Simone Lawson
In the United States, the Second Amendment gives citizens the right to bear arms. The term constitutional carry, also known as permitless carry, unrestricted carry, or Vermont carry, refers to the legal public carrying of a handgun, either openly or concealed, without a license or permit. As of 2024, 29 states allow constitutional carry, with over 50% of the U.S. having passed laws permitting it. The benefits of constitutional carry are that it removes the time and cost barriers associated with obtaining a permit, such as application fees, mandatory training courses, and extensive wait times. However, some argue that regulations are necessary to ensure that only those who are mentally stable and not incarcerated can carry firearms.
| Characteristics | Values |
|---|---|
| Definition | The legal public carrying of a handgun, either openly or concealed, without a license or permit |
| Synonyms | Permitless carry, unrestricted carry, Vermont carry |
| Number of States Allowing | 29 |
| States Allowing | 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 years old, with some states allowing military members to carry at 18 |
| Other Requirements | No DUIs in the last 5 or 10 years, no felonies or convictions of domestic abuse |
| Support Arguments | Self-defense, reducing time-consuming requirements, avoiding redundant training and application fees, supporting Second Amendment gun rights |
| Opposition Arguments | Lack of clarity on constitutionality, need for reasonable regulations, concerns about safety and infringement on rights |
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What You'll Learn
- The Second Amendment to the U.S. Constitution gives citizens the right to bear arms
- Over 50% of U.S. states have passed constitutional carry laws
- The Heller case affirmed the right to self-defence and invalidated D.C.'s handgun ban
- Some states require individuals to meet certain qualifications to legally carry
- The process of applying for a permit can be lengthy and expensive
The Second Amendment to the U.S. Constitution gives citizens the right to bear arms
The Second Amendment to the U.S. Constitution, passed by Congress on September 25, 1789, and ratified on December 15, 1791, 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 Framers of the Constitution understood the necessity of a citizen militia to resist a potentially oppressive military if constitutional order broke down. The Second Amendment thus codified the individual right to firearm possession to combat this fear. Some historians argue that the primary reason for the Second Amendment was to prevent the need for the United States to have a professional standing army. Others say that the citizens' right to bear arms served as a necessary check in case of a tyrannical government.
In the United States, the term "constitutional carry," also called "permitless carry," "unrestricted carry," or "Vermont carry," refers to the legal public carrying of a handgun, either openly or concealed, without a license or permit. The phrase "constitutional carry" reflects the idea that the Second Amendment does not allow restrictions on gun rights, including the right to carry or bear arms.
The right to bear arms for a lawful purpose is not a right granted by the Constitution. Instead, the Second Amendment declares that it shall not be infringed upon by Congress. In United States v. Cruikshank, the Court's holding was that the Second Amendment only prevented the federal government from infringing on a person's right to bear arms. This means that the Second Amendment's guarantees do not protect people from private actors or state governments that may try to prevent them from bearing arms.
As of 2025, 29 states allow constitutional carry or permitless carry, with over 50% of the U.S. population living in these states. Some states, like Florida, allow people to carry handguns concealed without a permit, while open carry of firearms is still illegal except for certain activities like hunting and fishing. Other states, like North Dakota, allow non-residents to concealed carry under their permitless carry laws.
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Over 50% of U.S. states have passed constitutional carry laws
In the United States, the term "constitutional carry", also called "permitless carry", "unrestricted carry", or "Vermont carry", refers to the legal public carrying of a handgun, either openly or concealed, without a license or permit. The phrase reflects the idea that the Second Amendment to the U.S. Constitution does not allow restrictions on gun rights, including the right to carry or bear arms.
The specific laws and requirements for constitutional carry vary by state. For example, in some states, individuals must meet certain qualifications to legally carry, such as not having any DUIs in a specified time frame. Additionally, some states may have age requirements, such as allowing individuals who are 18 or 21 years old to possess a firearm. It is important for individuals to be aware of and comply with the specific laws and requirements in their state.
The passing of constitutional carry laws has been influenced by court decisions and lawsuits. For example, in the 2008 landmark case District of Columbia v. Heller, the U.S. Supreme Court found that self-defense was a "central component" of the Second Amendment, invalidating D.C.'s handgun ban. This was further extended by the Supreme Court in the 2010 decision McDonald v. Chicago, which held that the Second and Fourteenth Amendments were "fully incorporated", limiting state and local governments in enacting laws that restrict the right to keep and bear arms.
