Omar Bennett
The phrase constitutional carry refers to the Second Amendment's right to bear arms. It means that a resident does not need to obtain a state permit to carry a concealed weapon in that state. In other words, it grants individuals the right to carry a gun without a permit, but it does not exempt them from the responsibilities of firearm ownership. As of March 2024, there were 29 constitutional carry or permitless carry states in the US, and over 50% of US states have passed laws allowing for constitutional carry or permitless carry.
| Characteristics | Values |
|---|---|
| Definition | The state law does not prohibit citizens who can legally possess a firearm from carrying handguns openly or in a concealed manner, thus no state permit is required. |
| Synonyms | Unrestricted, 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, New Mexico, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, West Virginia, Wisconsin, Wyoming |
| Age Requirements | 21 years or older in most states, 18 years or older in Kansas |
| Non-Resident Requirements | Non-residents 18 years or older may open carry without a permit, or conceal carry with a valid out-of-state concealed carry permit |
| History | The movement to allow constitutional carry is fairly new. The effort follows the lobbying campaign to pass "shall-issue" concealed carry laws in every state. |
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What You'll Learn
- Constitutional carry laws allow individuals to carry loaded, concealed handguns in public without a background check, license or firearm training
- In 2024, 29 states had constitutional carry or permitless carry laws
- Vermont has never required permits for carrying a firearm
- In some states, open carry of firearms is illegal, except for hunting, fishing, and camping
- Shall-issue laws require states to issue a permit as long as the applicant meets basic requirements, such as not having a felony conviction
Constitutional carry laws allow individuals to carry loaded, concealed handguns in public without a background check, license or firearm training
The "right to bear arms" is a highly debated topic in the United States, with the Second Amendment of the US Constitution guaranteeing this right. "Constitutional carry", also known as "unrestricted carry" or "permitless carry", refers to the ability of individuals to carry handguns, openly or concealed, without requiring a state permit. In other words, constitutional carry laws allow individuals to carry loaded, concealed handguns in public without a background check, license, or firearm training.
As of 2024, 29 states have passed constitutional carry or permitless carry laws, with more than 50% of US states having done so in the past two decades. These include Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Mississippi, Missouri, Montana, New Hampshire, New Mexico, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, West Virginia, and Wyoming.
The specific regulations regarding constitutional carry vary across states. For example, in Florida, individuals aged 21 or older can carry handguns and other weapons like knives concealed without a permit, while open carry of firearms is illegal except for certain activities like hunting, fishing, and camping. On the other hand, Kansas allows individuals aged 21 and above to carry concealed weapons without a permit and permits open carry at 18 years or older.
While proponents of constitutional carry argue that it deters crime and allows for a faster response to shootings, critics highlight the potential dangers of individuals carrying concealed weapons without proper training and background checks. It is important to note that even in states with constitutional carry laws, individuals are still accountable for their actions and are expected to act responsibly and lawfully.
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In 2024, 29 states had constitutional carry or permitless carry laws
In 2024, nearly half of the United States, comprising 29 states, had implemented constitutional carry or permitless carry laws. This significant shift in gun legislation allows individuals to carry a concealed handgun in public without obtaining a permit or license from the state. These laws vary across states, with some adopting more stringent requirements than others. For instance, some states mandate gun safety training or a background check as a prerequisite for constitutional carry, while others have less restrictive regulations.
Constitutional carry, also known as "permitless carry," is a type of gun legislation that eliminates the need for a permit or license to carry a concealed firearm in public. This means that as long as an individual can legally own a gun, they are permitted to carry it concealed on their person or in their vehicle without additional authorization from the state. The term "constitutional carry" stems from the interpretation that the Second Amendment of the US Constitution guarantees the right to keep and bear arms without undue government interference.
The implications of constitutional carry laws are far-reaching. For supporters of these laws, they represent an affirmation of Second Amendment rights and a simplification of the process to carry a concealed weapon. It removes the often lengthy and costly process of obtaining a permit, which can include fees, background checks, and training requirements. Opponents, however, argue that these laws undermine public safety by removing a critical layer of regulation and oversight. They contend that permitting processes help ensure that only those who are responsible and qualified carry concealed weapons.
As of 2024, the 29 states that have adopted some form of constitutional carry include: Alabama, Alaska, Arizona, Arkansas, Idaho, Iowa, Kansas, Kentucky, Maine, Mississippi, Missouri, Montana, New Hampshire, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Utah, Vermont, West Virginia, and Wyoming. Additionally, several other states are considering similar legislation or have enacted limited forms of permitless carry, indicating a growing trend toward relaxing concealed carry restrictions.
