Omar Bennett
The Second Amendment of the US Constitution gives citizens the right to bear arms. Constitutional carry or permitless carry is the ability to carry a firearm without government restriction. In a constitutional carry state, there is no licensing or training required to legally carry a firearm. As of 2024, 29 states allow constitutional carry, with Florida being the 26th state to pass a permitless concealed carry bill. The constitutional carry movement has been gaining momentum, with more and more states adopting it. Proponents of constitutional carry argue that it increases individual and public safety, eliminates government bureaucracy, and protects the fundamental right to carry a firearm for self-defense. Opponents, however, argue that it eliminates the safety features of permit laws and that no one should be allowed to carry a concealed weapon.
| Characteristics | Values |
|---|---|
| Definition | Ability to carry a firearm without government restriction |
| Number of States | 29 |
| States | Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, West Virginia, Wyoming |
| Age Requirements | 18 or 21 in most states; some allow military members to carry at 18 |
| Open Carry | Allowed in some states, illegal in others |
| Pros | Increases individual and public safety, reduces government bureaucracy, trims government spending, eliminates financial barriers, eliminates possibility of bias in permitting process |
| Cons | Eliminates safety features of permit laws, goes against the Second Amendment, no one should be allowed to carry a concealed weapon |
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What You'll Learn
The Second Amendment and the right to bear arms
The Second Amendment of the United States Constitution states:
> "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 interpretation of this amendment has been a subject of considerable debate. Some believe that the phrase "the right of the people to keep and bear Arms" grants individuals the constitutional right to possess firearms without legislative bodies being able to prohibit firearm possession. This is known as the "individual right theory". On the other hand, some scholars argue that the amendment was intended only to restrict Congress from legislating away a state's right to self-defence, as indicated by the prefatory language "a well-regulated Militia". This is called the “collective rights theory”, which asserts that citizens do not have an individual right to possess guns and that legislative bodies can regulate firearms without implicating a constitutional right.
The US Supreme Court has considered the matter in United States v. Miller (1939), adopting a collective rights approach and determining that Congress could regulate firearms under the National Firearms Act of 1934. However, in McDonald v. City of Chicago (2010), the Court held that the Second and Fourteenth Amendments were "fully incorporated", affirming the right to keep and bear arms for self-defence and limiting state and local governments from enacting restrictive laws. The Court further strengthened Second Amendment protections in New York State Rifle & Pistol Association, Inc. v. Bruen (2022), imposing a strict new standard of scrutiny on state-level firearms laws based on the text, history, and tradition of the Second Amendment.
The debate surrounding the Second Amendment is closely tied to the concept of "constitutional carry", which refers to state laws that do not prohibit citizens who can legally possess a firearm from carrying handguns openly or in a concealed manner without a state permit. As of March 2024, 29 states allow permitless concealed carry, with varying age requirements. Proponents of constitutional carry argue that it increases individual and public safety, protects citizens' Second Amendment rights, and eliminates financial barriers and potential bias in the permitting process. Critics, however, argue that it eliminates the safety features of permit laws, does not protect the right to carry a concealed weapon, and poses a threat to community safety.
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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, 48 states plus D.C. are "shall-issue" states, meaning they will issue a permit as long as the applicant meets basic requirements.
Pros of Constitutional Carry
Constitutional carry increases individual and public safety. The Second Amendment protects citizens' right to carry a concealed weapon without government interference. Permits are nothing but red tape. Eliminating the permit also eliminates financial barriers and the possibility of bias in the permitting process.
Cons of Constitutional Carry
Constitutional carry eliminates the safety features of permit laws. The Second Amendment does not protect the right to carry a concealed weapon. No one should be allowed to carry a concealed weapon. Constitutional carry laws may lead to an armed society, and states will be less incentivized to offer concealed carry reciprocity.
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The impact of constitutional carry on violent crime rates
Constitutional carry, also known as unrestricted or permitless carry, allows individuals who can legally possess a firearm to carry handguns openly or concealed without a state permit. Proponents of constitutional carry argue that it increases individual and public safety by empowering individuals to defend themselves, leading to a natural decline in violent crime rates. They also cite the Second Amendment, which protects citizens' right to bear arms without government interference. Additionally, eliminating the permit requirement removes financial barriers and the possibility of bias in the permitting process.
