Simone Lawson
In the United States, constitutional carry is the term used to describe the ability to carry a concealed firearm without a permit. In December 2021, Pennsylvania Governor Tom Wolf vetoed Senate Bill 565, which would have made Pennsylvania the 22nd state to enact constitutional carry. The bill's proponents argued that it would have enhanced the Second Amendment rights of law-abiding citizens by removing bureaucratic barriers to carrying concealed firearms. Opponents, including Governor Wolf, feared that it would increase gun violence.
| Characteristics | Values |
|---|---|
| Constitutional carry in PA | The right to keep and bear arms as stated in the Pennsylvania Constitution |
| Permit requirement | No requirement for a permit to carry a concealed firearm |
| Criminal background check | Required to purchase a firearm |
| Current status | Not legal; Governor Tom Wolf vetoed Senate Bill 565 in 2021 |
| Impact on crime rates | No significant change in murder rates in states with constitutional carry |
| Police power | The right to bear arms may be restricted in the exercise of police power for the protection of citizens |
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What You'll Learn
The right to keep and bear arms is stated in the Pennsylvania Constitution
The right to keep and bear arms is a contentious issue in the United States, with media and activist groups attempting to portray gun ownership as a criminal offence. Despite this, the right to bear arms is stated in the Pennsylvania Constitution, which predates the Second Amendment to the United States Constitution.
Article I, Section 21 of the Pennsylvania State Constitution, previously known as the Pennsylvania Declaration of Rights, states:
> "The right of the citizens to bear arms in defence of themselves and the State shall not be questioned."
This article, written in 1776, was the basis for similar constitutional clauses in other states, as well as for the Second Amendment to the United States Constitution, which was adopted in 1791. Pennsylvania's law contains some of the most strongly worded phrases regarding gun rights, law-abiding citizens, and their firearms.
While the right to bear arms in Pennsylvania is constitutionally protected, it is not without limitations. Lower courts in the state have consistently rejected challenges to gun laws, upholding that the right may be restricted "for the good order of society and the protection of citizens." For example, in the 2003 case of Lehman v. Pennsylvania State Police, the Court held that the denial of an application to purchase a rifle due to a previous conviction was not a violation of Article I, Section 21.
In recent years, there have been legislative efforts to enhance the concealed carry process for firearm owners in Pennsylvania. A proposed two-tiered system aims to streamline firearm-carrying laws, protecting citizens' Second Amendment rights while balancing public safety. The first level of this legislation would remove the requirement for Pennsylvanians to obtain a permit to carry a concealed firearm, acknowledging the right to keep and bear arms as stated in the state's constitution.
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The two-tiered system to streamline firearm carrying laws
Constitutional carry, or permitless carry, refers to the ability to carry a concealed firearm without a permit. In the US, the right to bear arms is constitutionally protected, but the courts have consistently held that this right is not unlimited and may be restricted to protect society.
In Pennsylvania, there has been a push for constitutional carry, with PA State Rep. Aaron Bernstine introducing legislation to create a two-tiered system to streamline firearm-carrying laws. The proposed system, outlined in House Bill 454, aims to balance citizens' Second Amendment rights with public safety. The first level of the legislation would remove the requirement for Pennsylvanians to obtain a permit to carry a concealed firearm, acknowledging the right to keep and bear arms as stated in the Pennsylvania Constitution. As such, any citizen who passes a criminal background check to purchase a firearm would not be subject to additional bureaucratic processes to carry their firearm concealed. This would challenge the current system, which places the burden of permits solely on lawful citizens. The second tier of the legislation creates a voluntary License to Carry a Firearm (LTCF) permit, allowing individuals to carry concealed firearms throughout Pennsylvania and in 32 other states that recognize the Pennsylvania LTCF.
The proposed two-tiered system provides more freedom and choice for law-abiding citizens who wish to carry firearms for lawful purposes without unnecessary government intervention. However, it is important to note that the right to bear arms is not absolute, and there are certain restrictions in place. For example, in Pennsylvania, a resident cannot carry a concealed firearm without a valid Pennsylvania concealed carry license, even if they have a license from a reciprocal state. Additionally, certain transfers of handguns must go through an FFL dealer, and all transfers are subject to a PIC review.
While there is ongoing debate and legal challenges regarding the right to bear arms and the implementation of constitutional carry, early data from studies in permitless concealed carry states suggests that fears of increased crime as a result of permitless carry may be unfounded. These studies have found no significant change in murder rates and a lower level of assault and robbery offenses committed with firearms after the legalization of constitutional carry.
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The impact of constitutional carry on crime rates
In February 2025, Pennsylvania State Rep. Aaron Bernstine introduced House Bill 454, which would create a two-tiered system to streamline firearm-carrying laws in the state. The first level of the legislation would remove the requirement for Pennsylvanians to obtain a permit to carry a concealed firearm, while the second tier would create a voluntary License to Carry a Firearm (LTCF) permit, allowing individuals to carry concealed firearms throughout Pennsylvania and in 32 other states.
