Constitutional Right To Bear Arms: Concealed Carry Permits Explained

The Second Amendment to the US Constitution grants citizens the right to keep and bear arms, but the question of whether this includes the right to carry concealed weapons has been the subject of much debate and legal action. The term constitutional carry, also known as permitless carry, refers to the legal public carrying of a handgun, either openly or concealed, without a license or permit. While some states require permits for concealed carry, others allow it without a permit, and the constitutionality of these laws has been challenged in court. The Supreme Court's 2008 District of Columbia v. Heller ruling found that self-defense was a central component of the 2nd Amendment, and in 2023, a federal court in Tennessee ruled that restrictions on 18- to 20-year-olds carrying concealed firearms were unconstitutional.

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The Second Amendment and the right to bear arms

The Second Amendment to the United States Constitution, ratified on December 15, 1791, protects the right to keep and bear arms. The 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.

The Second Amendment has been the subject of much debate and academic inquiry, particularly in the 21st century. The text of the amendment as ratified by the states differs from the version passed by Congress, and these differences have been a key focus of debate regarding the interpretation of the amendment.

In the landmark case District of Columbia v. Heller (2008), the Supreme Court affirmed that the right to keep and bear arms belongs to individuals for self-defense in the home. The Court ruled that the inherent right of self-defense is central to the Second Amendment, which guarantees an individual's right to own a gun. The Court also clarified that this right is not unlimited and does not preclude certain prohibitions, such as those forbidding the possession of firearms by felons and the mentally ill.

In McDonald v. City of Chicago (2010), the Supreme Court further clarified that the Second Amendment applies to state and local governments, just as it does to the federal government. This ensures that the right to keep and bear arms is protected across the United States.

The interpretation and application of the Second Amendment vary at the state level. Some states allow the open carry of firearms without a permit, while others require a permit for both open and concealed carry. The specific requirements and limitations are determined by each state. As of 2025, 42 states, representing 74% of the U.S. population, have Right-to-Carry (RTC) laws, which recognize the right to carry concealed handguns without a permit or with a state-issued permit.

State laws and requirements

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. Some states are fully unrestricted, meaning no permit is required for open or concealed carry. However, in some constitutional carry states, permits may be issued upon request and completion of requirements for purposes of reciprocity (carrying a concealed weapon in other states). Additionally, some states allow the open carry of a firearm without a permit but require a permit for concealment.

As of March 2024, there were 48 "shall-issue" states, which means local authorities are required to issue concealed carry permits as long as the applicant meets basic requirements such as a minimum age, no prior felony conviction, and no recent mental institution commitments. Some states also have residency requirements. The "shall-issue" standard is the current national licensing standard, where the granting of licenses is subject only to meeting determinate criteria laid out in the law.

Before June 2022, there were also "may-issue" states, where the granting of licenses was at the discretion of local authorities, and applicants were required to provide a proper cause or need to be issued a permit. However, these laws were found unconstitutional by the U.S. Supreme Court in New York State Rifle & Pistol Association, Inc. v. Bruen. Now, it is still legal for U.S. jurisdictions to require a permit to carry a concealed handgun, and to require background checks, training, and proper fees without violating the Second Amendment.

It is important to note that state laws and requirements are subject to change, and it is the responsibility of individuals to stay informed about the specific laws and requirements in their state. Additionally, there can be serious civil or criminal liabilities related to self-defense when a concealed carry permit holder brandishes or fires their weapon, even if the use of deadly force was justified.

Self-defence and the fundamental right

The right to self-defence is a fundamental human right, and the use of firearms for self-defence is recognised by the Constitution of the United States, the constitutions of 44 states, the laws of all states, and common law. The Second Amendment to the US Constitution 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.

The interpretation of the Second Amendment has been a topic of debate, with a tapestry of conflicting laws about carrying firearms developing across the nation. In 2008, the US Supreme Court ruled in District of Columbia v. Heller that self-defence was a "central component of the 2nd Amendment" and that the "inherent right of self-defence has been central to the Second Amendment right". This case was a landmark ruling that clarified the Second Amendment and its relationship to the right to carry or bear arms.

The right to self-defence is not a new concept and can be traced back to early Roman Law, where any attack on the family or its property was considered a personal attack on the male head of the household. This was later reflected in the 6th-century Digest of Justinian, which phrased the right to self-defence as "vim vi repellere licet" ("it is permitted to repel force by force").

