Jonah Patel
The Second Amendment to the US Constitution gives citizens the right to bear arms. This has been interpreted by the Supreme Court to include the right to carry firearms in public. In the US, constitutional carry or permitless carry means that someone can carry a concealed handgun without a license or permit. As of 2024, there are 29 states with Constitutional Carry, and over half of US states have passed laws allowing for constitutional carry or permitless carry. In some states, a person must be 18 or 21 years old to possess a firearm. While constitutional carry grants the right to carry a gun without a permit, it doesn't exempt individuals from the responsibility of firearms ownership.
| Characteristics | Values |
|---|---|
| Definition | The right to carry a gun without needing a permit |
| Basis | Second Amendment to the U.S. Constitution, which gives citizens the right to bear arms |
| 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 | Age requirements vary by state, with some requiring individuals to be 18 or 21 years old to possess a firearm. Some states allow military members to carry at 18. |
| Other Requirements | Some states require individuals to be residents, while others only allow concealed or open carry. |
| Training | No government-required training, but individuals are still accountable for their actions and are encouraged to seek proper training. |
| Impact on Violence | No reported increase in violence or firearms accidents in states with Constitutional Carry. |
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What You'll Learn
No permit or license required
In the United States, "constitutional carry" is derived from the Second Amendment, which gives citizens the right to bear arms. This means that a resident does not need a state permit to carry a concealed weapon within their state. As of 2024, there are 29 states with constitutional carry laws, with Louisiana being the 29th state, where it went into effect on July 4, 2024.
The majority of states with permitless carry require individuals to be at least 21 years old and not be legally prohibited from owning a firearm. Some states have an age requirement of 21 but allow military members to carry without a permit at 18. For example, in Georgia, residents and non-residents 21 years of age and older can carry handguns, long guns, and other weapons, openly or concealed, in public, without a permit. In Idaho, residents and non-resident active U.S. military members 21 and older can carry concealed weapons within city limits without a license.
Some states are fully unrestricted, meaning no permit is required for open or concealed carry. Others allow open carry without a permit but require a permit for carrying a concealed weapon. For example, in North Dakota, non-residents can concealed carry under its permitless carry laws, but residents must be 18 or older to do so. In Alabama, residents 21 and older can carry a concealed pistol or a loaded pistol in a vehicle without a permit, but open carry without a permit was already legal for residents and non-residents 18 and older before this legislation.
It's important to note that constitutional carry does not override other state or federal laws restricting where you can and cannot carry a weapon. For example, in Utah, it is legal to carry in bars, but it is illegal to be intoxicated while carrying. Additionally, some states allow you to carry in more places if you have a carry permit rather than carrying under constitutional carry.
Texas Constitutional Carry: Approved or Not?
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No government restrictions
In the United States, the phrase "constitutional carry", also called "permitless carry", means that someone can carry a concealed handgun without a license or permit. The term was derived from the Second Amendment to the U.S. Constitution, which gives citizens the right to bear arms. As of 2024, there are 29 states with Constitutional Carry, 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.
Constitutional carry grants the right to carry a gun without needing a permit, but it doesn’t exempt individuals from the responsibility of firearms ownership. It is important to remember that you are accountable for every action you take and every round discharged from the muzzle. Therefore, ensure you receive proper training and are well-versed in the relevant state gun laws to act responsibly and lawfully. Ignorance is never an excuse.
In Constitutional Carry States, there is no licensing or training required to legally carry a firearm. However, some states with unlicensed carry have implemented certain policies that restrict the method of carry or who can carry. Some require you to be 21, others require you to be a resident of that state, and others only allow concealed or open carry. For example, in Florida, people may only conceal carry, as open carry of firearms is still illegal except for hunting, fishing, and camping, and going to and from these activities.
In some states, a person must be 18 or 21 years old to possess a firearm. Some states have an age requirement of 21 but allow military members to permitless carry at 18. It is important to check local laws to know the status of permitless carry. Illinois, New Mexico, and Montana have a limited form of concealed carry that does not require a permit. In Illinois, a permit is not required to carry a handgun that is unloaded and fully enclosed. In New Mexico, it is legal to carry a loaded, concealed weapon while traveling in a vehicle, including cars, motorcycles, bicycles, and horseback.