It is important to note that even in states with constitutional carry laws, there are still restrictions on who can carry a firearm and where they can carry it. For example, individuals with certain felony convictions or domestic violence restraining orders may be prohibited from possessing firearms. Additionally, carrying a firearm in certain sensitive locations, such as schools, government buildings, or airports, may still be prohibited or require additional permits.
The expansion of constitutional carry laws across the United States represents a significant shift in gun legislation, reflecting a growing emphasis on gun rights and a departure from more stringent concealed carry regulations. As the number of states adopting these laws increases, the debate surrounding the balance between gun rights and public safety continues to evolve, shaping the landscape of gun ownership and carry laws in America.
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Vermont has never required permits for carrying a firearm
Vermont law does not distinguish between residents and non-residents, allowing both to carry without a permit. However, Vermont does not have reciprocity agreements with other states, so its residents must acquire a license from another state to carry handguns outside of Vermont. Vermont also does not have a "stand your ground" law, and its gun laws restrict where civilians may carry firearms, such as courthouses, schools, and school buses.
While Vermont has lenient gun laws, it does regulate the sale, possession, and use of firearms and ammunition. For example, gun sales must be completed through a licensed firearms dealer unless the transfer is within a family, and firearms must be carried in accordance with the laws of the state one is visiting. It is also unlawful to carry a loaded firearm while intoxicated or under the influence of a controlled substance. In 2018, Vermont enacted laws requiring background checks for private sales, raising the minimum age to purchase firearms to 21, banning the sale of certain firearm magazines, banning the possession of bump stocks, and allowing police to seize guns from anyone deemed an extreme risk.
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In some states, open carry of firearms is illegal, except for hunting, fishing, and camping
In the United States, the Second Amendment grants citizens the right to keep and bear arms. However, various state laws and regulations control how this right can be exercised. "Constitutional carry" refers to a set of state laws that do not prohibit citizens who can legally possess firearms from carrying handguns openly or in a concealed manner without a state permit.
While constitutional carry grants the right to carry a gun without a permit, it does not exempt individuals from the responsibility of firearm ownership. Gun owners are accountable for every action they take and every bullet they discharge. They are expected to receive proper training and be well-versed in the relevant state gun laws to act responsibly and lawfully.
Similarly, in California, licensed hunters and fishermen are exempt from the prohibition on possessing loaded firearms and ammunition. Section 14 of California's carry law specifies that it does not apply to or affect licensed hunters or fishermen carrying pistols, revolvers, or other firearms capable of being concealed while engaged in hunting or fishing or when transporting those firearms unloaded when going to or returning from their expedition. Additionally, open carry in connection with hunting should be legal in parks, and licensed concealed carry is generally permitted in National Forests.
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Shall-issue laws require states to issue a permit as long as the applicant meets basic requirements, such as not having a felony conviction
Shall-issue laws are a precursor to constitutional carry laws, which allow individuals to carry a concealed weapon without a permit. As of 2024, 29 states have constitutional carry or permitless carry laws. These include Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Mississippi, Missouri, Montana, New Hampshire, New Mexico, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, West Virginia, and Wyoming.
Constitutional carry, also known as unrestricted or permitless carry, means that a state's law does not prohibit citizens who can legally possess a firearm from carrying handguns, either openly or concealed, without a state permit. In some states, constitutional carry may be conditional, with certain qualifications that must be met to carry a firearm without a permit. For example, in Tennessee, an individual cannot 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.
The movement to allow constitutional carry is relatively new, with lobbying initially focused on passing shall-issue laws. Once the majority of states had adopted shall-issue laws, the focus shifted to promoting constitutional carry. Vermont is unique in that it has never required permits for carrying a concealed weapon, whereas all other constitutional carry states previously had concealed-carry license requirements before adopting unrestricted carry laws.
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Frequently asked questions
Constitutional carry, also known as unrestricted or permitless carry, means that a state's law does not prohibit citizens who can legally possess a firearm from carrying handguns openly or in a concealed manner, thus no state permit is required.
As of 2024, 29 states have constitutional carry or permitless carry laws. These include Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, and more.
A pro of constitutional carry is that it increases the danger for criminals as they are unaware of who in their vicinity might be carrying a concealed gun. It also allows for a faster response to a shooting incident. However, a con is that it does not exempt individuals from the responsibility of firearms ownership. Individuals are accountable for every action they take and every round discharged from the muzzle.
