Malcolm Rivera
The phrase constitutional carry refers to the Second Amendment's right to bear arms and means that a resident does not have to obtain a state permit to carry a concealed weapon in that state. In 2022, four states—Alabama, Ohio, Indiana, and Georgia—passed constitutional carry or permitless carry laws, bringing the total number of states with such laws to 25. Subsequently, in April 2023, Florida and Nebraska became the 26th and 27th constitutional carry states. In 2024, Louisiana and South Carolina followed suit, becoming the 28th and 29th states. Over half of the US states have now passed laws allowing for constitutional carry or permitless carry. This has sparked debate over the benefits and drawbacks of eliminating the permit requirement, including the removal of financial barriers and bias in the permitting process, as well as concerns about public safety and the lack of training, background checks, and other safety measures.
| Characteristics | Values |
|---|---|
| Constitutional carry laws | Protect the "fundamental right to carry a firearm for self-defense" as enshrined in the US Constitution |
| Permitless carry | Includes constitutional carry states and states where individuals must meet certain qualifications to legally carry |
| States with permitless carry laws | Alabama, Ohio, Indiana, Georgia, Florida, Nebraska, Louisiana, South Carolina, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Michigan, Mississippi, Missouri, Montana, New Hampshire, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Utah, Vermont, West Virginia, and Wyoming |
| States with pending legislation | Pennsylvania, North Carolina, and South Carolina |
| Benefits of permitless carry | Eliminates financial barriers and the possibility of bias in the permitting process |
| Drawbacks of permitless carry | Eliminates training, background checks, and other safety measures; some laws lower the age to carry guns from 21 to 18 |
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What You'll Learn
The Second Amendment's right to bear arms
The Second Amendment to the US Constitution, ratified on December 15, 1791, states that "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 amendment has been a topic of debate and interpretation, with some arguing for the right to bear arms without government interference, while others advocate for regulations and safety measures.
The phrase "constitutional carry" refers to the Second Amendment's right to bear arms, specifically the interpretation that residents should not be required to obtain a state permit to carry a concealed weapon. Proponents of constitutional carry argue that it protects the fundamental right to self-defense without government permission. They believe that law-abiding citizens should not need permission to exercise their constitutional rights, just as they don't need permission to exercise freedom of speech or religion. Additionally, they argue that eliminating the permit requirement removes financial barriers and reduces potential bias in the permitting process.
However, opponents of constitutional carry raise concerns about public safety and the lack of training, background checks, and other safety measures associated with permitless carry. They argue that allowing untrained and unvetted individuals to carry concealed weapons in public places increases the risk of accidents and crimes. Some also point out that the right to keep and bear arms was initially intended as a bulwark against foreign invasion and federal overreach, rather than for general safety or personal protection.
The debate surrounding the Second Amendment's right to bear arms and constitutional carry is ongoing, with states having varying laws and interpretations. While some states have enacted constitutional carry legislation, allowing residents to carry handguns openly or concealed without a permit, other states have restrictions in place, such as requiring permits or prohibiting certain individuals from carrying firearms. The discussion continues to evolve as different interest groups advocate for their respective positions, and legislative decisions are made at the state and federal levels.
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The financial barriers of obtaining a permit
The financial barriers of obtaining a gun permit are a significant consideration in the constitutional carry debate. "Constitutional carry" refers to the interpretation of the Second Amendment's "right to bear arms," allowing individuals to carry a concealed weapon without a state permit, background check, or firearm training. Eliminating the need for a permit removes financial barriers, which is particularly relevant for those in lesser economic positions. For example, in Ohio, a woman facing domestic abuse and fearing for her life would need to spend around $200 on training and application fees for a concealed handgun license, with an additional $50 for an emergency temporary license.
The financial burden of obtaining a gun permit is a critical issue, especially for individuals with limited financial resources. The costs associated with acquiring a permit can be a significant obstacle for those who are already in vulnerable situations, such as victims of domestic abuse. In such cases, the added expense of obtaining a permit may deter individuals from seeking legal firearm ownership, potentially compromising their safety.
Furthermore, the financial barriers associated with gun permits disproportionately impact responsible citizens rather than criminals. Criminals rarely obtain firearms through legal means and often acquire them through illegal private sales, straw purchases, or theft. In contrast, law-abiding citizens must navigate financial and bureaucratic obstacles, including training requirements, waiting periods, and permit fees, to legally own a firearm. These requirements add unnecessary restrictions and financial burdens on those who intend to follow the law.
The financial aspect of gun ownership is not limited to the initial permit fees. There are also ongoing costs associated with firearm ownership, such as ammunition, storage, and maintenance. These ongoing expenses can create an additional financial strain, particularly for individuals with limited financial resources.
