Isabella Carter
The Second Amendment to the US Constitution has been interpreted as granting the right to carry or bear arms, with self-defence deemed a central component. This has resulted in the emergence of the concept of constitutional carry, which refers to the legal public carrying of a handgun without a license or permit. As of 2025, over 50% of US states have passed laws allowing for constitutional carry, with varying requirements and limitations. However, the denial of constitutional carry in certain states has sparked debates around public safety and responsible gun ownership, with law enforcement expressing concerns about the lack of training and safety standards associated with permitless carry laws.
Characteristics and Values of Denial of Constitutional Carry
| Characteristics | Values |
|---|---|
| States with denial of constitutional carry | Arkansas, California, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Maryland, Massachusetts, New Jersey, New York, Rhode Island, and more |
| Requirements to carry a firearm | Age requirement (typically 21 years old), background check, safety training, live-fire shooting exercises, residency in the state |
| Exceptions to the denial of constitutional carry | Some states allow constitutional carry for active military, National Guard, Reserve, or honorably discharged veterans |
| Legal implications | Individuals carrying a firearm with the intent to do harm are considered to have committed a crime; law enforcement officers can ignore affirmative defenses and detain, arrest, or charge an individual for carrying a firearm |
| Public opinion | Over 80% of gun owners, non-gun owners, Republicans, Democrats, and Independents agree that high safety standards are critical for issuing concealed carry permits |
| Impact on gun laws | The U.S. Supreme Court's ruling in New York State Rifle & Pistol Association, Inc. v. Bruen imposed a strict scrutiny on state-level firearms laws, with a focus on the text, history, and tradition of the Second Amendment |
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What You'll Learn
The Second Amendment and the right to bear arms
The Second Amendment of the United States Constitution 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 interpretation of this amendment has been a subject of considerable debate, with some arguing that it grants an individual constitutional right to possess firearms, while others, subscribing to the "collective rights theory", assert that citizens do not have an individual right to possess firearms, and legislative bodies are authorised to regulate firearms without implicating a constitutional right.
The landmark case District of Columbia v. Heller in 2008 was the first time the U.S. Supreme Court extensively interpreted the Second Amendment. The Court found that self-defence was a "central component" of the Second Amendment and that some state or local gun controls are allowed. This was extended by the McDonald v. Chicago decision in 2010, which held that the Second and Fourteenth Amendments were "fully incorporated", and the right to "keep and bear arms" applies to the states. The Court further strengthened Second Amendment protections in this case, limiting state and local governments in enacting laws that restrict the right to keep and bear arms for self-defence.
The most recent development in Second Amendment jurisprudence came in the 2022 decision New York State Rifle & Pistol Association, Inc. v. Bruen, where the Supreme Court affirmed a right to the 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. This ruling abolished the "may-issue" approach, where states could issue criteria for obtaining a concealed carry permit, and affirmed that a government wishing to place restrictions on firearm ownership must "affirmatively prove that its firearms regulation is part of the historical tradition that delimits the outer bounds of the right to keep and bear arms".
As of 2025, over half of the U.S. states have passed laws allowing for constitutional carry or permitless carry, with the majority passing such laws in the last decade. These laws allow most law-abiding adults to carry a loaded concealed firearm without a permit, though certain states may impose additional restrictions.
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State-by-state variations in constitutional carry laws
In the United States, the term "constitutional 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 scope and applicability of constitutional carry may vary by state.
As of 2025, more than 50% of U.S. states, or 29 states, have passed laws allowing for constitutional carry or permitless carry. These states 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.
However, it is important to note that the laws and regulations regarding constitutional carry can vary from state to state. For example, in some states, constitutional carry may be conditional, with no laws prohibiting the open carry of a handgun but requiring a permit to carry a concealed weapon. Other states may have additional restrictions on the legal ability to carry without a permit, such as prohibiting individuals with a history of DUIs from carrying a firearm without a permit.
Additionally, the legal definition of "constitutional carry" does not exempt individuals from the responsibility of firearms ownership. Individuals are still 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.
The specific laws and regulations regarding constitutional carry can vary from state to state, and it is essential to refer to the local legislation for the most accurate and up-to-date information.
