Malcolm Rivera
The US has witnessed a significant shift in state gun laws, with over 50% of states now adopting constitutional carry or permitless carry laws. This means that these states do not prohibit individuals who can legally possess firearms from carrying handguns openly or in a concealed manner without a state permit. The laws vary across states, with some having no restrictions, while others require individuals to meet certain qualifications, such as no DUIs in a specified period. The shift towards constitutional carry has sparked debates among gun rights supporters, with some states facing legal challenges over the interpretation of their laws.
| Characteristics | Values |
|---|---|
| Definition | Constitutional carry means that the state’s law does not prohibit citizens who can legally possess a firearm from carrying handguns, (openly and/or in a concealed manner) thus no state permit is required. |
| Synonyms | Unrestricted carry, permitless carry |
| States with constitutional carry laws | Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Mississippi, Missouri, Montana, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Utah, Vermont, West Virginia, Wisconsin, Wyoming |
| States with permitless carry laws | Illinois, New Mexico |
| Age requirements | 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. |
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What You'll Learn
- Constitutional carry laws vary across different US states
- The minimum age to carry a handgun is 18 or 21 in most states
- Some states require individuals to meet certain qualifications to carry a firearm
- Open carry laws allow individuals to carry firearms in a holster
- Some states have abolished the need for permits to carry a concealed weapon
Constitutional carry laws vary across different US states
In the United States, the constitutional carry law varies across different states. Constitutional carry means that the state law does not prohibit citizens who can legally possess a firearm from carrying handguns, either openly or in a concealed manner, and thus no state permit is required. However, some states have conditional constitutional carry laws, where open carry of a handgun is allowed without a permit, but a permit is required to carry a concealed handgun.
As of 2025, over 50% of US states have passed laws permitting constitutional or permitless carry, with the majority of these laws being passed in the last decade. Vermont is an example of a state with unconditional constitutional carry laws, where no provision for the issue of concealed-carry licenses has ever been necessary. On the other hand, states like Tennessee have permitless carry laws, where individuals must meet certain qualifications, such as not having any DUIs in the last 5 years, to legally carry a firearm without a permit.
In 2022, four states—Alabama, Ohio, Indiana, and Georgia—passed constitutional carry or permitless carry laws, becoming the 22nd, 23rd, 24th, and 25th states to do so. In April 2023, Florida and Nebraska became the 26th and 27th states, and in 2024, Louisiana and South Carolina became the 28th and 29th states.
The specific laws and requirements for constitutional carry vary by state. For example, in Georgia, residents and non-residents aged 21 and older are allowed to carry handguns, long guns, and other weapons, including knives, openly or concealed, in public. In contrast, in Kentucky, residents and non-residents aged 21 and older can carry concealed firearms or any other weapon without a permit, while those under 21 may open carry without a permit.
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The minimum age to carry a handgun is 18 or 21 in most states
The minimum age to carry a handgun varies across different states in the US. While federal law prohibits the sale, delivery, or transfer of a handgun to anyone under the age of 18, some states have raised the minimum age to 21. This means that in most states, the minimum age to carry a handgun is either 18 or 21.
Federal law prohibits the possession of handguns by anyone under the age of 18, and licensed firearms dealers are prohibited from selling or delivering handguns to anyone under the age of 21. However, there are exceptions to these laws, and some states have implemented their own minimum age requirements. For example, in New York City, no person under the age of 21 may be granted a permit or license to purchase, possess, or carry any firearm, with certain exceptions. Similarly, states like California, Connecticut, Delaware, and Illinois, among others, have imposed a minimum age of 21 for all handgun sales, regardless of whether the seller is licensed or unlicensed.
On the other hand, some states have a minimum age of 18 for carrying a concealed handgun without a permit. For instance, Alabama allows individuals over the age of 18 to carry a concealed pistol without a permit, and open carry without a permit was already legal for residents and non-residents 18 and older before this legislation was enacted. Similarly, Arkansas law allows residents and non-residents 21 and older to carry concealed weapons without a permit, while those under 21 may open carry without a permit.
The debate around the minimum age for carrying a handgun is a contentious issue. Studies have shown that individuals between the ages of 18 and 20 are responsible for a disproportionate number of gun-related crimes and homicides. Additionally, the suicide rate among this age group has increased by 31% in the last decade. As a result, some states, like Tennessee, have challenged the minimum age requirement of 21 for carrying a concealed firearm, arguing that these restrictions are unconstitutional.