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The Heller case affirmed the right to self-defence and invalidated D.C.'s handgun ban
The Second Amendment to the U.S. Constitution 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." However, before the landmark District of Columbia v. Heller case in 2008, there was a complex web of conflicting laws regarding firearm possession across the nation.
In the District of Columbia v. Heller case, the U.S. Supreme Court affirmed that the Second Amendment protects an individual's right to possess a firearm, specifically for self-defence in the home. The case centred around Dick Heller, a licensed special police officer for the District of Columbia who was prohibited from possessing a handgun at home, despite being permitted to carry one at work. Heller applied for a handgun permit for his residence but was denied, which gave him standing to sue the District of Columbia.
The Supreme Court ruled in Heller's favour, striking down the District's total ban on handgun possession in the home and affirming the right to self-defence. The Court held that the Second Amendment implicitly protects the right "to use arms in defence" and that the right of self-defence is a "central component" of the right to keep and bear arms. This ruling invalidated the District's handgun ban and established that some state or local gun controls are permitted.
The Heller case set a significant precedent, influencing subsequent gun control legislation and court decisions. It affirmed the right of private citizens to possess and use ordinary weapons for lawful purposes, such as self-defence, even when not associated with a local militia. This decision has had a profound impact on the interpretation of the Second Amendment and the regulation of firearms in the United States, with over 50% of U.S. states now permitting constitutional or permitless carry.
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Some states require individuals to meet certain qualifications to legally carry
In the United States, the term "constitutional carry", also called "permitless carry", "unrestricted carry", or "Vermont carry", refers to the legal public carrying of a handgun, either openly or concealed, without a license or permit. The scope and applicability of constitutional carry may vary by state. Over 50% of the US has passed laws permitting constitutional or permitless carry.
In Washington D.C., a person must be 21 years of age or older to register a firearm. Applicants between the ages of 18 and 21 may qualify to register a long gun if they have a notarized statement from their parent or guardian, assuming civil liability for all damages resulting from the use of the firearm. An individual cannot register a firearm if they have been convicted of certain weapons offenses or felonies, or are under indictment for a crime of violence or a weapons offense.
In North Dakota, non-residents are allowed to carry under the state's permitless carry laws. However, individuals must be able to lawfully possess a handgun per federal law and meet any state requirements. For example, an individual with a conviction for domestic abuse would not be able to carry a firearm.
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The process of applying for a permit can be lengthy and expensive
The process of obtaining a gun permit can be a lengthy and expensive affair. The time taken to acquire a gun permit varies across different states. For instance, in Florida, the average processing time is around 50 days from the submission date. This time frame includes the time taken by the department to process the application, conduct background checks, and issue the license. However, it is important to note that Florida is a “constitutional carry” state, which means that its laws do 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.
The cost of obtaining a gun permit can also vary depending on the state and local regulations. In some states, counties are allowed to charge local fees in addition to the state fee. There may also be additional costs, such as fees for fingerprinting and criminal history record checks. These extra charges can quickly add up, making the process of obtaining a gun permit quite expensive.
Furthermore, the requirements and limitations on carrying firearms differ from state to state. For example, while some states may require a permit for concealed carry, others may allow open carry without a permit. It is essential to be aware of the specific laws and regulations in your state before initiating the process of obtaining a gun permit.
The application process itself can also be time-consuming and complex. It often involves submitting various documents, undergoing training or safety courses, and meeting specific qualifications, such as being a law-abiding citizen with no history of felonies or domestic abuse convictions. A history of drug or alcohol abuse can also be a disqualifying factor in obtaining a gun permit in certain states.
Overall, the process of applying for a gun permit can be lengthy and costly due to the varying state regulations, additional fees, and comprehensive application requirements. It is important for individuals to understand the specific laws and procedures in their state to navigate the process effectively.
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Frequently asked questions
Constitutional carry, also called unrestricted carry or Vermont 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, 29 states allow constitutional carry. These include Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Mississippi, Missouri, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, West Virginia, and Wyoming.
Some people support constitutional carry because the process of applying for a permit can be lengthy and costly. They argue that regulations exist with most rights and that training and classes are important to understand the laws where one lives.
Florida is the 26th state to pass a constitutional carry bill, allowing residents and non-residents 21 years or older to carry handguns and other weapons like knives, concealed, without a permit. Georgia is the 25th state to pass a constitutional carry bill.
Similar terms include unrestricted carry, permitless carry, and Vermont carry.
