Jonah Patel
In the United States, the rules for constitutional carry vary across states. Constitutional carry, also known as unrestricted or permitless carry, refers to the ability to carry a concealed handgun without a license. While some states have no restrictions on the open or concealed carry of firearms, others require individuals to meet specific qualifications, such as having no DUIs in the last 10 years. Texas, for instance, passed the Permitless Carry Bill in 2021, allowing residents to carry handguns in public places without a license. However, Texas law maintains an age requirement of 21 years for carrying a gun, and firearms are restricted in certain places, such as schools, polling places, and amusement parks. Understanding the specific regulations and potential penalties for firearm violations in each state is essential before considering carrying a weapon.
Characteristics and Values of Constitutional Carry Laws
| Characteristics | Values |
|---|---|
| Age requirement | 21 years in Texas, 18-20-year-olds may not be prosecuted based on age alone |
| Permit requirement | No permit required in unrestricted states, some states require meeting certain qualifications |
| Convictions | Prior convictions for unlawfully carrying a gun may be expunged with legal representation |
| Places where firearms are banned | Schools, polling places, airports, amusement parks, private property with owner's notice |
| Penalties | Fines, imprisonment, difficulty in obtaining a job, mortgage, or loan |
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What You'll Learn
Texas's disorderly conduct law
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.
Texas is one of the states that allow constitutional carry. As of September 1, 2021, the Firearm Carry Act of 2021, commonly known as the constitutional carry bill, allows legally eligible gun owners aged 21 and older to carry their firearms without a Texas License to Carry (LTC). However, there are several exceptions and limitations to this law:
- Individuals must be able to legally purchase and possess handguns under both federal and Texas law.
- Individuals cannot have been convicted within the last five years of certain misdemeanour crimes, including assault causing bodily injury, deadly conduct, terroristic threat, disorderly conduct - discharge, or disorderly conduct - display.
- Under HB 1927, individuals cannot carry a firearm without a license until five years have elapsed from the date of conviction for the aforementioned misdemeanour crimes.
- Felons, individuals with restraining orders, and those convicted of domestic violence are prohibited from carrying firearms under HB 1927.
- LTC holders are allowed to carry in amusement parks and nursing homes unless there is a specific notice prohibiting it.
- Employers can still prohibit employees from carrying firearms in the workplace.
- Unlicensed individuals cannot carry a firearm while intoxicated unless they are on their own property, in their vehicle, or with permission in another person's property or vehicle.
- Law enforcement officers can disarm individuals carrying firearms if they believe it is necessary for protection and can arrest them if the firearm is stolen.
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Age restrictions
The age restrictions for constitutional carry vary across different states in the US. For instance, Texas law sets the age requirement to carry a gun at 21 years of age. However, a 2022 federal court case, Firearms Policy Coalition, Inc. et. al. v. Steven McCraw, et. al., challenged the constitutionality of this restriction. The court ruled that 18-to-20-year-olds may not be prosecuted under this restriction based solely on their age. Following this ruling, the Texas Department of Public Safety (DPS) stated that they would no longer deny applications for Licences to Carry (LTCs) solely because the applicants are between 18 and 20 years old.
In a similar case in Tennessee, the Firearms Policy Coalition (FPC) sued the state in April 2021 for prohibiting 18- to 20-year-olds from carrying a concealed firearm in public or from obtaining a permit, arguing that these restrictions were unconstitutional. In January 2023, attorneys for the state of Tennessee agreed in federal court that these restrictions were indeed unconstitutional and would no longer be enforced.
While Texas and Tennessee have debated the minimum age for constitutional carry, other states have different age requirements. For example, Louisiana has a minimum age requirement of 21 years for permitless concealed carry, effective from July 4, 2024.
It is important to note that the requirements and limitations for carrying firearms are determined by each state. As such, it is advisable to refer to the specific laws and regulations of a particular state when considering the age restrictions for constitutional carry in that state.
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Permitless 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 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 vary by state. Some states are fully unrestricted, meaning no permit is required for open or concealed carry. Others allow the open carry of a firearm or handgun without a permit but require a permit for concealment. Certain states may have a limited form of permitless carry, restricted based on one or more of the following: a person's location, the loaded/unloaded state of the firearm, or the specific persons who may carry without a permit. For example, in 1996, the Fourth District Illinois Appellate Court ruled that an unloaded handgun carried in a purse did not meet the definition of unlawful use of a weapon.