While the financial barriers of obtaining a gun permit are a critical consideration, it is essential to balance this with public safety concerns. Some argue that removing financial barriers through "constitutional carry" laws may compromise safety by allowing untrained and unvetted individuals to carry firearms in public places. However, proponents of "constitutional carry" assert that it protects the fundamental right to carry a firearm for self-defense, as enshrined in the Constitution.
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The removal of safety measures, training, and background checks
The National Rifle Association (NRA) and its supporters argue that constitutional carry protects the fundamental right to self-defense without government interference. They believe that law-abiding citizens should not need permission to exercise their constitutional rights. Eliminating the permit process also removes financial barriers and the potential for bias in the permitting process.
However, the removal of safety measures and training is a significant concern for opponents of constitutional carry. They argue that allowing untrained and unvetted individuals to carry concealed weapons in public compromises safety. Live-fire training, for example, ensures that gun carriers can properly and safely load and fire their weapons. The lack of safety training may lead to accidental firearm injuries and deaths, especially without safe storage practices.
While there are no federal laws mandating safety training for private citizens, some states require gun purchasers or concealed-carry permit applicants to undergo formal safety training. As of January 1, 2024, eight states and the District of Columbia had laws requiring safety training prior to purchasing or carrying a firearm. Twenty-six states and the District of Columbia mandated training for concealed-carry permits.
The impact of safety training on firearm practices and outcomes is not fully understood, and more research is needed. However, the presence of safety training may lead to improved safe handling, law compliance, and safe storage practices, potentially reducing firearm suicides, accidents, injuries, and violent crime.
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The age to carry a gun
Texas, for example, sets the age requirement to carry a gun at 21 years. However, a 2022 federal court case, Firearms Policy Coalition, Inc. et. al. v. Steven McCraw, et. al., challenged this restriction. The court ruled that 18-to-20-year-olds could not be prosecuted based solely on their age, and as a result, Texas DPS stated they would no longer deny applications for LTCs (License to Carry) solely based on age.
On the other hand, some states, like Tennessee, have faced legal challenges for prohibiting 18-to-20-year-olds from carrying a concealed firearm in public or obtaining a permit. In January 2023, the state of Tennessee entered into an agreed order, acknowledging that these restrictions were unconstitutional and pledging to no longer enforce them.
The debate surrounding the age to carry a gun is influenced by concerns over gun violence, public safety, and the interpretation of the Second Amendment. Opponents of a minimum age requirement argue that constitutional carry laws protect the fundamental right to self-defense, while supporters of age restrictions highlight the elevated risk of gun violence and suicide among young people.
While there is no federal minimum age to possess a firearm, the federal law distinguishes between long guns (rifles and shotguns) and handguns. Licensed firearms dealers are prohibited from selling or delivering handguns or ammunition to individuals under 21. Additionally, certain states, like New York, have stricter laws, prohibiting individuals under 21 from obtaining a permit or license to carry any firearm.
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The number of states that have passed constitutional carry laws
As of 2025, 29 states have passed constitutional carry laws, also known as permitless carry laws. This means that over 50% of the United States has passed laws permitting constitutional or permitless carry.
Constitutional carry grants individuals the right to carry a gun without a permit, although it does not exempt them from the responsibility of firearms ownership. In other words, individuals are still accountable for every action they take with their firearms.
The four most recent states to pass constitutional carry laws in 2024 were Louisiana, South Carolina, Florida, and Nebraska. Alabama, Ohio, Indiana, and Georgia passed similar laws in 2022, and Utah, Montana, Iowa, Tennessee, Arkansas, and Texas passed them in 2021.
It is important to note that each state determines the specific requirements and limitations on the carry of firearms within their jurisdiction. For example, some states have an age requirement of 21, while others allow military members to carry without a permit at 18. Additionally, some states may have conditional constitutional carry laws, such as requiring a permit for concealed carry but not for open carry.
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Frequently asked questions
Constitutional carry is the right to carry a gun without needing a permit. It is based on the Second Amendment's "right to bear arms".
As of 2025, there are 29 constitutional carry or permitless carry states.
Proponents of constitutional carry argue that it protects the fundamental right to carry a firearm for self-defence, as enshrined in the US Constitution. It also eliminates financial barriers and the possibility of bias in the permitting process.
Opponents of constitutional carry argue that it allows untrained and unvetted individuals to carry guns in public, which can make places like malls, supermarkets, and movie theatres less safe.
Individuals can advocate for constitutional carry in their state by writing to their legislators, expressing their support through opinion pieces in local newspapers, and contacting their member of Congress.
