Eleanor Finch
In the United States, the term NRA-backed constitutional carry refers to the National Rifle Association's support for legislation that allows individuals to carry a firearm outside of their homes without obtaining a permit or license. Also known as permitless carry or unrestricted carry, this legislation asserts that the Second Amendment to the U.S. Constitution guarantees the right to carry or bear arms without restrictions. As of 2023, Nebraska became the 27th state to pass such laws, with the NRA stating that it is working to eliminate what it considers overly burdensome carry requirements that restrict law-abiding citizens. The NRA's support for constitutional carry is based on the idea that self-defence is a fundamental right that should not be limited by the need for government permission or additional fees.
| Characteristics | Values |
|---|---|
| Definition | The legal public carrying of a handgun, either openly or concealed, without a license or permit |
| Synonyms | Permitless carry, unrestricted carry, Vermont carry |
| States where it is law | 29 states, including Louisiana, South Carolina, and Nebraska |
| Requirements | Able to lawfully possess a handgun per federal law (e.g. not a felon or an individual with a conviction of domestic abuse) and any state requirements |
| Ruling | The Second Amendment to the U.S. Constitution does not allow restrictions on gun rights, including the right to carry or bear arms |
| Support | The National Rifle Association (NRA) supports constitutional carry and is working to eliminate burdensome carry requirements for law-abiding citizens |
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What You'll Learn
The NRA's support for constitutional carry
The National Rifle Association (NRA) has been a vocal supporter of constitutional carry, also known as permitless carry or unrestricted carry. This refers to the legal public carrying of a handgun, either openly or concealed, without a license or permit. The phrase "constitutional carry" reflects the NRA's interpretation of the Second Amendment, which they believe does not allow restrictions on gun rights, including the right to carry or bear arms.
Nebraska, for example, became the 27th state to pass NRA-backed constitutional carry in 2023. The NRA applauded the Nebraska legislature for recognizing the rights of law-abiding citizens and working to eliminate restrictions that they believe should only apply to criminals. The bill, which passed with a 33-14 vote, was sent to the governor for his signature, making Nebraska the latest state to join this movement.
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The legalities of carrying a firearm
The National Rifle Association (NRA) has been a key advocate for constitutional carry, also known as permitless or unrestricted carry. This refers to the legal public carrying of a handgun, either openly or concealed, without a license or permit. The NRA has successfully lobbied for constitutional carry measures in multiple states, including Nebraska, Louisiana, South Carolina, and Texas. These laws remove the requirement for law-abiding citizens to obtain a permit to carry a firearm for self-defence, reflecting the NRA's stance that individuals should be able to defend themselves without restrictions.
However, it is important to note that the legalities of carrying a firearm are not uniform across all states. While some states have adopted constitutional carry, others maintain restrictions on the open or concealed carrying of handguns. For example, Arkansas previously prohibited carrying a weapon with the intent to use it against a person, but amended this law in 2013 to allow for carrying a weapon while on a "journey," which was defined as travel beyond one's home county. Additionally, some states, like Tennessee, have age restrictions, prohibiting individuals under 21 from carrying a concealed firearm in public.
The legal landscape surrounding firearm ownership and carrying rights continues to evolve, with court decisions and legislative actions shaping the interpretation of the Second Amendment. While the NRA and its supporters advocate for fewer restrictions on carrying firearms, there are also opposing voices calling for stricter gun control measures. As a result, the legalities of carrying a firearm can be fluid, and individuals must stay informed about the specific laws and regulations in their state.
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The Second Amendment
The National Rifle Association (NRA) is a prominent lobbying organisation that works to protect the rights of Americans to purchase, possess, and use firearms as guaranteed by the Second Amendment. The NRA has been actively involved in promoting and supporting "constitutional carry" laws across the United States. Also known as "permitless carry" or "unrestricted carry," constitutional carry allows individuals to carry handguns in public, either openly or concealed, without a license or permit. The NRA argues that constitutional carry upholds the Second Amendment and ensures that law-abiding citizens can defend themselves without unnecessary government restrictions.
As of 2025, 29 states in the US have adopted constitutional carry laws, with Nebraska becoming the 27th state to pass NRA-backed constitutional carry legislation in 2023. The NRA has applauded these states for recognising the rights of law-abiding citizens to carry firearms for self-defence without additional permits or fees. However, it is important to note that the scope and applicability of constitutional carry may vary by state, and some states may have specific requirements or restrictions in place.
