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 a particular state. As of March 2024, there were 29 constitutional carry states, with over 50% of the US having passed laws permitting constitutional or permitless carry.
| Characteristics | Values |
|---|---|
| Definition | "Constitutional carry" refers to the Second Amendment's "right to bear arms." |
| Synonyms | Unrestricted carry, Permitless carry |
| Requirements | No permit is required to carry a concealed weapon in that state. |
| State laws | Vary based on residency requirements and may include minor regulations, including no felony convictions. |
| Number of States | 29 as of March 7, 2024 |
| Open carry | Only regulated in 13 states and three territories. |
| Age requirement | 21 years of age or older in most states. |
| Texas | Set the age requirement to carry a gun at 21 years of age, but a 2022 federal court case ruled that 18-20-year-olds may not be prosecuted based solely on their age. |
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What You'll Learn
Constitutional carry, unrestricted carry, and permitless carry
As of 2025, over half of the U.S. states, a total of 29 states, have embraced constitutional carry or permitless carry laws. The first state to pass such legislation was Alaska in 2003. Other states that have since followed include Alabama, Ohio, Indiana, Georgia, Florida, Nebraska, Louisiana, South Carolina, and many others.
It is important to note that each state determines its own requirements and limitations on the carry of firearms. For example, some states may require individuals to meet certain qualifications, such as not having a DUI in the last five years, to be eligible for permitless carry. Additionally, open carry laws vary, with some states allowing it only during specific activities like hunting or fishing, while others permit it more broadly.
While the trend towards constitutional carry or permitless carry has been significant, it is not without opposition. Gun control advocates and public safety groups have expressed concerns about the potential impact on community safety and the ability to prevent gun-related crimes.
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State laws and their variations
State laws on constitutional carry vary across 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 specific regulations and requirements for constitutional carry differ from state to state. For instance, some states, like Arizona, Florida, Georgia, Kansas, Kentucky, Louisiana, and Nebraska, allow individuals to carry handguns without a permit, both openly and concealed. On the other hand, states like North Dakota and Oklahoma permit individuals to carry concealed weapons without a license, but only allow open carry for residents. Additionally, certain states have specific age requirements, such as North Dakota and Oklahoma, which permit individuals 18 years or older to carry concealed weapons, while Florida, Georgia, and Nebraska require individuals to be 21 years or older.
Furthermore, some states have additional conditions for constitutional carry. For example, in North Dakota, individuals carrying concealed weapons without a permit must carry a form of state-issued photo ID and inform the police about their handgun upon contact. Similarly, Oklahoma's existing reciprocity recognizes any valid concealed carry license from other states, allowing non-residents to carry in the same manner as long as they have valid ID.
It is important to note that the laws and regulations regarding constitutional carry are subject to change and evolution. For instance, in 2022, four states—Alabama, Ohio, Indiana, and Georgia—passed constitutional carry laws, and in 2024, Louisiana and South Carolina became the 28th and 29th states to do so.
While the Second Amendment guarantees the right to bear arms, it is crucial for individuals to be aware of the specific laws and regulations in their respective states. These laws outline the requirements and limitations on the carry of firearms, ensuring responsible and lawful gun ownership and usage.
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The Second Amendment's right to bear arms
The Second Amendment to the US Constitution, ratified on December 15, 1791, protects the right of Americans to keep and bear arms. The text of the amendment is as follows: "A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
The Second Amendment has been a source of debate and interpretation throughout US history. Initially, it was intended to protect the right of citizens to possess weapons for self-defence, the defence of their rights, and the protection of their property. This interpretation stems from the belief that an armed citizenry is necessary to counter potential oppression by a large standing army controlled by the federal government. The notion of average citizens possessing weapons is not unique to the US and can be traced back to the English Bill of Rights of 1689, which allowed Protestant English citizens to "have arms for their defence [sic] suitable to their conditions and as allowed by law."
