Simone Lawson
The Second Amendment to the US Constitution is often cited as the authority for the right to bear arms. The phrase constitutional carry refers to the ability to carry a handgun, either openly or concealed, without a license or permit. In the US, the Second Amendment has been interpreted as not allowing restrictions on gun rights, including the right to carry or bear arms. Over 50% of the US has passed laws permitting constitutional or permitless carry, with 29 states currently allowing it. The US Supreme Court has also played a role in this, with the 2008 District of Columbia v. Heller case ruling that the Second Amendment protects the individual right to possess and carry weapons in case of confrontation.
| Characteristics | Values |
|---|---|
| Definition | The legal public carrying of a handgun, either openly or concealed, without a license or permit |
| Other names | Permitless carry, unrestricted carry, Vermont carry |
| Interpretations | The Second Amendment protects citizens' right to carry a concealed weapon without government interference; The Second Amendment does not protect the right to carry a concealed weapon |
| States that allow constitutional carry | Vermont (since 1793); Alaska (since 2003); Arizona (since 2010); Wyoming (since 2011); Kansas (since 2015); Maine (since 2015); Idaho (since 2016); Mississippi (since 2016); West Virginia (since 2016); Missouri (since 2017); New Hampshire (since 2017); North Dakota (since 2017); Kentucky (since 2019); Oklahoma (since 2019); South Dakota (since 2019); Arkansas (since 2021); Iowa (since 2021); Tennessee (since 2021); Texas (since 2021); Montana (since 2021); Utah (since 2021); Ohio (since 2022); Indiana (since 2022); Georgia (since 2022); Alabama (since 2023); Florida (since 2023); Nebraska (since 2023); Louisiana (since 2024); South Carolina (since 2024) |
| Supreme Court cases | District of Columbia v. Heller (2008); McDonald v. Chicago (2010); New York State Rifle & Pistol Association, Inc. v. Bruen (2022) |
| Other cases | "Damas de la Segunda Enmienda" Ladies of the Second Amendment class-action suit (2015); New York State Rifle & Pistol Association, Inc. v. Bruen (2022) |
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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 Second Amendment has been the subject of considerable debate, with some arguing that it creates an individual constitutional right to possess firearms, while others believe that the Framers intended to restrict Congress from legislating away a state's right to self-defence. The US Supreme Court had never extensively interpreted the Second Amendment until the landmark case District of Columbia v. Heller in 2008. This case established that the Second Amendment protects an individual's right to possess a firearm, separate from service in a militia, and that legislative bodies are restricted from prohibiting firearm possession.
The Heller case was further extended by the Supreme Court in the 2010 decision McDonald v. Chicago, which held that the Second and Fourteenth Amendments are "fully incorporated", and thus the right to "keep and bear arms" applies to the states and is not to be "watered down". This decision limited the ability of state and local governments to enact laws restricting the right to keep and bear arms for self-defence.
In recent years, there has been a notable surge in constitutional carry or permitless carry legislation across the United States, with over 50% of the country passing such laws. As of 2024, 29 states allow permitless concealed carry, with varying minimum age requirements. Vermont has been a constitutional carry state since 1793, explicitly stated in its constitution, and residents of these states do not need a permit to carry a handgun openly or concealed.
The Supreme Court's rulings in New York State Rifle & Pistol Association, Inc. v. Bruen in 2022 affirmed the right to public carry of firearms and imposed a strict new standard of scrutiny on state-level firearms laws, requiring a government wishing to place restrictions on firearm ownership to prove that its regulations are part of the historical tradition that defines the right to keep and bear arms.
Vermont's Gun Laws: Constitutional Carry and Beyond
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State laws and their variations
The right to carry a gun without a permit, or "constitutional carry", is a highly contested issue in the United States, with laws varying from state to state. The Second Amendment, which protects the right to bear arms, is central to the debate.
Constitutional carry grants the right to carry a gun without a permit, but it does not exempt individuals from the responsibility of firearms ownership. This means that individuals are accountable for every action they take and every bullet discharged from their weapon.
The interpretation of the Second Amendment and its protection of the right to carry a concealed weapon varies. Some argue that the Second Amendment does not protect this right, and that no one should be allowed to carry a concealed weapon. However, the Supreme Court ruled in District of Columbia v. Heller (2008) that the Second Amendment protects "the individual right to possess and carry weapons in case of confrontation". This was extended in McDonald v. Chicago (2010), which held that the Second and Fourteenth Amendments were "fully incorporated", and thus the right to "keep and bear arms applies to the states".
The phrase "constitutional carry" typically refers to the unrestricted carrying of a handgun, and does not usually include the carrying of long guns, knives, or other weapons. The scope and applicability of constitutional carry may vary by state. Vermont, for example, has been a constitutional carry state since 1793, with no provision for the issue of concealed-carry licenses. Other states, like Alaska, Arizona, and Wyoming, have passed constitutional carry laws more recently.