Texas Governor Signs Constitutional Carry into Law
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No training required
In the United States, the right to bear arms is constitutionally protected. However, the laws surrounding the carrying of firearms vary from state to state.
Constitutional carry, or unrestricted carry, is the ability to carry a firearm without government restrictions. In other words, no license or permit is required to carry a firearm, either openly or concealed. Over half of the U.S. states have embraced constitutional carry, with the majority passing such laws in the last decade. These include Alabama, Arizona, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, and Vermont.
Constitutional carry does not exempt individuals from the responsibility of firearms ownership. While no government-mandated training is required to carry a firearm in these states, it is still important to receive proper training and be well-versed in the relevant state gun laws to act responsibly and lawfully. Ignorance of the law is never an excuse, and individuals are accountable for every action they take and every round discharged from their firearm.
Some states with unlicensed carry have implemented certain policies that restrict the method of carry or who can carry. For example, some states require individuals to be 21 years of age or older, while others require residency in the state. It is important to note that even in states with constitutional carry, individuals may still choose to obtain a permit for certain purposes, such as carrying concealed guns across state lines.
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Right to self-defence
The right to self-defence is a central component of the Second Amendment, as affirmed by the United States Supreme Court in the 2022 New York State Rifle & Pistol Association, Inc. v. Bruen decision. The Court's ruling recognised citizens' constitutional right to carry firearms in public for self-defence, striking down New York's restrictive concealed carry licensing regime as unconstitutional. This decision extended the previous Heller and McDonald cases, which had established the right to maintain a firearm in the home for self-defence.
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." This right has been interpreted to include the ability to carry firearms in public for self-defence, without a permit or licence. This interpretation is known as "constitutional carry" or "permitless carry", and it is currently allowed in 29 states as of 2024.
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 without a state permit. Some states, such as Florida, allow for permitless concealed carry, while others may require a permit for concealed carry but allow open carry without a permit. It is important to note that each state determines its own requirements and limitations on the carry of firearms, and these laws can change over time.
To carry a firearm for self-defence, an individual may need to meet certain qualifications or obtain a licence. In some states, such as New York, an unrestricted licence may require demonstrating a special need for self-defence beyond that of the general population. However, the Supreme Court has held that "may-issue" regimes, where licensing officials have broad discretion to deny a licence, create an unconstitutional restriction on the right to carry firearms for self-defence.
Constitutional Carry: Understanding Your Right to Bear Arms
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State-by-state basis
In the United States, the phrase "constitutional carry" refers to the right to carry a gun without a permit. This is also known as unrestricted carry, permitless carry, or Vermont carry. The scope and applicability of constitutional carry vary by state, and each state determines the requirements and limitations on the carry of firearms.
As of 2024, there are 29 states with constitutional carry laws, including Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, North Dakota, Ohio, South Carolina, and Tennessee. These states generally fall into one of three categories: shall-issue states, where a license must be issued if all criteria are met; may-issue states, where the jurisdiction has discretion in issuing permits; and constitutional carry states, where no permit is required.
Some states have specific requirements or limitations for constitutional carry. For example, in North Dakota, non-residents are allowed to concealed carry under permitless carry laws as of August 1, 2023. In Tennessee, individuals are not allowed to carry without a permit if they have received a DUI in the last few years. In Arkansas, open carry is generally permitted, provided there is no intent to unlawfully employ the weapon.
It is important to note that the laws and regulations regarding constitutional carry can change over time, and it is the responsibility of individuals to stay informed about the specific requirements and limitations in their state. Proper training and knowledge of state gun laws are essential to acting responsibly and lawfully.
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Frequently asked questions
Constitutional carry is the right to carry a firearm without a permit. It is derived from the Second Amendment to the U.S. Constitution, which gives citizens the right to bear arms.
No, that's the point of constitutional carry. However, some states may have certain qualifications that must be met, such as no DUIs in the last 10 years.
It depends on the state. Some states require you to be a resident, while others allow non-residents to carry firearms without a permit.
Yes, in some states, you must be 18 or 21 years old to carry a firearm without a permit. However, some states with an age requirement of 21 allow military members to carry at 18.
No, there is no government-required training. However, it is important to receive proper training and know the relevant state gun laws to act responsibly and lawfully.
