Jonah Patel
Open carry is the practice of visibly carrying a firearm in public places, as opposed to concealed carry, where firearms are hidden from casual observers. While the US Constitution does not explicitly mention open carry, the Second Amendment, which guarantees the right to keep and bear arms, serves as the primary basis for open carry laws. The interpretation of the Second Amendment and its application to open carry has been a subject of debate and legal rulings, with state laws varying across the country. Some states have unrestricted open carry laws, while others require permits or have specific regulations in place. The legality and regulations surrounding open carry continue to be a highly debated topic in the United States.
| Characteristics | Values |
|---|---|
| Open carry defined | The practice of visibly carrying a firearm in public places |
| Open carry laws | 29 states allow constitutional carry; 5 state constitutions provide that the state legislature may regulate the manner of keeping or bearing arms; 9 state constitutions indicate that the concealed carrying of firearms may be regulated and/or prohibited by the state legislature |
| Constitutional carry laws | In 2024, 29 states passed constitutional carry or permitless carry laws; Over the past two decades, more than 50% of U.S. states have passed laws allowing for constitutional carry or permitless carry; Alabama, Ohio, Indiana, Georgia, Florida, Nebraska, Louisiana, and South Carolina are some of the states that have passed constitutional carry or permitless carry laws |
| Court rulings | In District of Columbia v. Heller (2008), Justice Antonin Scalia wrote that the Second Amendment guarantees "the individual right to possess and carry weapons in case of confrontation"; In Kerner (1921), the court ruled that requiring any form of permit, fee, or license to openly carry a firearm off one's own premises is unconstitutional; In 2018, a panel of the U.S. Court of Appeals for the Ninth Circuit found that Hawaii's licensing requirement for open carry violated the Second Amendment, but this ruling was vacated in 2019; In 2008, a court ruled that the seizure of Zachary Mead's firearm by law enforcement in Richmond County, Georgia, was a violation of the Fourth Amendment |
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What You'll Learn
Open carry and the Second Amendment
Open carry laws in the United States refer to the practice of visibly carrying a firearm in public places, as opposed to concealed carry, where firearms are hidden from casual observation. The Second Amendment to the United States Constitution guarantees the right to bear arms, but it does not explicitly mention open carry. However, the interpretation of the Second Amendment has been a subject of debate and has significant implications for open carry laws.
The Second Amendment states, "A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed." While the amendment clearly protects the right to bear arms, the specific regulations surrounding this right, including the issue of open carry, have been left to individual states and have been the subject of ongoing legal battles.
The United States Supreme Court has never directly addressed the issue of open carry. However, in the 2008 case of District of Columbia v. Heller, Justice Antonin Scalia wrote, "We find that they guarantee the individual right to possess and carry weapons in case of confrontation." This statement suggests that the Second Amendment protects the right to carry weapons, but Scalia also noted that this right is not unlimited and does not extend to any weapon or manner of carrying.
Despite the lack of a definitive ruling from the Supreme Court, lower courts have weighed in on the issue. In 2018, a panel of the United States Court of Appeals for the Ninth Circuit found that Hawaii's licensing requirement for open carry violated the Second Amendment. However, this ruling was later vacated, and the case is still pending. Additionally, several state constitutions have provisions related to open carry, with 45 states recognizing the right to keep and bear arms in some form, and none of them explicitly prohibiting the open carrying of firearms.
The regulations surrounding open carry vary significantly across the country. As of 2025, 29 states allow constitutional carry, which means they do not prohibit citizens who can legally possess a firearm from carrying handguns openly or concealed without a state permit. However, some states have specific requirements, such as Tennessee, which prohibits individuals with a history of DUIs from carrying without a permit. Additionally, nine state constitutions allow for the regulation or prohibition of concealed carry, and some states, like Colorado, have delegated the authority to regulate open carry to local jurisdictions.
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State-level open carry laws
Open carry laws vary from state to state in the United States. Some states allow open carry without a permit or license, while others require a permit or license, or only allow open carry in certain circumstances. Still, others prohibit open carry altogether.
Permissive Open Carry States
Permissive open carry states allow gun owners who can legally possess a firearm to openly carry a gun without a permit or license. Examples include Alabama, Colorado, Michigan, Nevada, North Carolina, Oregon, Tennessee, Texas, Vermont, Virginia, Washington, and Wisconsin.
Licensed Open Carry/Not Addressed States
Licensed open carry/not addressed states allow gun owners to carry firearms openly only after they have been issued a permit or license. Alternatively, open carry may not be specifically addressed in state statutes, but a permit or license is required to carry a handgun. Examples include Arizona, Florida, and Pennsylvania.
Anomalous Open Carry States
In anomalous open carry states, carrying a gun openly may be either generally lawful or legal under state law, but local governments may have different gun laws. Examples include California, Colorado, Missouri, Nebraska, North Carolina, Oregon, and Tennessee.
Non-Permissive Open Carry States
Non-permissive open carry states prohibit open carry altogether, or only allow it in limited circumstances such as while hunting or when used for self-defense. Examples include California, the District of Columbia, Illinois, New York, and Washington, D.C.
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Constitutional carry
The term "Constitutional carry" refers to a set of laws that allow individuals to carry specific weapons without a permit. This type of carry is also known as "unrestricted carry" or "permitless carry". The laws vary by state, and some states may have more relaxed requirements for constitutional carry than others.
