Eleanor Finch
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. As of 2024, there are 29 states with constitutional carry laws, including Alabama, Alaska, Florida, Georgia, Indiana, and Louisiana. The right to constitutional carry is derived from the Second Amendment to the U.S. Constitution, which gives citizens the right to bear arms. While supporters of constitutional carry argue that it is a fundamental right for self-defense and should be unrestricted, others advocate for reasonable regulations, such as mandatory training and mental stability evaluations, to ensure responsible gun ownership.
| 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 to possess a firearm; some states allow military members to carry at 18 |
| Other Requirements | Able to lawfully possess a handgun per federal law (e.g. not a felon or an individual with a conviction of domestic abuse) |
| Support Arguments | Applying for a permit can be expensive and time-consuming, infringing on the Second Amendment right to bear arms; regulations can be arbitrary and redundant |
| Opposition Arguments | The constitutionality of open/concealed carry is unclear and can be misleading; reasonable regulations should be in place to ensure individuals are mentally stable and not incarcerated |
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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 U.S. Supreme Court has affirmed the right to public carry of firearms
- Some states require individuals to meet certain qualifications to legally carry
- The process of applying for a permit can be lengthy and costly
The Second Amendment to the U.S. Constitution gives citizens the right to bear arms
Constitutional carry, also known as permitless carry or unrestricted carry, refers to the legal public carrying of a handgun without a license or permit. As of 2024, 29 states allow constitutional carry, with more than 50% of the U.S. having passed laws permitting it. These laws vary by state, with some states having no restrictions on the open or concealed carry of handguns, while others may require a permit for concealed carry or have other qualifications that must be met.
The right to bear arms is a highly debated topic in the United States, with some arguing for reasonable regulations and others opposing any restrictions on gun rights. Some supporters of constitutional carry argue that the process of applying for a permit can be weaponized, with costly application fees, mandatory training courses, and extensive wait times. There are also concerns that law-abiding citizens may be unable to protect themselves during the lengthy application process. However, opponents argue that regulations exist with most rights and that training and classes are important to understand the laws and legal use of firearms.
The Supreme Court has played a significant role in shaping the interpretation of the Second Amendment. In the landmark case District of Columbia v. Heller in 2008, the Court found that self-defense was a central component of the Second Amendment and invalidated D.C.'s handgun ban. The Court further affirmed the right to keep and bear arms in the McDonald v. Chicago decision in 2010, holding that the Second and Fourteenth Amendments were fully incorporated, limiting state and local governments from enacting restrictive firearms 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 "constitutional carry" 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 regulations surrounding constitutional carry vary by state. For example, in some states, individuals must meet certain qualifications to legally carry a firearm, such as not having any DUIs in the last 10 years. Additionally, some states may have no laws prohibiting the open carry of a handgun but require a permit for concealed carry. It is important to be aware of and abide by the specific laws and regulations of your state.
The right to constitutional carry has been affirmed by several court cases, including the landmark case District of Columbia v. Heller in 2008, where the U.S. Supreme Court found that self-defense was a "central component" of the Second Amendment, and the 2010 decision McDonald v. Chicago, which held that the Second and Fourteenth Amendments were "fully incorporated", further limiting state and local governments from enacting restrictive firearms laws.
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The U.S. Supreme Court has affirmed the right to public carry of firearms
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.
In 2022, the Supreme Court further expanded gun rights in the case New York State Rifle & Pistol Association, Inc. v. Bruen. The Court affirmed a right to public carry of firearms and imposed a strict new standard of scrutiny on state-level firearms laws based on the text, history, and tradition of the Second Amendment. The decision stated that some state or local gun controls are allowed, and that the government must prove that its firearms regulation is part of the historical tradition that defines the right to keep and bear arms. This decision struck down a New York gun law that had been in place since 1913, which required individuals to show "proper cause" and a specific need to carry a concealed handgun in public. The Supreme Court's preferred method of interpreting the Constitution is originalism, which requires judges to abide by the original public meaning of the constitutional text.
As of 2025, 29 states allow constitutional carry or permitless carry, with over 50% of the U.S. population having passed laws permitting this. These include 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.
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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.
Each state determines the requirements and any limitations on the carry of firearms. For instance, in Tennessee, an individual carrying a firearm with the intent to go armed is considered to have committed a crime, and law enforcement officers can ignore affirmative defenses when deciding to detain, arrest, or charge an individual. In Florida, individuals are allowed to carry handguns and other weapons, including knives, concealed without a permit, but open carry of firearms is illegal except for hunting, fishing, and camping, and going to and from these activities.
It is important to note that constitutional carry does not exempt individuals from the responsibility of firearms ownership. Individuals are accountable for every action they take and must ensure they receive proper training and are well-versed in the relevant state gun laws to act responsibly and lawfully.
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The process of applying for a permit can be lengthy and costly
The process of applying for a permit to carry a firearm can be lengthy and costly. The application fees can run into the hundreds, and the mandatory training courses can also cost hundreds of dollars and take up several days. In addition, applicants may have to wait for months for an interview or approval, and the renewal process can be arduous.
The specific requirements for obtaining a permit vary by state. For example, some states require applicants to be 21 years old, while others allow 18-year-olds to obtain a permit. Some states also have different rules for members of the military, who may be permitted to carry a firearm at a younger age.
In some cases, the regulations and requirements for obtaining a permit can be used to prevent certain individuals from obtaining a firearm. For example, Martin Luther King was reportedly rejected for a permit even though he met all the legal requirements. Additionally, the process of applying for a permit can be exploited, as law enforcement officers have the authority to stop and question individuals carrying firearms, even if they have met all the legal requirements.
The lengthy and costly process of applying for a permit can be a matter of life and death in certain situations. For instance, there was a case where a woman was trying to buy a gun to protect herself and her children from a violent ex. While she was going through the lengthy process required by her state, her ex-partner killed her and her children.
The inefficiencies and potential biases in the permit application process have led to a growing number of states adopting constitutional carry laws. As of 2024, 29 states allow constitutional carry, which means that individuals who can legally possess a firearm are permitted to carry handguns openly or in a concealed manner without a state permit.
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Frequently asked questions
In the United States, constitutional carry, also called permitless carry, unrestricted carry, or Vermont carry, means that someone can carry a concealed handgun without a license or permit. The phrase was derived from the Second Amendment to the U.S. Constitution, which gives citizens the right to bear arms.
Some people support constitutional carry because the process of applying for a permit can be weaponized. The process can be time-consuming and costly, involving application fees, mandatory training courses, extensive wait times, and arduous renewal requirements. There are also concerns that regulations can be arbitrary and inconsistent. Supporters of constitutional carry argue that the only reasonable regulation should be that an individual is mentally stable and not currently incarcerated.
As of 2024, there are 29 states with constitutional carry laws. 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, and West Virginia.
In open carry states, a person can legally carry their firearm in a holster or attached to a sling so that it is in the open and easily accessible. In concealed carry states, a person can carry a legal weapon in their vehicle or on their person as long as it is hidden from sight. A permit may be required in some concealed carry states. Constitutional carry means that no permit is required to carry a firearm, either openly or in a concealed manner.
