Jonah Patel
The Second Amendment to the U.S. Constitution provides the right of the people to keep and bear arms. However, the interpretation of this amendment is highly contested, with some arguing that it protects the right to carry a concealed weapon, and others asserting that it does not. While there is no federal law pertaining to the concealed carry of firearms, each state has its own requirements and limitations on the carry of firearms, with some requiring a permit and others not. This has led to the terms constitutional carry and concealed carry being used to describe the different ways of carrying a concealed firearm in public.
| Characteristics | Values |
|---|---|
| Number of states that allow it | Constitutional carry: 25-29; Concealed carry: More than 25 |
| Permit required | Constitutional carry: No; Concealed carry: Yes |
| Training course required | Constitutional carry: No; Concealed carry: Yes |
| Written test required | Constitutional carry: No; Concealed carry: Yes |
| Fee required | Constitutional carry: No; Concealed carry: Yes |
| Application to the state required | Constitutional carry: No; Concealed carry: Yes |
| Background check required | Constitutional carry: No; Concealed carry: Sometimes |
| Fingerprinting required | Constitutional carry: No; Concealed carry: Sometimes |
| Ability to travel between states with a firearm | Constitutional carry: Limited; Concealed carry: More flexible |
| Privacy and security concerns | Constitutional carry: Fewer; Concealed carry: More |
| Ease and cost | Constitutional carry: Easier and cheaper; Concealed carry: More complicated and expensive |
| Acceptance | Constitutional carry: Less; Concealed carry: More |
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What You'll Learn
Constitutional carry laws
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. Constitutional carry laws "allow individuals to carry loaded, concealed handguns in public without first undergoing a background check, obtaining a license, or receiving any firearm training," according to the Center for American Progress.
Constitutional carry, also known as permitless carry, is the ability to carry a concealed firearm without paying a fee or acquiring a permit from one's resident state. There are currently 25 states that have constitutional carry written to allow their residents to carry a concealed handgun without acquiring a permit. The main advantage of constitutional carry is that it streamlines the process of carrying a firearm and lets people exercise their rights without government interference.
To qualify for constitutional carry in these states, you must be an individual who can legally own firearms (not a felon, have no domestic violence convictions, and in some instances, have no orders of protection/restraining orders). In addition to being an individual who can legally own firearms, some states require you to be twenty-one years old, some states only allow open carry, while others only allow concealed carry.
Constitutional carry is easier and cheaper, but more limited in scope. It attracts some drawbacks, such as limiting the ability to travel across state lines with a firearm since not all states recognize constitutional carry and some states do not honor other states' permits. Ultimately, the choice between constitutional carry and concealed carry depends on your personal preference, situation, and location.
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Concealed carry permits
The requirements for carrying a concealed firearm vary from state to state in the US. Some states require individuals to obtain a concealed carry permit, while others allow constitutional carry, also known as permitless carry.
To obtain a concealed carry permit, individuals typically need to take a training course, pass a written test, pay a fee, and submit an application to their state. Some states also require background checks, fingerprinting, and other criteria. The specific requirements vary depending on the state. For example, “shall issue” states will issue a permit as long as the individual meets all the requirements, while "may issue" states can deny a permit even if all requirements are met, deciding on a case-by-case basis.
The main benefit of obtaining a concealed carry permit is the flexibility it offers when travelling with firearms. Many states have reciprocity agreements with other states, allowing permit holders to carry their firearms in those states without needing an additional permit. For example, Michigan has reciprocity with 39 other states. However, it is important to stay up to date with state firearm laws, as they can change over time, and the requirements for permit renewal may differ from those for the initial application.
Obtaining a concealed carry permit can be a lengthy and costly process, and it may not be an option for those who cannot afford or qualify for one. Additionally, it creates a government-accessible database of gun owners, which can raise privacy and security concerns.
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State-by-state differences
State laws and requirements for carrying firearms differ across the United States. Some states allow permitless concealed carry, while others require individuals to obtain a permit. These permits are known as concealed carry licenses or CCW permits.
Constitutional carry, also called unrestricted or permitless carry, means that a state does not require its citizens to obtain a permit to carry a concealed weapon. In these states, individuals can carry a firearm without restriction from the state or local government. However, they are still subject to federal laws and qualifications, such as not being a felon or having no domestic violence convictions. As of 2024, there are 29 constitutional carry states, including 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, and Wyoming. Vermont has been a constitutional carry state since 1793, and Alaska was the first state to adopt constitutional carry legislation in 2003.