The Second Amendment's purpose has evolved over time. In the 19th century, there were significant changes in the US military structure, which influenced the interpretation of the amendment. By the 20th and 21st centuries, there was a surge in political and social commentaries on the Second Amendment, with various court cases and legislative actions shaping its understanding.
The right to bear arms is not absolute and is subject to certain restrictions. For example, there are laws in place that prohibit individuals with specific convictions from possessing firearms, and there are designated gun-free" zones where carrying firearms is not permitted. Additionally, the specific requirements and limitations on carrying firearms vary across different states. Some states have passed constitutional carry or permitless carry laws, which eliminate the need for a permit to carry a concealed weapon for individuals who meet certain age and other requirements.
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The pros and cons of constitutional carry
The phrase "constitutional carry" refers to the Second Amendment's "right to bear arms". It means a resident does not need a state permit to carry a concealed weapon in that state. As of March 2024, there were 48 "shall-issue" states, meaning they would issue a permit as long as the applicant met basic requirements, such as not having a felony conviction. There were also two "may-issue" states, which only issued permits based on strict requirements, and two "no-issue" territories, which refused to issue any permits.
Pros of Constitutional Carry
Constitutional carry laws protect the "fundamental right to carry a firearm for self-defence", as stated in the Second Amendment. It also eliminates the cost of obtaining a permit, which can include training, background checks, and other safety measures, making it more accessible for low-socioeconomic communities to obtain legal self-defence. Having more states accept constitutional carry laws also allows more people to carry firearms, making it more mainstream in society.
Cons of Constitutional Carry
Opponents of constitutional carry laws argue that it removes important safety measures, such as training and background checks, which could lead to firearms ending up in the wrong hands. They also argue that it may increase the availability and opportunity for criminals to purchase guns. In addition, the removal of fingerprinting requirements may make it more difficult to pursue justice and track down criminals. Finally, constitutional carry may not be a good option for those who travel often, as it limits the states in which they can carry a concealed weapon.
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The history of constitutional carry legislation
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 U.S. Supreme Court had never extensively interpreted the Second Amendment until the landmark case District of Columbia v. Heller in 2008, after which constitutional carry legislation began to gain momentum.
In 2010, Arizona became the first state to pass a constitutional carry bill, allowing residents 21 and older to carry concealed weapons without a permit. The bill was signed into law by Governor Jan Brewer on April 16, 2010, and took effect on July 29, 2010. Prior to the passage of this bill, the open carrying of firearms was already legal in Arizona.
In 2013, the Mississippi Supreme Court clarified that the Right to Open Carry was guaranteed by the Mississippi State Constitution. As a result, Mississippi passed the Unlicensed Open Carry Bill, which eliminated the requirement for a permit to open carry for residents and non-residents aged 18 and older.
In 2015, Kansas became the next state to pass a constitutional carry bill, allowing both open and concealed carry without a permit statewide for residents and non-residents aged 21 and older. The bill was signed into law by Governor Sam Brownback on April 2, 2015, and took effect on July 1, 2015.
Since then, several other states have passed constitutional carry legislation, including Georgia, Florida, Indiana, Iowa, Kentucky, and Louisiana. As of March 7, 2024, there were 29 states that allowed permitless concealed carry, with varying residency requirements and minimum age requirements. Additionally, in 2022, the U.S. Supreme Court ruled that New York's may-issue concealed carry permit law was unconstitutional, which shifted New York and several other states to shall-issue. Texas also made changes to its laws in 2021, removing the requirement for a license to carry a handgun.
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Frequently asked questions
Constitutional carry, also known as unrestricted or permitless carry, is the right to carry a gun without needing a permit. It is derived from the Second Amendment's "right to bear arms".
While constitutional carry allows individuals to carry a concealed weapon without a permit, permitless carry may carry some restrictions such as no DUI convictions in the past ten years.
As of March 2024, there were 29 constitutional carry states. Over 50% of U.S. states have passed laws permitting constitutional or permitless carry, with the majority passing in the last decade.
