Constitutional Carry: May 10 Updates And Implications

As of April 25, 2023, Nebraska is the 27th US state to pass a constitutional carry bill, allowing people to carry handguns without a permit, either openly or concealed. This means that the state's law does not prohibit citizens who can legally possess a firearm from carrying handguns without a state permit. While some Second Amendment supporters are wary of vague or wide-open permitless carry legislation, the National Constitutional Carry Act has garnered support from major gun rights organizations.

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The National Constitutional Carry Act was introduced in 2024, garnering support from major gun rights organizations

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 National Constitutional Carry Act, introduced in 2024, aimed to ensure that citizens could carry firearms in public without interference from state or local governments.

The Act garnered support from major gun rights organizations, such as the National Association for Gun Rights (NAGR). Hunter King, Director of Political Affairs at NAGR, highlighted that 29 states had already adopted constitutional carry laws without leading to rampant violence or "wild west" scenarios. Instead, crime rates remained stable or showed a decline. With the backing of gun rights advocates and strong congressional supporters, the Act proposed to remove restrictions on the right to carry firearms in public.

However, it's important to note that the debate around gun control and gun rights is ongoing. Some people argue that passing PRO 2A laws, which aim to protect the right to keep and bear arms, is a mistake and that the government has infringed upon this right with various gun control laws. On the other hand, supporters of PRO 2A laws believe that passing such legislation has positive effects on restoring gun rights and ensuring citizens can defend themselves.

The interpretation of the Second Amendment has been a subject of discussion among legal experts and Supreme Court justices. In the McDonald v. Chicago case in 2010, the Supreme Court clarified that the Fourteenth Amendment incorporated the Second Amendment, affirming the right to carry firearms in public. However, Justice Ginsburg criticized the Second Amendment as "outdated", suggesting that it served a specific purpose during the nation's early years.

As of 2024, 29 states have allowed constitutional carry or permitless carry, with the most recent being Louisiana, effective July 4, 2024. This highlights a growing trend towards relaxing gun control restrictions and embracing the idea of constitutional carry across the United States.

As of 2024, 29 states have adopted constitutional carry laws, with Nebraska becoming the 27th in 2023

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. 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 laws and requirements for constitutional carry may vary by state. For example, in some states, there may be additional restrictions on the legal ability to carry without a permit, such as prohibiting individuals with a history of DUIs or domestic abuse convictions from carrying a firearm. Additionally, some states may only allow constitutional carry for residents, while others may extend the right to non-residents as well.

The adoption of constitutional carry laws has been a recent development, with 16 of the 29 states adopting these laws in the last five years. Alaska was the first state to pass constitutional carry laws in 2003, followed by Arizona in 2010, and Wyoming in 2011. The most recent states to adopt constitutional carry laws in 2024 were Louisiana and South Carolina, becoming the 28th and 29th states, respectively.

Federal laws prohibit carrying firearms in federal buildings, military bases, and other federally controlled locations

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. While the U.S. Supreme Court has interpreted the Second Amendment in the landmark case District of Columbia v. Heller in 2008, the scope and applicability of constitutional carry may vary by state.

As of April 2022, 25 states have passed constitutional carry bills, with Georgia being the 25th state to do so. Florida is the 26th state, and Nebraska is the 27th state, with Governor Jim Pillen signing LB77 into law on April 25, 2023. However, federal laws still prohibit carrying firearms in specific locations, including federal buildings, military bases, and other federally controlled areas.

Federal laws prohibit carrying firearms in federal facilities, which include buildings owned or leased by the federal government and where federal employees regularly perform their official duties. This includes rented offices, post offices, and the Capitol building. Additionally, firearms are prohibited in the sterile areas of airports, which are controlled by the Transportation Security Administration or aircraft operators through passenger and property screening.

Carrying firearms is also banned on military bases as they are considered federal property. While there are exceptions for on-duty law enforcement and specific authorizations by base commanders, federal laws generally restrict firearms on these premises.

Other federally controlled locations with firearm restrictions include Bureau of Land Management (BLM) lands and Indian reservations. On BLM lands, firearms are typically allowed if carrying them is legal in the state where the BLM land is located. However, firearms are prohibited in certain BLM areas, such as the San Pedro Riparian Zone in Arizona, the Wallace Conservation Forest in Idaho, and the Red Rock National Conservation Area in Nevada. For Indian reservations, tribal law governs the carrying of firearms, and each tribe's regulations must be consulted.

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Some states with permitless carry laws allow businesses and educational institutions to limit firearms on their premises

As of April 25, 2023, Nebraska became the 27th state to pass a constitutional carry bill, allowing people to carry handguns without a permit, either openly or concealed. This means that the state's law does not prohibit citizens who can legally possess a firearm from carrying handguns. However, Nebraska law still requires individuals to obtain a certificate from their local police chief or sheriff before acquiring a handgun.

While constitutional carry laws generally allow for the unrestricted carrying of handguns, some states with such laws still allow businesses and educational institutions to limit firearms on their premises. For example, in Utah, which became a permitless carry state in 2021, individuals with valid concealed carry permits may pick up, drop off, and store loaded firearms while on school property, but only in their vehicles. They are not authorised to carry firearms outside of their vehicles on school property. Similarly, North Carolina has allowed the carrying of firearms on church property that has a school, effective December 1, 2023.

In Hawaii, which is unique in that permits are issued by county and are only valid within that county, Honolulu has passed a bill listing places that will be off-limits to those with a carry permit. This includes the cities of Alexandria, Chesapeake, Fairfax, and Richmond, among others. These restrictions do not apply to valid concealed carry permit holders.

While permitless carry laws remove a significant barrier to carrying firearms in public, they do not apply to individuals prohibited from possessing guns under state or federal law, such as those with felony or domestic violence convictions. Federal background check laws still apply in permitless carry states, but most of these states do not require background checks for gun sales between private parties.

Florida is the 26th state to pass a permitless carry bill, allowing residents and non-residents 21+ to carry handguns without a permit

Florida has become the 26th state in the US to pass a permitless carry bill, allowing both residents and non-residents over the age of 21 to carry handguns without a permit. This law, also known as "constitutional carry", took effect on July 1, 2023, and applies to the carrying of handguns in a concealed manner only, as open carry of firearms is generally illegal in Florida.

The bill, SB150/HB543, was signed into law by Governor Ron DeSantis in April 2023, and it eliminates the previous requirement for a concealed weapons license, which included a mandatory background check and firearms training course. Now, those wishing to carry a concealed weapon in Florida must simply meet the state's other gun ownership requirements and carry valid identification at all times, which a law enforcement officer may request to see.

The new law has been met with mixed reactions, with some gun rights supporters expressing dissatisfaction with the lack of an open carry provision. However, it is important to note that Florida's new permitless carry law does not apply in certain locations, including the inside of airport passenger terminals and any place where the carrying of firearms is prohibited by federal law. Additionally, private schools have been added to the list of educational facilities that can request assistance from the local sheriff in establishing a guardian program.

The term "constitutional carry" reflects the idea that the Second Amendment to the US Constitution does not allow restrictions on gun rights, including the right to carry or bear arms. While the US Supreme Court has never extensively interpreted the Second Amendment, the landmark case District of Columbia v. Heller in 2008 was a turning point in the tapestry of conflicting gun laws that had developed across the nation. As of 2025, 27 states have passed constitutional carry bills, with Nebraska being the most recent.

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