Jonah Patel
The constitutional carry of a handgun, or carrying a firearm without a government permit, is a highly debated topic in the United States. While the Second Amendment's right to bear arms protects an individual's right to carry a firearm, the specific regulations and requirements for carrying a concealed weapon vary from state to state. Some states, like Vermont, have historically had more relaxed laws, while others have enacted concealed carry bans or permit requirements. In recent years, there has been a push for constitutional carry, which eliminates the need for a state permit to carry a concealed weapon. This movement has gained traction, with an increasing number of states adopting such laws and extending them to both residents and non-residents who meet the minimum age requirement.
| Characteristics | Values |
|---|---|
| States where non-residents can carry without a permit | Vermont, Mississippi, Tennessee, Texas, Washington D.C., North Dakota, New Hampshire |
| Age requirement | 18+ in Mississippi, Tennessee, Texas, New Hampshire, North Dakota; 16+ in Vermont |
| Limitations | Some states require no prior felony convictions or DUI convictions in the past 10 years |
| Other requirements | Must be able to lawfully possess a handgun per federal law, e.g. not a felon or an individual with a conviction of domestic abuse |
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What You'll Learn
- North Dakota allows non-residents to carry under its permitless carry laws
- Mississippi allows non-residents to carry without a permit
- Tennessee allows non-residents to carry without a permit
- Vermont allows non-residents to carry without a permit
- Washington D.C. allowed non-residents to carry without a permit for a few days
North Dakota allows non-residents to carry under its permitless carry laws
In the United States, each state determines the requirements and any limitations on the carry of firearms. While "constitutional carry" was the law in all states until the 19th century, by the 20th century, all states except Vermont had enacted concealed carry bans. Vermont has never been able to restrict how one could carry a firearm due to its state constitution and state court decisions. Thus, no permit is required (or offered) for open carry and concealed carry in Vermont, and this applies to both residents and non-residents 16+ who can legally own a firearm.
North Dakota is a "shall issue" state for concealed carry. The North Dakota Bureau of Criminal Investigation (BCI) issues a concealed weapon permit to a qualified applicant who must pass a written exam and submit an application to the local law enforcement agency, which conducts a local background check. The permit is valid for five years. A concealed weapon permit is required when transporting a loaded firearm in a vehicle. Additionally, concealed carry is not permitted in areas designated for the retail sale and consumption of alcoholic beverages.
On March 23, 2017, North Dakota Governor Doug Burgum signed House Bill 1169, which went into effect on August 1, 2017. Under this bill, individuals carrying concealed weapons without a license are required to carry a form of state-issued photo ID, inform police about their handgun upon contact, and ensure they are not prohibited from possessing a firearm by law. The bill also removed the previous requirement of being a North Dakota resident for at least one year.
On April 12, 2023, Governor Doug Burgum signed HB 1339, allowing non-residents to carry under North Dakota's permitless carry laws. This law will go into effect on August 1, 2023, and it will also remove the 30-day requirement for IDs. This means that non-residents who can lawfully possess a handgun per federal law will be able to carry a concealed weapon in North Dakota without a permit.
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Mississippi allows non-residents to carry without a permit
Mississippi is one of 16 states that allow "constitutional carry", which means carrying a concealed firearm without a state-issued permit. This applies to both residents and non-residents over the age of 18. However, there are still restrictions on how and where someone can carry a concealed gun without a permit. For example, a firearm cannot be carried without a permit into a police station, school, detention facility, courthouse, polling place, or meeting place of a governing body.
Mississippi's gun laws have changed significantly in less than a decade, moving from fairly restrictive to among the most permissive in the country. This has caused some confusion among gun-owning residents and even law enforcement about what the law allows and restricts. In some cases, laws appear to conflict or leave room for interpretation, and many of the state's newer gun laws have not been thoroughly tested by the courts.
Local governments in Mississippi are generally prohibited from adopting ordinances that restrict gun carry rights, although they can adopt ordinances regulating carry in specific locations, such as public parks, political rallies, schools, and sensitive areas of government operations.
To receive an enhanced carry permit, which allows the permit holder to carry in more locations, a person must complete a firearms training course offered by an instructor certified by the Mississippi Department of Public Safety.
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Tennessee allows non-residents to carry without a permit
In the United States, the right to carry a firearm without a permit varies from state to state. While some states require a permit for carrying a firearm, others have constitutional carry, which 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.