The impact of constitutional carry laws on crime rates is a highly debated topic. Some studies have shown that such laws can lead to a reduction in violent crime rates. For example, New Hampshire saw a sharp decline in violent crime rates after the implementation of permitless carry legislation, dropping from 199.8 per 100,000 people to 125.6 per 100,000. Tennessee, Missouri, and Maine also experienced substantial decreases. Additionally, a study by Lott and Mustard (1997) concluded that states with shall-issue laws saw significant decreases in rates of violent crime, murder, rape, and assault.
However, the evidence is inconclusive, and there are also studies showing that constitutional carry laws have uncertain effects on total homicides. For instance, Alaska experienced an increase in its violent crime rate after implementing permitless carry laws, and Arizona's violent crime rate in 2022 was slightly higher than in 2010. While the overall long-term trend in Arizona showed a decrease in violent crime rates, there was a significant increase in 2022.
Further research on the impact of constitutional carry laws on crime rates is ongoing, with academics and researchers analyzing data from various states and time periods. Some studies have found no significant shifts in homicide rates when states implemented liberalized concealed carry laws, while others have reported a beneficial impact on crime and violence. The complex relationship between gun policies and crime rates continues to be a subject of debate and investigation.
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The right to carry a concealed firearm
Proponents of constitutional carry argue that it is a fundamental right for citizens to protect themselves and their families, and that law-abiding citizens should not face obstacles when exercising their constitutional rights. A two-tiered system has been proposed, which would remove the requirement for a permit to carry a concealed firearm, while still allowing for an optional License to Carry a Firearm (LTCF) permit. This would provide more freedom and choice for citizens, while also balancing public safety.
On the other hand, opponents of constitutional carry argue that the right to bear arms is not unlimited and may be restricted by police power to maintain the good order of society and protect citizens. Courts in Pennsylvania have consistently upheld the denial of firearms licenses and restrictions on the right to carry concealed firearms. Additionally, there are concerns that allowing permitless concealed carry of firearms will lead to an increase in gun violence.
However, early research on this issue suggests that these fears may be unfounded. Studies have shown no significant change in murder rates in states with constitutional carry, and in some cases, a decrease in assault and robbery offenses committed with firearms. As the debate around gun control continues, it is likely that the topic of constitutional carry will remain a subject of discussion in Pennsylvania and other states.
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The denial of firearms applications
In Pennsylvania, a License to Carry Firearms (LTCF) is required to carry a concealed firearm or have one in a vehicle. An LTCF may be obtained by residents who are 21 years of age or older. Applications are made through the sheriff of the county or the City of Philadelphia Police Department, who will investigate the applicant's background using the Pennsylvania Instant Check System (PICS). The application may be denied when there is "reason to believe" that the individual may pose a risk to public safety.
When an application is denied, individuals are notified of the denial and receive an explanation. If an application for an LTCF is denied, individuals can challenge the decision by signing a challenge form and affirming that the information provided is accurate. If the state police made a mistake, they will issue a reversal of the denial. If the denial is upheld, the decision can be appealed to the Pennsylvania Attorney General, who will hold a hearing. It is recommended that individuals seek legal counsel before challenging a denial and during the appeal hearing, as failure to raise appropriate arguments could negatively impact their rights.
There are several reasons why an individual may be denied an LTCF in Pennsylvania. Firstly, individuals with certain criminal convictions are prohibited from purchasing or possessing firearms in the state. This includes convictions for offenses such as murder, voluntary and involuntary manslaughter, aggravated assault, kidnapping, robbery, certain drug offenses, and more. Additionally, individuals who have been adjudicated as incompetent or involuntarily committed for mental health treatment are also prohibited from owning or possessing firearms.
Furthermore, individuals who are not US citizens and are in the country unlawfully are also ineligible for an LTCF. In some cases, an individual may be denied based on character and reputation, even if they have no criminal convictions. For example, failing to provide truthful information during the application process or having a history of drug-related offenses that do not result in a prohibition on firearm possession could still result in a denial of an LTCF.
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Frequently asked questions
Constitutional carry, or permitless carry, is the right to carry a concealed firearm without a permit.
No, Pennsylvania Governor Tom Wolf vetoed Senate Bill 565 in December 2021, which would have made Pennsylvania the 22nd state to enact constitutional carry.
Yes, there is legislative support for constitutional carry in Pennsylvania. In February 2025, PA State Rep. Aaron Bernstine introduced House Bill 454, which would create a two-tiered system to streamline firearm-carrying laws. The first level of the legislation would remove the requirement for Pennsylvanians to obtain a permit to carry a concealed firearm.