The interpretation of the Second Amendment and the legality of constitutional carry have been the subject of several landmark court cases. In the 2008 District of Columbia v. Heller case, the US Supreme Court found that self-defence was a central component of the Second Amendment and invalidated Washington, D.C.'s handgun ban. The Court further clarified in the 2010 McDonald v. Chicago decision that the Second and Fourteenth Amendments were fully incorporated, limiting state and local governments' ability to enact restrictive firearms laws.
The debate surrounding the Second Amendment and constitutional carry continues to be a divisive issue in American society. While supporters argue for the right to self-defence and the preservation of freedoms, opponents raise concerns about public safety and the potential for gun-related violence. As a result, there are ongoing efforts by both pro-gun and anti-gun groups to influence legislation and shape the legal landscape surrounding firearms in the United States.
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The right to self-defence
Constitutional carry upholds the right to carry a firearm for self-defence by removing the requirement for law-abiding gun owners to obtain a permit. In the United States, this refers to the legal public carrying of a handgun, either openly or concealed, without a license or permit. The Second Amendment, as interpreted by the Supreme Court in District of Columbia v. Heller (2008), affirms that self-defence is a central component, and state or local gun controls are permitted. The subsequent McDonald v. Chicago (2010) decision further emphasised that the right to keep and bear arms applies to the states and cannot be restricted by state or local governments.
The NRA's efforts have resulted in 29 states, including Nebraska, Louisiana, South Carolina, and Texas, adopting constitutional carry measures as of 2023. These laws vary by state, with some having no restrictions on open or concealed carry, while others may require a permit for concealed carry but allow open carry without a permit. For example, North Dakota's permitless carry laws allow non-residents to carry concealed firearms, removing the previous 30-day ID requirement.
The NRA's stance on constitutional carry is based on the belief that law-abiding citizens should be able to defend themselves wherever they are, as self-defence situations can arise unexpectedly. However, it's important to note that constitutional carry does not include unrestricted carrying of long guns, knives, or other weapons. Additionally, some states, like Tennessee, have faced legal challenges from groups like the Firearms Policy Coalition (FPC) regarding age restrictions on carrying concealed firearms in public.
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State-specific gun laws
Gun laws in the United States are state-based and vary from state to state. They regulate the sale, possession, and use of firearms and ammunition. As of 2024, 22 US states required background checks and/or permits for the purchase of a handgun, and 13 states had regulations on openly carrying firearms in public. Only three states fully prohibited open carry for all firearms, and four states prohibited open carry for all firearms.
Some states have enacted castle doctrine or stand-your-ground laws, which allow individuals to use deadly force in self-defence without a duty to flee or retreat. Some states require a background check when a firearm is sold by a private party, and federal law requires background checks for sales by licensed gun dealers and for any interstate sales.
The Second Amendment of the US Constitution, which states that citizens have the right to bear arms, has made it difficult to pass national gun control legislation. This has resulted in state-based gun control laws that often differ based on political perspectives. For example, some states are constitutional carry or "permitless carry" states, where the state's law does not prohibit citizens who can legally possess a firearm from carrying handguns openly or in a concealed manner, and thus no state permit is required. The scope and applicability of constitutional carry may vary by state.
The National Rifle Association (NRA) has been a significant player in influencing state-specific gun laws. The NRA has lobbied and spent considerable amounts on influencing gun laws and has been successful in blocking gun control measures in many states.
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Frequently asked questions
The National Rifle Association (NRA) backs constitutional carry, also known as permitless or unrestricted carry, which allows citizens to carry a firearm outside of their homes without obtaining a permit or additional permission from the government.
The purpose of constitutional carry is to protect the right of Americans to carry a firearm for self-defense, as guaranteed by the Second Amendment to the U.S. Constitution.
As of 2023, 29 states have adopted constitutional carry, with Nebraska becoming the 27th state to pass NRA-backed constitutional carry.
No, the scope and applicability of constitutional carry may vary by state. Some states may have certain conditions or qualifications for constitutional carry.
Examples of states with constitutional carry laws include Nebraska, Louisiana, South Carolina, Texas, and North Dakota.