Tennessee is one of the states that allow constitutional carry, or permitless carry, for both residents and non-residents. On April 8, 2021, Tennessee Governor Bill Lee signed Senate Bill 765, which eliminated the requirement to obtain a carry permit for both open and concealed carrying of handguns by any unprohibited person, regardless of their state of residence. This law went into effect on July 1, 2021, making Tennessee the 20th state to institute constitutional carry.
Prior to this law, Tennessee prohibited the possession of a firearm "with the intent to go armed." However, the new law created a statutory "exception," allowing permitless open and concealed carry for anyone 18 years of age or older who may lawfully possess a handgun, is in a place where they have a right to be, and meets certain additional criteria. It is important to note that a carry permit is still required to carry a handgun in certain locations, such as government buildings, schools, state/national parks, and nature trails.
While Tennessee allows non-residents to carry without a permit, it is important for individuals to be aware of the specific laws and requirements of the state they are visiting. Gun laws vary from state to state, and it is the responsibility of the gun owner to know and comply with the laws of the state they are carrying in.
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Vermont allows non-residents to carry without a permit
Vermont is one of 29 states that allow permitless carry, also known as constitutional carry. This means that no permit is required for open carry or concealed carry of handguns, and this applies to both residents and non-residents over the age of 16 (although federal law requires the age to be 18) who can legally own a firearm.
Vermont's unique position on gun control stems from its state constitution and court decisions. The state's constitution, dating back to 1777 when Vermont was an independent republic, guarantees citizens the right to bear arms for self-defence and the defence of the state. This has been reaffirmed by the state's courts, notably in the 1903 State v. Rosenthal decision, where the Vermont Supreme Court struck down an ordinance prohibiting the carrying of weapons without permission from authorities.
While Vermont allows for permitless carry, there are still restrictions on where firearms can be carried, such as courthouses, schools, and school buses. Additionally, there are laws in place regarding the sale, possession, and use of firearms and ammunition. For example, in 2018, the state enacted laws requiring background checks for private sales and banning the possession of bump stocks.
It is important to note that Vermont does not have a "stand your ground" law, and there is no duty to retreat when attacked in one's dwelling. However, the state recommends obtaining training for carrying a firearm, even though it is not a legal requirement.
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Washington D.C. allowed non-residents to carry without a permit for a few days
The terms "constitutional carry", "permitless carry", and "unrestricted carry" are often used interchangeably, but their definitions differ. Constitutional carry means that state law does not prohibit citizens who can legally possess a firearm from carrying handguns openly or concealed, thus no state permit is required. Permitless carry includes constitutional carry states and states where an individual must meet certain qualifications to legally carry. Some states are fully unrestricted, requiring no permit for open or concealed carry.
In the United States, each state determines the requirements and limitations on carrying firearms. Vermont was the only state to allow "constitutional carry" of a handgun for many decades. Due to its state constitution and court decisions, Vermont has never been able to restrict how one could carry a firearm. No permit is required or offered for open or concealed carry, and this applies to both residents and non-residents 16 and older who can legally own a firearm.
On July 26, 2014, Washington, D.C., became a permitless carry jurisdiction for a few days when its ban on carrying a handgun was ruled unconstitutional. The ruling stated that any resident with a legally registered handgun could carry it without a permit, and non-residents without felony convictions could carry as well. However, this ruling was stayed on July 29, 2014.
Washington, D.C., is a shall-issue district that offers both resident and non-resident concealed carry permits to those who meet certain qualifications. To qualify for a pistol permit in Washington, D.C., individuals must be at least 21 years old, own a registered pistol, have a residence or place of business within the district, complete firearms training, be a "suitable" person to be licensed, and meet all federal requirements. Open carry is strictly prohibited in Washington, D.C.
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Frequently asked questions
Constitutional carry means that a state's law does not prohibit citizens who can legally possess a firearm from carrying handguns, openly or in a concealed manner, thus no state permit is required.
Yes, constitutional carry applies to both residents and non-residents. However, state laws vary based on residency requirements and some may include minor regulations, including a lack of felony convictions.
The minimum age requirement for constitutional carry varies by state, with some states setting it at 18 years and others at 21 years.
Yes, there are certain places that are always off-limits for firearms, such as state/national parks, campgrounds, and government buildings. Additionally, property owners or persons in control of a property can choose whether to allow guns.
Proponents of constitutional carry argue that it eliminates the possibility of bias in the permitting process and reduces the financial burden on individuals seeking to protect themselves. On the other hand, opponents argue that it allows individuals to carry loaded, concealed handguns in public without undergoing a background check, obtaining a license, or receiving firearm training.
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