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Some states require individuals to meet certain qualifications to carry a firearm
The laws regarding the open carry of firearms vary from state to state in the United States. Some states have passed full preemption of all firearms laws, allowing open carry for all non-prohibited citizens without a permit or license. Other states require a permit or license to carry firearms openly.
Constitutional carry means that state law does not prohibit citizens who can legally possess a firearm from carrying handguns, either openly or in a concealed manner, and thus no state permit is required. Some states are fully unrestricted, meaning no permit is required for open or concealed carry. However, some states allow the open carry of a firearm without a permit but require a permit for concealment.
In some states, individuals must meet certain qualifications to carry a firearm. For example, Tennessee does not allow an individual to carry a firearm without a permit if they have received a DUI in the last five years or two or more in the last ten years. In Texas, individuals must be at least 21 years old to carry a gun, and they cannot have a felony conviction or a recent conviction for certain types of misdemeanors.
Some states, such as South Carolina, recognize safety and use-of-force training given to military personnel as acceptable in lieu of formal civilian training certification. These states may ask for a military ID or DD214 for honorably discharged persons. Active and retired law enforcement officers are generally exempt from qualification requirements due to a federal statute permitting them to carry concealed weapons.
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Open carry laws allow individuals to carry firearms in a holster
The practice of open carry has seen an increase in the United States in recent years, becoming a hotly debated topic in gun politics. In 2009, several people were seen openly carrying firearms at a rally outside a town hall meeting hosted by President Barack Obama. While the Secret Service was aware of these individuals, open carry was not prohibited by Arizona law. In another instance, a Wisconsin resident was arrested for alleged disorderly conduct while openly carrying a firearm on his property. He was later acquitted, as Wisconsin has no law dealing with the issue of unconcealed weapons.
As of 2024, over 50% of U.S. states have passed laws allowing for constitutional carry or open carry without a permit. These include Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Mississippi, Missouri, Montana, New Hampshire, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Utah, Vermont, West Virginia, and Wyoming.
While open carry is legal in many states, there are still restrictions and limitations in place. For example, some states impose age limits, criminal history conditions, or geographic limits. Additionally, certain places may be off-limits for open carry, such as schools, government buildings, or places of worship. It is important for individuals to educate themselves on the specific laws and regulations of their state regarding open carry.
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Some states have abolished the need for permits to carry a concealed weapon
In the United States, the right to bear arms is a highly debated topic. While the Second Amendment to the US Constitution protects the right to keep and bear arms, individual state laws dictate the regulations surrounding gun ownership and the carrying of weapons.
Constitutional carry, also known as unrestricted or permitless carry, refers to a state law that does not prohibit citizens who can legally possess a firearm from carrying handguns openly or in a concealed manner, thus not requiring a state permit. As of 2024, over 50% of US states have passed laws permitting constitutional or permitless carry, with 29 states allowing it as of mid-2024.
Some states have gone beyond constitutional carry and abolished the need for permits to carry a concealed weapon. These states include Alabama, Arizona, Arkansas, Florida, Georgia, Indiana, Kentucky, Louisiana, North Dakota, Ohio, South Carolina, Tennessee, and Vermont. For example, in April 2022, Georgia Governor Brian Kemp signed SB319 into law, allowing residents and non-residents aged 21 and older to carry handguns, long guns, and other weapons, including knives, openly or concealed, in public. Similarly, in March 2024, Louisiana Governor Jeff Landry signed Senate Bill 1 into law, making it the 28th state to pass legislation allowing permitless concealed carry.
While these states have abolished the need for permits for concealed carry, it is important to note that there may still be certain restrictions in place. For example, in Tennessee, there are additional qualifications that must be met for an individual to carry without a permit, such as not having a DUI in the last five years. Additionally, open carry laws may differ from concealed carry laws within a state. For instance, in Georgia, open carry of firearms was already legal before the passage of the bill allowing permitless concealed carry.
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Frequently asked questions
Constitutional carry means that the state law does not prohibit citizens who can legally possess a firearm from carrying handguns, either openly or in a concealed manner, and therefore no state permit is required.
As of 2024, 29 states allow constitutional carry.
Some states that allow constitutional carry are Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, North Dakota, Ohio, South Carolina, Tennessee, and Vermont.
When a state allows constitutional carry, it means that no permit is required to carry a firearm. When a state allows permitless carry, it means that individuals must meet certain qualifications to legally carry without a permit.
Illinois, New Mexico, and Montana have a limited form of permitless carry. In Illinois, a permit is not required to carry an unloaded and fully enclosed handgun. In New Mexico, it is legal to carry a loaded, concealed weapon while traveling in a vehicle. Montana authorizes people to carry without a permit in restricted non-populated areas.