In modern times, the question of self-defence has evolved to include the role of the state and its laws, particularly in the context of privatisation of security services. Modern libertarianism, for example, characterises many laws as intrusive to personal autonomy and argues that the right to self-defence is a fundamental human right that justifies all uses of violence in defence of oneself or one's property.

In the context of concealed carry permits, there has been ongoing legislation and debate in the United States regarding the legal requirements for carrying concealed firearms. While some states require a permit for concealed carry, others allow permitless carry for individuals who meet certain age or residency requirements. The specific laws and requirements vary by state, and there have been legal challenges to restrictions on concealed carry, with some states entering into agreements to recognise each other's carry permits.

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The Supreme Court's role and interpretation

The Supreme Court of the United States plays a pivotal role in interpreting the Second Amendment and shaping gun control laws, including those related to concealed carry permits. In the landmark case of District of Columbia v. Heller (2008), the Supreme Court affirmed the individual right to possess and carry weapons, stating that "the inherent right of self-defense has been central to the Second Amendment right". This ruling set a precedent for interpreting the Second Amendment as protecting an individual's right to self-defence, which is often cited as a justification for concealed carry permits.

The Supreme Court's interpretation of the Second Amendment has significant implications for state and federal legislation regarding gun control. The Court's rulings can shape the legal landscape by striking down or upholding laws and policies related to gun ownership and carrying. For example, in the Tennessee case, where the Firearms Policy Coalition (FPC) sued the state in 2021 for prohibiting 18- to 20-year-olds from obtaining concealed carry permits, the federal court's decision to strike down these restrictions as unconstitutional was aligned with the Supreme Court's interpretation of the Second Amendment.

Additionally, the Supreme Court's rulings can influence the recognition of concealed carry permits across state lines. Currently, there is a lack of uniformity among states regarding the requirements and limitations on carrying firearms. While some states have unrestricted or permitless carry laws, allowing individuals to carry concealed weapons without a permit, others have more stringent requirements. The Supreme Court's interpretation of the Second Amendment can guide states in determining the constitutionality of their gun control measures and influence the recognition of permits across state lines.

The Court's interpretation of the Second Amendment also impacts the work of organisations like the National Rifle Association's Institute for Legislative Action (NRA-ILA) and the US Concealed Carry Association (USCCA). These organisations advocate for the preservation and expansion of gun rights, including the right to concealed carry, and their efforts are shaped by the legal framework established by the Supreme Court.

In summary, the Supreme Court's role in interpreting the Second Amendment is crucial in shaping the legal landscape surrounding concealed carry permits. Its rulings set precedents, influence state and federal legislation, and guide organisations advocating for gun rights. While the Court has affirmed the individual right to bear arms and the role of self-defence, the ongoing debate and legal challenges surrounding gun control measures highlight the complex nature of this issue in the United States.

Concealed carry permits and their limitations

The Second Amendment to the U.S. Constitution guarantees the right to bear arms, and this has been interpreted by the Supreme Court to include the right to self-defence and the carrying of weapons in case of confrontation. This has been upheld in cases such as District of Columbia v. Heller (2008) and New York State Rifle & Pistol Association, Inc. v. Bruen (2022). The latter case ruled that the use of subjective criteria in granting concealed-carry permits was unconstitutional, and prompted a shift towards shall-issue laws in several states.

As of 2024, 27 states have laws allowing people to carry concealed weapons without a permit, while 23 states and the District of Columbia require permits but have shall-issue laws, where law enforcement has limited discretion to deny permits to citizens who can legally possess handguns. The remaining states are considered fully or partially unrestricted, with varying limitations on the carrying of concealed weapons. Some states require a permit for concealment but allow the open carry of a firearm without one.

The limitations on concealed carry permits vary by state, and may include restrictions on the type and caliber of handguns that may be carried, the locations where the permit is valid, the purpose for carrying the weapon, limitations on magazine size, and limitations on the number of firearms that may be carried at any given time. Some states also impose age restrictions on concealed carry permits, with the minimum age ranging from 18 to 21 years old.

Additionally, there are restrictions on carrying concealed weapons in certain sensitive areas, such as schools, courthouses, legislative buildings, polling stations, hospitals, mental health institutions, bars, and public sporting events. Permits for concealed carry are also subject to revocation if the holder fails to comply with applicable federal, state, and local firearms laws, or becomes prohibited from possessing firearms.

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