On the other hand, opponents argue that constitutional carry eliminates the safety features provided by permit laws. They disagree with the interpretation of the Second Amendment as protecting the right to carry concealed weapons. The impact of constitutional carry on violent crime rates is uncertain, with conflicting research findings. Some studies suggest that right-to-carry laws reduce violent crime, while others find negligible effects or even increases in violent crime rates.
An analysis of states that passed constitutional carry legislation before 2022 revealed that ten out of sixteen states experienced a decline in violent crime rates. New Hampshire, Tennessee, Missouri, and Maine saw substantial decreases. However, Alaska was an outlier, with an increase in its violent crime rate. Overall, the trend in states with constitutional carry laws seems to indicate a general reduction in violent crime rates over longer periods. For instance, Arizona, Wyoming, and other states that implemented constitutional carry witnessed a decrease in violent crime rates over a decade or more.
In conclusion, the impact of constitutional carry on violent crime rates remains a subject of ongoing debate and research. While some states have seen a decline in violent crimes after implementing constitutional carry, the complex nature of the data and the multitude of factors influencing crime rates make it challenging to establish a direct causal link between constitutional carry and violent crime rates.
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The states that allow constitutional carry
Constitutional 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, and therefore no state permit is required.
Vermont has been a constitutional carry state since 1793, explicitly stated in its constitution. Vermont, however, does not have any provision for issuing concealed-carry licenses, so residents wishing to carry handguns in other states must acquire a license from a state that is valid in their destination.
As of March 7, 2024, the following states also allow constitutional carry: Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, South Carolina, Tennessee, Texas, Utah, West Virginia, and Wyoming.
In 2025, North Carolina could become the 30th state to allow constitutional carry, as a bill has been approved by the Senate committee to allow gun owners to carry concealed handguns without a permit.
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The process of obtaining a concealed carry permit
- Check State Laws: The first step is to understand the laws in your state. As of 2025, there are 29 states that allow constitutional carry or permitless carry, where a permit is not required for concealed carry. These include Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, and Wyoming. If your state is not on this list, you will likely need to obtain a permit.
- Meet the Requirements: Each state has its own set of requirements for obtaining a concealed carry permit. Common requirements include being a legal resident of the state, being of legal age (typically 18 or 21 years old), passing a background check, and completing a firearms safety course. Some states may also require a period of residency in the state or specific training requirements.
- Complete the Application: The application process will vary depending on the state. In some states, you may be able to apply online, while in others, you may need to apply in person at a local law enforcement agency or firearms licensing office. The application will typically require personal information, such as your name, address, and date of birth, as well as information about your firearms training and qualifications.
- Pay the Fees: Obtaining a concealed carry permit typically comes with associated fees. These fees may include application fees, processing fees, and fingerprinting fees. The cost of obtaining a permit can vary significantly depending on the state.
- Wait for Processing: After submitting your application, there may be a waiting period while your application is processed and reviewed by the issuing authority. This waiting period can vary depending on the state and the current demand for permits.
- Receive Your Permit: Once your application has been approved, you will receive your concealed carry permit. This permit will allow you to legally carry a concealed firearm in accordance with the laws of your state. It is important to familiarize yourself with the specific laws and regulations regarding concealed carry in your state.
It is important to note that the process of obtaining a concealed carry permit may change over time as laws and regulations are subject to change. Therefore, it is always advisable to refer to the official sources and websites for the most up-to-date information.
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Frequently asked questions
Constitutional carry is the ability to carry a firearm without government restriction. In a constitutional carry state, there is no licensing or training required to carry a firearm.
Constitutional carry is also known as permitless carry. However, some states have unlicensed carry with certain policies that restrict the method of carry or who can carry.
The argument for constitutional carry is that it increases individual and public safety, and that the Second Amendment protects citizens' right to carry a concealed weapon.
The argument against constitutional carry is that it eliminates the safety features of permit laws, and that the Second Amendment does not protect the right to carry a concealed weapon.
As of 2025, 29 states have constitutional carry laws.
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