Constitutional Carry: Resident-Only Law Or Universal Right?

does constitutional carry only cover residents

The constitutional carry of a handgun, or carrying a firearm without a permit, is legal in some U.S. states. While the specific laws vary from state to state, the constitutional carry law generally applies to both residents and non-residents of the state. For example, in Florida, both residents and non-residents over the age of 21 are permitted to carry handguns and other weapons like knives without a permit, as long as they are concealed. Similarly, in Mississippi, residents and non-residents aged 18 and older can carry handguns without a permit, although some forms of concealed carry, like Mexican carry, still require a special permit. Tennessee's constitutional carry law also applies to both residents and non-residents, although there are some restrictions on carrying a firearm with the intent to go armed.

Characteristics Values
Number of States with Constitutional Carry Laws 29
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
Age Requirements 18 or 21, with some states allowing military members to carry at 18
Coverage Covers both residents and non-residents
Requirements Must be able to legally possess a firearm per federal law, e.g. not a felon or an individual with a domestic abuse conviction
Other Requirements Must be in a place where the person has a legal right to be
Open Carry Allowed in some states without a permit, e.g. Wyoming
Concealed Carry Allowed in some states without a permit, e.g. Florida
Limitations Some states require certain qualifications, e.g. no DUIs in the last 10 years

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Constitutional carry laws vary by state

The laws on constitutional carry vary significantly by state in the US. While the Second Amendment guarantees the right to keep and bear arms, each state determines the requirements and limitations on the carry of firearms.

Constitutional carry means that the state's law does not prohibit citizens who can legally possess a firearm from carrying handguns, either openly or in a concealed manner, and thus no state permit is required. However, some states are fully unrestricted, while others allow open carry of a firearm without a permit but require a permit for concealed carry.

For many decades, Vermont was the only state to allow "constitutional carry" of a handgun without any government permit. Due to its state constitution and court decisions, Vermont has never been able to restrict how one could carry a firearm. As such, constitutional carry is sometimes referred to as "Vermont carry". In June 2015, the Commonwealth of Puerto Rico's carry and licensing regulations were also struck down, eliminating the requirement for a permit.

As of 2025, there are 29 constitutional carry or permitless carry states, with more than 50% of US states having passed laws allowing for constitutional carry in the last two decades. The most recent states to pass constitutional carry laws include Florida, Nebraska, Louisiana, and South Carolina. Tennessee also passed a constitutional carry law in 2021, but it is not as unrestricted as initially thought, with some conditions still applying.

The minimum age requirement to carry a handgun without a permit varies by state, ranging from 18 to 21 years old. Some states, like Tennessee, have lowered the legal age to carry a handgun to 18, while others, like Florida and Wyoming, require individuals to be 21 or older.

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Open carry laws

Constitutional carry, also known as permitless carry or unrestricted carry, is when a state's law does not prohibit citizens who can legally possess a firearm from carrying handguns openly and/or in a concealed manner, thus not requiring a state permit. As of March 2025, there are 29 constitutional carry states, including 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, and Wyoming.

Some states are fully unrestricted, meaning no permit is required for open or concealed carry. Other states allow the open carry of a firearm without a permit but require a permit for concealed carry. For example, Colorado, Delaware, Michigan, Nevada, New Mexico, North Carolina, Oregon, Pennsylvania, Virginia, Washington, and Wisconsin allow for the unlicensed carrying of handguns openly while requiring a permit for concealed carry.

The constitutional carry movement has been supported by gun rights groups, such as Gun Owners of America, who have advocated for the legalization of open carry. However, the movement has also faced opposition, with some arguing that open carry laws are dangerous and have been exploited by extremists and hate groups as a show of force.

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Minimum age requirements

The minimum age requirements for constitutional carry vary across different states. While some states require individuals to be 21 years of age or older, others set the minimum age at 18 or 19.

For example, states like Florida, Alabama, Alaska, Arizona, Kansas, Kentucky, Nebraska, Ohio, Oklahoma, Utah, and Wyoming have a minimum age requirement of 21 for constitutional carry. This means that individuals must be 21 or older to carry a concealed weapon without a permit in these states.

On the other hand, states such as Arkansas, Idaho, Indiana, Mississippi, Montana, New Hampshire, South Dakota, and Tennessee have set the minimum age at 18 for constitutional carry. In these states, individuals who are 18 or older are allowed to carry a handgun openly or concealed without a permit.

