 26th Amendment has faced legal challenges over the years, including questions about its applicability to college students from out-of-town, its impact on other political institutions, and the validity of voter identification laws.
While the 26th Amendment addresses voting rights for 18-year-olds, the topic of constitutional carry for this age group is a separate issue. Constitutional carry refers to the right to carry a firearm without a license or permit. The specific laws regarding constitutional carry vary from state to state, with some states allowing it for those aged 18 and older, while others maintain a minimum age of 21.
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Frequently asked questions
Yes, Texas law allows 18-year-olds to carry a handgun without a license.
18-20-year-olds in Georgia can carry a firearm with an out-of-state carry permit.
18-20-year-olds in Utah can carry a firearm with a provisional permit or any out-of-state permit.
Yes, Iowa law allows residents and non-residents 18 and older to carry a firearm openly or concealed without a permit.
Yes, a federal judge approved an agreement in 2023 that lowered the age to carry a handgun in Tennessee to 18.