In the context of constitutional carry, the term "carry" refers to the act of transporting a firearm, either openly or in a concealed manner. Open carry refers to the practice of visibly carrying a firearm in public places, while concealed carry involves keeping the firearm hidden from casual observation. It is important to note that brandishing, or carrying a firearm directly in one's hands in a firing position, is typically considered a serious crime and is not included in the definition of "carrying" in this context.
The specific provisions of constitutional carry laws can vary from state to state. For example, some states may allow for the unlicensed carrying of handguns, while others may require a permit for concealed carry. Additionally, the age requirements for constitutional carry can differ, with some states requiring individuals to be over 18, while others may set the minimum age at 21.
As of April 2023, 29 states have constitutional carry laws in place, with North Carolina potentially becoming the 30th state. The National Rifle Association (NRA) has actively advocated for the enactment of constitutional carry laws across the country, supporting the right of law-abiding gun owners to carry firearms for self-defence without prior government permission.
It is worth noting that the interpretation and implementation of constitutional carry laws can be complex and subject to legal challenges. For example, the Supreme Court's decision in the Heller case affirmed the right to keep and bear arms for self-defence, but also acknowledged the authority of state and local governments to enact certain gun control measures. As such, the specifics of constitutional carry can be fluid and influenced by ongoing legal and political debates.
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Permitless carry
The Second Amendment to the United States Constitution is often cited as the basis for the right to openly carry firearms. However, the Constitution does not explicitly mention "open carry". The Second Amendment states: "A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."
While the majority opinion in the 2008 case of District of Columbia v. Heller affirmed an individual's right to possess and carry weapons, it also acknowledged that this right is not unlimited. Despite this, forty-five state constitutions recognise the right to keep and bear arms, and none of them explicitly prohibit the open carrying of firearms.
As of 2025, 29 states allow law-abiding citizens to carry a concealed handgun without obtaining a permit. These states include Alabama, Arizona, Arkansas, Colorado, Delaware, Michigan, Nevada, New Mexico, North Carolina, Oregon, Pennsylvania, Texas, Vermont, Virginia, Washington, Wisconsin, and Tennessee, which became the 20th state to institute constitutional carry in 2021.
On March 20, 2025, the North Carolina Senate passed Senate Bill 50, "Freedom to Carry NC," which would allow law-abiding citizens to carry concealed handguns without a permit. The bill proposes to eliminate the requirement for law-abiding gun owners to obtain a permit to carry a concealed firearm for self-defence. It is currently under consideration in the House.
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Open carry and public awareness
Open carry refers to the practice of carrying a firearm in public spaces so that it is visible to the casual observer. This is distinct from concealed carry, where firearms are hidden from view. In the United States, open carry has become an increasingly common and hotly debated topic, with a variety of laws and interpretations across different states. The Second Amendment to the United States Constitution, which guarantees the right to bear arms, has been central to the discussion around open carry. However, the Supreme Court has not provided a definitive ruling on this issue, leaving room for varying interpretations and regulations at the state level.
The public awareness and visibility of open carry have been heightened by organised events advocating for the practice. While forty-five state constitutions recognise the right to bear arms, the regulations surrounding open carry vary. Some states, like Vermont, do not have provisions for issuing concealed-carry licenses, while others, like Tennessee, have passed constitutional carry laws, eliminating the need for permits for both open and concealed carry. Still, other states, like Colorado, have delegated the regulation of open carry to local jurisdictions, resulting in a mix of laws across the state.
The interpretation of the Second Amendment and the legality of open carry have been subject to court rulings. For instance, in the case of District of Columbia v. Heller (2008), Justice Antonin Scalia acknowledged an individual's right to possess and carry weapons but emphasised that this right is not unlimited. Similarly, the North Carolina Supreme Court ruled in North Carolina v. Kerner (1921) that requiring a permit to openly carry a firearm off one's premises is unconstitutional. However, the court distinguished between open and concealed carry, stating that the latter is not a protected right and can be regulated by law.
The public awareness of open carry has also been shaped by incidents and legal cases. For example, in 2008, Zachary Mead was detained in Georgia for openly carrying a firearm, leading to a lawsuit filed by GeorgiaCarry.org. The court ruled in Mead's favour, finding that the seizure of his firearm violated the Fourth Amendment. Another incident involved Meleanie Hain, who openly carried a handgun at her daughter's soccer game in Pennsylvania, resulting in the intervention of the county sheriff.
While open carry laws vary across the United States, it is essential to recognise that the public awareness and perception of this practice are complex and multifaceted. The interpretation of constitutional rights, court rulings, and varying state regulations all contribute to the ongoing discussion and debate surrounding open carry and its place in American society.
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Frequently asked questions
The US Constitution does not explicitly mention open carry. However, the Second Amendment, which guarantees the right to keep and bear arms, is often cited in discussions about open carry.
Open carry refers to the practice of visibly carrying a firearm in public places, as opposed to concealed carry, where firearms are hidden from casual observation.
No, the laws regarding open carry vary from state to state. As of 2024, 29 states allow constitutional carry, which means they do not prohibit citizens who can legally possess a firearm from carrying handguns openly or concealed without a state permit. However, some states may have additional requirements or restrictions, such as age limits or prohibitions on carrying in certain locations.
No, even in constitutional carry states, there may be restrictions on where and how firearms can be carried. For example, some states require a permit to carry a firearm in certain buildings or locations, such as state parks or government buildings. Additionally, brandishing a firearm, or carrying it in a firing position, may be considered a serious crime.
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