Simone Lawson
The practice of carrying a concealed weapon in public, known as concealed carry, is legal in the United States, with varying regulations depending on the state. While some states require a permit to carry a concealed weapon, others have constitutional carry, which allows individuals to carry firearms without a permit. The definition of a concealed weapon typically refers to a weapon, usually a firearm, that is hidden from ordinary view and under the person's control. The specific requirements for obtaining a concealed carry permit differ across states, with factors such as age, residency, safety courses, and background checks being considered.
| Characteristics | Values |
|---|---|
| Definition | Carrying a weapon in such a way that other people cannot see it during ordinary observation |
| Legal Definition | A firearm or dangerous weapon is considered concealed if it is carried in such a manner as to not be discernible by the ordinary observation of a passerby |
| Legal Status | Carrying a concealed weapon is illegal in most states unless the party with the weapon is a law enforcement officer or has a permit to carry a concealed weapon |
| Permit Requirement | A government-issued permit is required to carry a concealed handgun in public |
| Unrestricted Jurisdiction | One in which a permit is not required to carry a concealed handgun |
| Permitless Carry | Some states have passed constitutional (or permitless) carry, meaning no permit is needed to carry a gun concealed on one's person in their home state |
| Age Limit | The minimum age to carry a concealed weapon is 21 in most states |
| Exceptions | Retired and off-duty police officers can carry concealed weapons anywhere in the United States |
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State-specific laws
Some states have a limited form of permitless carry, with restrictions based on factors such as a person's location, the loaded/unloaded state of the firearm, or the specific persons who may carry without a permit. As of February 18, 2021, these states were Illinois, New Mexico, and Washington. Some states that allow permitless concealed carry may still impose restrictions on carrying concealed weapons in certain places and at certain times, such as during special events or large public gatherings.
Additionally, some states have enacted laws prohibiting the carrying of firearms on private property, unless the property owner or lawful occupant has granted permission. Many states also prohibit the carry of a weapon, openly or concealed, within 1,000 feet of a school zone, with exceptions for holders of valid state-issued weapons permits, retired law enforcement officers, and certain individuals with military training.
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Permits
The requirements for obtaining a concealed carry permit vary across different states. Twenty-seven of the fifty states currently maintain a constitutional carry policy, which means that they are unrestricted jurisdictions where a permit is not required to carry a concealed handgun. However, some states with permitless carry policies still issue concealed carry permits and may impose restrictions on concealed carry in certain places and/or at certain times, such as during special events or large public gatherings.
Some states have adopted a "full faith and credit" policy, treating out-of-state carry permits the same as out-of-state driver's licenses or marriage certificates without federal legislation mandating such a policy. This is known as reciprocity, where a state may accept valid and lawful licenses from other states, either outright or with additional conditions. However, some states do not participate in reciprocity and only recognize their own permits or do not offer concealed carry licenses at all.
Prior to 2010, only two states allowed people to carry concealed guns without a permit, but since then, many states have repealed this requirement. The strongest public carry policies require firearm training, including live-fire instruction, to obtain a permit. Texas, for example, requires applicants to complete a handgun proficiency course and pass an exam with a live-fire portion. Pennsylvania, on the other hand, is a shall-issue state, where concealed weapons licenses are issued at the county level by the sheriff's office or the chief of police for residents of a city of the first class.
To obtain a concealed carry permit in Pennsylvania, applicants must be 21 years of age or older, have a clean criminal record, submit a completed application, pay a fee ($20), and undergo a background check conducted by the sheriff within 45 days of application submission. The permit lasts for five years but can be revoked at any time due to criminal activity or reasonable concern. Additionally, it is only valid as long as the holder remains a resident of the issuing state and maintains a clean legal record.
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Age requirements
The age requirements for concealed carry in the United States vary across different states. While federal law sets the minimum age for carrying a concealed weapon at 18, some states have a minimum age of 21. 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, Texas LTCs are issued to residents and non-residents aged 21 and above, or 18 if they are a member or veteran of the U.S. military.
Some states, like Texas, have permitless concealed carry laws, which allow individuals over a certain age (in this case, 21) to carry a concealed weapon without a permit. However, other states, like New York, require individuals to obtain a license or permit to carry a concealed weapon.
It is important to note that states with unrestricted jurisdictions, where no permit is required for concealed carry, may still have certain restrictions. These restrictions could be based on factors such as the location of the individual, the loaded or unloaded state of the firearm, or the specific persons who are allowed to carry without a permit.
Additionally, there are minimum age requirements for purchasing firearms, which are intended to decrease access to firearms by young people and reduce suicides, homicides, and unintentional shootings among that population. These laws generally fall into four categories:
- Laws imposing a minimum age for handgun or firearm purchases.