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The lack of training requirements for permitless carry
In the United States, the term "constitutional carry", also called "permitless 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 permitless concealed carry, with varying minimum age requirements. These states 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.
The dangers of permitless carry are further exacerbated by the elimination of background checks and safety training, which has been the norm for over a century. The gun lobby has successfully promoted legislation to allow people to carry concealed guns in public places without these requirements, dismantling the system of responsible gun ownership. This has resulted in an increase in the number of untrained and unvetted individuals carrying concealed guns in public spaces, including parks, shopping malls, crowded town centers, and city streets.
A study by researchers at the Johns Hopkins Center for Gun Violence Solutions at the Bloomberg School of Public Health analyzed 11 states that moved from requiring permits for concealed weapons to permitless concealed carry. The study found that the rates of violent gun assaults increased by 32% in these states. The researchers compared the violent crime rates in these states with predicted crime rates derived from data of other states with restrictive permitting requirements. This study underscores the importance of training requirements in reducing harmful outcomes from expanding concealed carry licensing.
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The impact of the 2008 District of Columbia v. Heller case
The 2008 District of Columbia v. Heller case was a landmark decision by the US Supreme Court, which ruled that the Second Amendment protects an individual's right to keep and bear arms for self-defence within the home. The case was brought by Dick Heller, a licensed special police officer for the District of Columbia, who was authorised to carry a gun while on duty but was not allowed to keep one at home. Heller lived in an area with high drug use and crime and wanted to keep a handgun at home for self-defence.
The District of Columbia had enacted the Firearms Control Regulations Act in 1975, which prohibited individual ownership of handguns and required that lawfully owned rifles and shotguns be kept "unloaded and disassembled or bound by a trigger lock". The District argued that the Second Amendment only applied to militia service and that its law was a reasonable way to prevent crime. However, the Supreme Court ruled in favour of Heller, finding that the Second Amendment protects an individual right to possess and use a gun for reasons unrelated to militia service. The Court also stated that the right to bear arms is not unlimited and that certain restrictions on gun ownership are permissible.
The Heller decision had several implications for public health policy and practice. It underscored the difficulty of regulating individual freedoms when Constitutional rights are involved, even in the face of extensive statistical evidence of health risks. The decision also raised questions about the extent to which the government can regulate firearms possession in public spaces, as the majority opinion focused primarily on the aspect of gun ownership in private homes.
The case also had potential implications for the interpretation of the Second Amendment in relation to the states. While the Bill of Rights had previously been interpreted as only applying to the federal government, the Court's introduction of the "incorporation" doctrine through the Due Process Clause of the Fourteenth Amendment left open the question of whether the Second Amendment applies to the states. This question remains unresolved and has important implications for gun control policies at the state level.
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The legality of open carry
As of 2024, 29 states allow the open carry of firearms without a permit, as long as the individual can legally possess a firearm under federal law. These states 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.
The specific laws and requirements for open carry differ across these states. For example, in Florida, open carry of firearms is illegal except for during hunting, fishing, and camping, or when going to and from these activities. In Tennessee, individuals with a DUI in the last five years or two or more DUIs in the last ten years are prohibited from carrying without a permit. In Arkansas, open carry is legal as long as the person carrying the weapon has no intent to unlawfully employ it.
Some states, like California, Colorado, Missouri, Nebraska, North Carolina, Oregon, and Tennessee, are considered anomalous open carry states, where local governments may have gun laws that differ from the state's laws or may be extremely limited. Non-permissive open carry states, such as New York and Washington D.C., only allow open carry in limited circumstances, such as while hunting or when legally used for self-defense.
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Frequently asked questions
Constitutional carry, also called permitless carry, unrestricted carry, or Vermont carry, is the legal public carrying of a handgun without a license or permit. This can be done openly or in a concealed manner.
No, denial of constitutional carry is not illegal in the United States. While the Second Amendment to the U.S. Constitution states that citizens have the right to carry or bear arms, the Supreme Court has stated that some state or local gun controls are allowed. As of 2024, 29 states allow constitutional carry.
Some states that allow constitutional carry 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.
Some states that do not allow constitutional carry include California, New York, New Jersey, and Maryland.