As of July 3, 2021, three of these states are Illinois, New Mexico, and Washington. As of April 12, 2023, Arkansas is also a permitless carry state. Florida is the 26th state to pass a permitless concealed carry bill, allowing people to carry handguns concealed without a permit. Georgia is the 25th state to pass a constitutional carry bill, but the 22nd state for constitutional permitless carry legislation to take effect. This law allows both residents and non-residents 21 years of age and older to carry handguns, long guns, and other weapons including knives, openly or concealed, in public.
Texas is another state that has a "constitutional carry" law, which removed the requirement to have a license to carry a handgun. However, Texas law sets the age requirement to carry a gun at 21 years of age. A 2022 federal court case, Firearms Policy Coalition, Inc. v. Steven McCraw, challenged the constitutionality of this restriction. The court ruled that 18-to-20-year-olds may not be prosecuted under this restriction based solely on their age.
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Unconstitutional restrictions
In the United States, the right to keep and bear arms is protected by the Second Amendment. However, this right is not absolute, and various laws and regulations restrict an individual's ability to carry a firearm. While some states have passed laws permitting constitutional or permitless carry, allowing individuals to carry a concealed handgun without a permit, other states have implemented restrictions that have been deemed unconstitutional.
One example of an unconstitutional restriction on constitutional carry is the age requirement. In Texas, for instance, the law sets the minimum age to carry a gun at 21 years. However, in a 2022 federal court case, Firearms Policy Coalition, Inc. et. al. v. Steven McCraw, et. al., the constitutionality of this restriction was challenged. The court ruled that Texas could not prosecute 18- to 20-year-olds based solely on their age, and as a result, Texas DPS stated they would no longer deny applications for LTCs based solely on age. Similarly, in Tennessee, the Firearms Policy Coalition sued the state for prohibiting 18- to 20-year-olds from carrying a concealed firearm in public or obtaining a permit. The attorneys for Tennessee entered into an agreed order, stipulating that the state's restrictions were unconstitutional, and they would no longer be enforced.
Another example of an unconstitutional restriction is the requirement to have a license to carry a handgun. In 2021, Texas removed this requirement, allowing individuals to carry handguns without a license. This change brought Texas in line with other constitutional carry states, where no permit is required for open or concealed carry.
Additionally, some states have specific restrictions on the type of firearm that can be carried. For example, certain cities and counties in Virginia have restrictions on the open carry of loaded semi-automatic weapons with high-capacity magazines. However, these restrictions do not apply to valid concealed carry permit holders, highlighting the complex interplay between state and local laws regarding firearm regulations.
While the majority of states have passed laws permitting constitutional or permitless carry, the specific regulations vary from state to state. Some states have additional qualifications, such as no DUIs in the last 10 years, and the minimum age requirement for carrying a firearm without a permit ranges from 18 to 21 years across different states. It is important to note that constitutional carry does not grant the right to carry a firearm in certain places, such as schools, polling places, airports, and amusement parks, as outlined in state laws.
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Concealed carry
In the United States, the rules for constitutional carry vary by state. Some states are fully unrestricted, meaning no permit is required for open or concealed carry. Other states allow the open carry of a firearm without a permit but require a permit for concealment. Certain states mandate that individuals meet specific qualifications, such as having no DUIs in the last 10 years, to legally carry without a permit.
Texas, for example, passed the Permitless Carry Bill (also known as HB 1927) in 2021, which allows Texans to carry handguns in public places without a license. However, there are still limitations and restrictions to this law. Texas law sets the minimum age to carry a gun at 21 years, although an individual under the age of 21 may not be prosecuted based solely on their age. Firearms are also restricted in certain places, such as schools, polling places, airports, and amusement parks. Additionally, owners of private property can choose to ban firearms on their premises by providing notice through spoken or written communication, including signage.
It is important to note that the rules for constitutional carry can be complex and may change over time. For instance, in 2023, Tennessee entered into an agreed federal court order with the Firearms Policy Coalition (FPC) to remove restrictions prohibiting 18 to 20-year-olds from carrying concealed firearms in public. As a result, individuals in this age group can no longer be prosecuted based solely on their age in Tennessee. Therefore, it is advisable to consult with an attorney or legal professional to understand the specific regulations and requirements for concealed carry in each state.
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Frequently asked questions
Constitutional carry, also known as unrestricted or permitless carry, is where a permit is not required to carry a concealed handgun.
No, Texans can carry a handgun in a public place without a license. However, Texans who wish to get a license may still apply for one with DPS.
Yes, there are still limitations when it comes to constitutional carry laws. For example, firearms are restricted in certain places, such as schools, polling places, airports, and amusement parks. Additionally, individuals with certain convictions are prohibited from carrying a firearm.
Violating constitutional carry laws can result in serious penalties, including large fines and imprisonment. A criminal conviction for a firearm violation can also create challenges in obtaining a job, mortgage, or loan.