- Laws imposing a minimum age for all long gun purchases, from licensed or unlicensed sellers.
- Laws imposing age requirements for possession of handguns.
- Laws imposing a minimum age for possession of long guns.
Overall, the age requirements for concealed carry in the United States can vary depending on the state and local laws, with some states setting the minimum age at 18 and others at 21.
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Law enforcement officers
The ability of law enforcement officers to carry concealed firearms is governed by the Law Enforcement Officers Safety Act (LEOSA), enacted in 2004. LEOSA allows qualified active, retired, or separated law enforcement officers to carry concealed firearms in any jurisdiction within the United States or its territories, regardless of state or local laws. This means that off-duty police officers who meet the requirements set forth by LEOSA are permitted to carry concealed firearms in all 50 states.
However, it is important to note that LEOSA does not grant unlimited authority to carry firearms. Officers must meet specific requirements to qualify for LEOSA, such as completing an annual firearms qualification course and being authorized by their agency to carry a firearm. Additionally, LEOSA does not exempt officers from other laws and restrictions on carrying firearms in certain locations or while under the influence of alcohol or drugs.
The specific regulations surrounding police officer concealed carry vary from state to state. While some states, like Texas and Florida, allow off-duty police officers to carry concealed firearms without any additional requirements or permits, other states, such as California and New York, mandate stricter regulations. In these states, off-duty officers must obtain separate permits or undergo additional training to carry concealed firearms. It is crucial for law enforcement officers to be well-versed in the specific regulations of their state, as non-compliance can result in criminal charges and the loss of law enforcement credentials.
The debate surrounding the Law Enforcement Officers Safety Act has led to legal disputes. In 2020, a coalition of retired federal law enforcement officers and the Federal Law Enforcement Officers Association sued the state of New Jersey for not honouring their carry rights under LEOSA. On June 21, 2022, a federal judge ruled in their favour, striking down two provisions of state law—a retired officer permit requirement and a ban on carrying hollow-point ammunition. Similarly, in 2024, the United States Court of Appeal for the Third Circuit ruled against New Jersey, holding that LEOSA pre-empts state law. These rulings reinforce the nationwide applicability of LEOSA, including in the home state of the officer.
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Types of weapons
The types of weapons that can be carried as part of concealed carry vary depending on the state. While some states limit concealed carry permits to handguns, others allow the carry of concealed weapons that may include electronic weapons, billy clubs, and knives.
In terms of handguns, there are a variety of options available for those looking for a concealed carry weapon. Some popular options include compact or sub-compact pistols, small revolvers, and derringers. When choosing a handgun for concealed carry, it is important to consider factors such as size, shootability, reliability, features (e.g. red dot ready, external safety), and cost. It is also crucial to ensure that the weapon is safely secured in a holster or other specialized concealment accessories, with the trigger covered to prevent negligent discharge.
In addition to handguns, some states allow the concealed carry of other types of weapons. For example, Arizona allows residents 21 or older to carry a loaded rifle or shotgun in their vehicle, as long as it is in a case, holster, trunk, or storage compartment. However, it is important to note that regulations regarding the concealed carry of weapons other than handguns may vary widely between states. For example, in Florida, carrying pepper spray in more than the specified volume (2 oz.) of chemical requires a CCW permit.
Furthermore, it is worth noting that certain states impose restrictions on the type and caliber of handguns that may be carried, as well as limitations on magazine size and the number of firearms that may be carried at any given time. Additionally, some states require concealed carry applicants to certify their proficiency with a firearm through training or instruction, which may include classroom and live-fire instruction.
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Frequently asked questions
Concealed carry is the practice of carrying a concealed weapon on one's person in public. A weapon carried in a holster worn on the belt or in a visible case does not fall into the concealed carry category. A firearm or dangerous weapon is considered concealed if it is not secured and is worn under clothing or carried in a bundle.
Requirements for concealed carry vary by state. Some states have a limited form of permitless carry, restricted based on the person's location, the loaded/unloaded state of the firearm, or the specific persons who may carry without a permit. Some states require a minimum age, completion of a safety course, and prohibit felons or those found mentally unstable or guilty of certain crimes to obtain a permit.
Arizona allows anyone 21 or older who is legally able to own or purchase a gun to carry it loaded and concealed without any additional permit or license. The laws in this state differ from most of the U.S. regarding gun concealment.
The Law Enforcement Officers Safety Act of 2004 allows retired and off-duty police officers to carry concealed weapons anywhere in the United States.