In "shall-issue" states, local authorities are required to issue concealed carry permits as long as the applicant meets basic requirements such as a minimum age, no prior felony convictions, and no recent mental institution commitments. As of 2024, 48 states, including Washington, D.C., and Puerto Rico, are shall-issue jurisdictions, some of which overlap with constitutional carry states.
In contrast, "may-issue" states have more discretion in issuing concealed weapons permits. Even if an applicant meets all the requirements, they may still be denied a permit on a case-by-case basis. New York is an example of a may-issue state, and as of June 2022, the U.S. Supreme Court ruling in New York State Rifle & Pistol Association, Inc. v. Bruen abolished may-issue criteria.
Some states, like Illinois, New Mexico, and Montana, have limited forms of concealed carry that do not require a permit. For example, in Illinois, a permit is not needed to carry an unloaded handgun that is fully enclosed, while in New Mexico, it is legal to carry a loaded, concealed weapon while travelling in a vehicle.
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Pros and cons of each
Pros and Cons of Constitutional Carry
Constitutional carry, also known as ""permitless carry", is the ability to carry a concealed firearm without a state-issued permit or license. As of March 2024, there were 29 constitutional carry states.
Pros
- It increases individual and public safety.
- The Second Amendment protects citizens' right to carry a concealed weapon without government interference.
- Permits are unnecessary red tape.
Cons
- It 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.
- It limits the ability to travel across state lines with a firearm since not all states recognize constitutional carry.
- It may create a false sense of security for gun owners who rely on their permit as a guarantee of safety.
Pros and Cons of Concealed Carry
Concealed carry is the ability to carry a concealed firearm with a state-issued permit or license. This typically involves taking a training course, passing a written test, paying a fee, and submitting an application to the state.
Pros
- It offers more flexibility for gun owners who want to travel with their firearms.
- Concealed carry permits are often recognized by other states through reciprocity agreements, allowing permit holders to carry in those states without applying for another permit.
- It ensures that gun owners are properly trained.
Cons
- It imposes additional costs and burdens on gun owners.
- It may exclude some people who cannot afford or qualify for a permit.
- It creates a database of gun owners that can be accessed by the government or hackers, raising privacy and security concerns.
- It may create complacency and overconfidence among gun owners who do not practice or update their skills regularly.
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Second Amendment
The Second Amendment to the United States Constitution is a highly debated topic, with various interpretations and court rulings over the years. The amendment 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 affirms the right to bear arms, but the scope and limitations of this right have been the subject of much discussion and legal scrutiny. The amendment has been interpreted differently over time, with the Supreme Court playing a significant role in shaping its understanding. In United States v. Cruikshank (1876), the Supreme Court ruled that the right to bear arms is not granted by the Constitution but exists independently of it, and that the Second Amendment restricts the powers of the National Government from infringing upon this right.
In the 21st century, the Second Amendment has seen renewed interest and debate. In District of Columbia v. Heller (2008), the Supreme Court ruled that the amendment protects an individual's right to keep a gun for self-defense, marking the first time the Court explicitly acknowledged an individual's right to own a gun. This was further clarified in McDonald v. Chicago (2010), where the Supreme Court applied the Second Amendment to state and local governments through the Due Process Clause of the Fourteenth Amendment.
The historical link between the English Bill of Rights and the Second Amendment has also been acknowledged. The English Bill of Rights includes the provision that arms must be as "allowed by law," indicating that gun ownership was subject to existing and future laws and enactments. The Second Amendment, similarly, codifies an existing right rather than creating a new one.
The debate around the Second Amendment continues, with organizations advocating for gun control and gun rights presenting different interpretations of the amendment's text and intent. The meaning of the amendment is further complicated by the existence of multiple versions, with capitalization and punctuation differences, as well as variations between the version passed by Congress and those ratified by the states.
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Frequently asked questions
Constitutional carry allows individuals to carry a gun without a permit, whereas concealed carry requires a permit to carry a gun that must be kept out of sight.
Constitutional carry is based on the Second Amendment’s “right to bear arms”.
No, as of March 2025, 29 states allow constitutional carry or permitless carry.
Proponents of constitutional carry argue that it increases individual and public safety, protects citizens' rights to carry a concealed weapon without government interference, and removes bureaucratic red tape.
Opponents of constitutional carry argue that it eliminates the safety features of permit laws, that 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.