Some states have specific requirements for constitutional carry. For instance, in Arizona, individuals over 21 who are carrying a concealed weapon must accurately answer a law enforcement officer if asked whether they are carrying a concealed deadly weapon. In North Dakota, non-residents are allowed to concealed carry under the state's permitless carry laws.
As of March 2024, there were 29 constitutional carry or permitless carry states, and over 50% of the U.S. has passed laws permitting constitutional or permitless carry.
What's the Deal With Constitutional Carry?
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The Supreme Court's role and interpretation
The Heller decision was expanded in the 2010 case of McDonald v. Chicago, where the Supreme Court held that the Second and Fourteenth Amendments were "fully incorporated." This meant that the right to "keep and bear arms" was not just limited to federal restrictions but also applied to state and local governments, preventing them from enacting laws that infringe on this right. The Court affirmed that self-defense is a fundamental right recognized by the Constitution and the laws of all states.
The Supreme Court's rulings in these cases have had a significant impact on state laws regarding the concealment and carrying of firearms. Following Heller, there was a notable surge in constitutional carry or permitless carry legislation across the United States. Alaska was the first state to adopt constitutional carry in 2003, and as of 2024, over 50% of the country has passed laws permitting constitutional or permitless carry.
The Court's interpretation of the Second Amendment in these cases has been controversial, with proponents of constitutional carry arguing that it increases individual and public safety by allowing citizens to protect themselves. On the other hand, opponents argue that it eliminates the safety features of permit laws and that the Second Amendment does not protect the right to carry concealed weapons.
The Supreme Court further solidified the right to carry firearms in public with its 2022 decision in New York State Rifle & Pistol Association, Inc. v. Bruen. This case imposed a strict new standard of scrutiny on state-level firearms laws, making it more challenging for states to justify restrictions on the carrying of firearms. The Court's ruling in Bruen has been described as one of the most important gun cases in the Court's history, and it will likely have significant implications for gun regulations across the country.
The Right to Bear Arms: Denial of Constitutional Carry
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Law enforcement's powers and limitations
Law Enforcement Powers and Limitations
The Law Enforcement Officers Safety Act of 2004 (LEOSA) allows qualified law enforcement officers to carry concealed weapons in all 50 states and US territories, provided certain conditions are met. The Act also applies to retired federal law enforcement officers. However, LEOSA does not override federal laws or regulations, and it is still unlawful to carry a firearm into federal buildings, even in national parks.
LEOSA also does not override the federal Gun-Free School Zone Act (GFSZA), which prohibits carrying a firearm within 1,000 feet of elementary or secondary schools unless licensed by the state. It also does not cover private campus police or company police.
LEOSA covers state and public university and/or college campus law enforcement officers. It also includes individuals who can carry concealed firearms during a covered furlough, such as those in the Amtrak Police Department, the Federal Reserve, or the executive branch of the Federal Government.
While LEOSA does not confer a right to bear arms, it does provide limited immunity from state and local laws dealing with concealed firearms. It is important to note that qualified officers must still be aware of the laws of the state in which they are carrying concealed weapons and must carry proper identification.
State laws vary, with 27 states allowing people to carry concealed weapons without a permit as of January 1, 2024. Some states are fully unrestricted, while others require a permit for concealment but not for open carry. The Supreme Court has affirmed the right to public carry of firearms, imposing a strict standard of scrutiny on state-level firearms laws based on the Second Amendment.
Minnesota's Constitutional Carry: What's the Law?
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Pros and cons of constitutional carry
"Constitutional carry", also known as ""permitless carry", is the right to carry a concealed weapon without a permit. In the United States, this is derived from the Second Amendment's "right to bear arms".
Pros of Constitutional Carry
- The Second Amendment protects citizens' right to carry a concealed weapon without government interference.
- Permits are unnecessary red tape.
- Constitutional carry increases individual and public safety. The presence of guns in public may make it less likely for someone to commit a crime.
- People feel safer when they are able to carry a gun, especially with an increase in high-profile mass shootings across the country.
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.
- The removal of mandatory training may lead to accidental shootings, increased firearm thefts, and a fear for safety in the community.
- People may inadvertently violate the law, for example by bringing firearms into designated gun-free zones such as schools, public transport, and hospitals.
- There is a higher risk of accidental discharge.
Gun-Carrying Laws: Understanding the Complexities and Requirements
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Frequently asked questions
The phrase ""constitutional carry" refers to the Second Amendment's "right to bear arms". It means a resident does not have to obtain a state permit to carry a concealed weapon in that state.
While ""constitutional carry" usually means ""permitless carry", the latter may carry some restrictions such as no DUI convictions in the past ten years.
As of March 2024, 29 states allow constitutional 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. Vermont has been a constitutional carry state since 1793.
Proponents of constitutional carry argue that it increases individual and public safety, protects citizens' right to carry a concealed weapon without government interference, and removes the red tape of permits.
Opponents of constitutional carry argue that it eliminates the safety features of permit laws, the Second Amendment does not protect the right to carry a concealed weapon, and that no one should be allowed to carry a concealed weapon.
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