It is important to note that some states offer exceptions for members of the military, allowing them to carry without a permit at a younger age, typically 18 years old. These states include Georgia, Missouri, Oklahoma, and Tennessee.

Additionally, there are states with more complex age-related requirements for constitutional carry. For instance, in North Dakota, non-residents are allowed to carry concealed weapons under permitless carry laws, but the minimum age requirement for residents is 18. Vermont stands out with a minimum age requirement of 16 for both residents and non-residents, as long as they can legally own a firearm.

It is crucial to stay informed about the specific laws and regulations in each state, as they can vary significantly, and ignorance is never an excuse.

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Concealed carry laws

In the United States, the practice of carrying a weapon, such as a handgun, in public in a concealed manner is known as concealed carry or carrying a concealed weapon (CCW). CCW is often practised as a means of self-defence.

Constitutional carry, permitless carry, and unrestricted carry are terms that are often used interchangeably, but their definitions differ. 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. Permitless carry includes constitutional carry states as well as states where an individual must meet certain qualifications to carry a firearm, such as not having any DUIs in the last 10 years. Some states are fully unrestricted, meaning no permit is required for open or concealed carry. Others allow the open carry of a firearm without a permit but require a permit for concealment.

As of 2025, 29 states allow constitutional carry or permitless carry. These states are:

  • Alabama (PC-21)
  • Alaska (PC-21)
  • Arizona (PC-21)
  • Arkansas (PC-18)
  • Florida (PC-21)
  • Georgia (PC-21 and 18 for members of the military)
  • Idaho (PC-18)
  • Indiana (PC-18)
  • Iowa (PC-21)
  • Kansas (PC-21)
  • Kentucky (PC-21)
  • Louisiana (PC-18)
  • Maine (permits recognized; see Maine reciprocity section for details or PC-21)
  • Mississippi (PC-18)
  • Missouri (PC-19 or 18 for members of the military)
  • Montana (PC-18)
  • Nebraska (PC-21)
  • New Hampshire (PC-18)
  • North Dakota (PC-18 for residents only and concealed carry only)
  • Ohio (PC-21)
  • Oklahoma (PC-21 or 18 for military)
  • South Carolina (PC-18)
  • South Dakota (PC-18)
  • Tennessee (PC-18 or 18 for members of the military)
  • Texas (PC-21)
  • Utah (PC-21)
  • Vermont (PC-18)
  • West Virginia (PC-21)
  • Wyoming (PC-21)

Constitutional carry grants the right to carry a gun without needing a permit, but it doesn’t exempt an individual from the responsibility of firearms ownership. Each state determines the requirements and any limitations on the carry of firearms.

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Permitless carry laws

The terms “constitutional carry”, “permitless carry”, and “unrestricted carry” are often used interchangeably, but their definitions do differ. “Constitutional carry” means that the state's law does not prohibit citizens who can legally possess a firearm from carrying handguns, either openly or in a concealed manner, and thus no state permit is required. Sometimes, constitutional carry may be conditional, such as in those states that have no laws prohibiting the open carry of a handgun but require a permit to carry the handgun concealed.

“Permitless carry” includes constitutional carry states as well as states where an individual must meet certain qualifications in order to legally carry. For example, Tennessee does not allow an individual to carry without a permit if they have received a DUI in the last five years or two or more in the last ten years. Some states are fully unrestricted, meaning no permit is required for open or concealed carry. Others allow the open carry of a firearm or handgun without a permit but require a permit for concealment.

As of 2024, there are 29 constitutional carry or permitless carry states. These include 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, and Wyoming.

Frequently asked questions

Constitutional carry is when a state's law does not prohibit citizens who can legally possess a firearm from carrying handguns, either openly or in a concealed manner, without a state permit.

No, constitutional carry applies to both residents and non-residents. However, the requirements and limitations on the carry of firearms are determined by each state.

As of 2025, 29 states allow constitutional carry. These include 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, and Wyoming.

The age restrictions vary by state. Some states require individuals to be 21 or older, while others allow individuals as young as 18 to carry a firearm. For example, Florida, Iowa, Kansas, Kentucky, Nebraska, Ohio, Oklahoma, Utah, and West Virginia require individuals to be 21 or older, while Arkansas, Idaho, Indiana, Mississippi, Montana, New Hampshire, South Dakota, Tennessee, and Vermont allow individuals as young as 18 to carry a firearm.

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