Malcolm Rivera
The phrase constitutional carry refers to the Second Amendment's right to bear arms and allows residents to carry a gun without needing a state permit. As of March 2022, 29 states have constitutional carry or permitless carry laws, with 16 of those states adopting these laws in the last five years. While some argue that constitutional carry increases public safety and restores the rights of citizens as the founding fathers understood them, others argue that it massively erodes public safety and responsibility.
| Characteristics | Values |
|---|---|
| Lack of training | No requirement for firearm training |
| Lack of background checks | No background checks required |
| Increased danger | Criminals are more dangerous when they don't know who is carrying a gun |
| Financial barriers | Eliminating the permit removes financial barriers |
| Bias | Eliminating the permit removes bias in the permitting process |
| Redundancy | Eliminating the permit removes redundant bureaucracy |
| Inconsistency | Some states require a permit for non-residents |
| Inconsistency | Some states require a permit for concealed carry but not open carry |
| Inconsistency | Some states require a permit for carrying a loaded firearm in a vehicle |
| Inconsistency | Some states require a permit for carrying a firearm outside the home |
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Lack of training and licensing
The Second Amendment's "right to bear arms" is cited as the basis for constitutional carry, which allows residents to carry a concealed weapon without a state permit. In recent years, there has been a significant shift towards constitutional carry, with an increasing number of states adopting such laws. This shift has raised concerns about the lack of training and licensing requirements for individuals carrying firearms.
Constitutional carry eliminates the need for individuals to undergo training or obtain a license before carrying a concealed weapon. Previously, most states required carriers to obtain a license and provide proof of firearms knowledge or hands-on training. For example, Kentucky mandated "actual range firing of a handgun in a safe manner," while Illinois required a minimum of 16 hours of firearms training. However, with the introduction of constitutional carry, these training requirements have been eradicated in several states.
The lack of training and licensing in constitutional carry is concerning for several reasons. Firstly, it implies that individuals can legally carry a firearm with zero training or knowledge about gun safety. This could potentially lead to accidental shootings or mishandling of firearms. Secondly, the absence of licensing requirements makes it challenging to track and regulate who has access to firearms. Without a proper licensing system, it becomes difficult to ensure that firearms are not falling into the wrong hands, such as individuals with a history of violence or mental health issues.
Additionally, the lack of training and licensing can have implications for public safety. Gun-violence watchdogs argue that constitutional carry represents a significant erosion of public safety. They contend that allowing individuals to carry firearms without proper training or licensing increases the risk of gun-related incidents and makes it more challenging to hold individuals accountable for their actions. Furthermore, the lack of standardized requirements across states can lead to confusion and legal complications when individuals travel with their firearms across state lines.
While proponents of constitutional carry argue that it restores the rights of individuals as intended by the founding fathers, the lack of training and licensing requirements is a significant concern. It is essential to balance the right to bear arms with measures that ensure the safe and responsible use of firearms. Implementing standardized training and licensing protocols could help address these concerns and improve public safety while still respecting individuals' rights.
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Increased danger for criminals
One of the arguments in favour of constitutional carry is that it increases the danger for criminals. In states with constitutional carry legislation, criminals have no way of knowing who might be carrying a concealed gun. This means that what might have been a simple robbery in a non-constitutional carry state could turn fatal for the robber in a constitutional carry state.
The argument also suggests that allowing law-abiding citizens to carry firearms allows for a faster response to a shooting. It takes the police or other first responders an average of seven minutes to arrive on the scene after a 911 call, and this average increases to 14 minutes in rural areas. However, if a law-abiding person is present with a gun, the shooter may be subdued more quickly. Indeed, according to the America First Policy Institute, "of the top 10 states with the lowest violent crime rates, 5 have constitutional carry, including the 3 safest—Maine, New Hampshire, and Vermont".
However, critics of constitutional carry argue that it represents a massive erosion of public safety and responsibility. For example, gun-control groups and many political leaders in states with strict firearm restrictions are strenuously opposed to the dismantling of gun-permitting requirements. In 2013, Governor Gary Herbert of Utah vetoed a constitutional carry bill, writing, "As a State, we must exercise extreme care that we not impose undue burdens on the right to bear arms, but I have yet to receive any credible evidence that Utah’s current permit process constitutes a hardship".
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No federal consistency
The Second Amendment's "right to bear arms" is interpreted by some as allowing individuals to carry loaded, concealed handguns in public without a permit, background check, license, or firearm training. This is known as "constitutional carry".
Constitutional carry laws are not consistent across the United States. Each state determines the requirements and limitations on the carry of firearms. As of March 2025, there are 29 constitutional carry or permitless carry states, with 55% of them having adopted constitutional carry or permitless carry in the last five years. Vermont has been a constitutional carry state since 1793, and sixteen other states have joined since 2010.
Some states are fully unrestricted, meaning no permit is required for open or concealed carry. Others allow the open carry of a firearm or handgun without a permit but require a permit for concealment. Some states require individuals to meet certain qualifications, such as no DUI convictions in the last ten years, or no felony convictions.
The lack of federal consistency in constitutional carry laws can be confusing and inconvenient for individuals who wish to carry a firearm. For example, an individual from a constitutional carry state like West Virginia may need to obtain a CCL or CHL if they travel to a state with more stringent gun laws, such as Pennsylvania.
The U.S. Supreme Court's 2022 ruling in New York State Rifle & Pistol Association v. Bruen shifted New York from a may-issue state to a shall-issue state, meaning that the state will always issue a permit if basic requirements are met. This ruling influenced most of the remaining may-issue states to shift their legislation to shall-issue.
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Racial bias in permitting
The "constitutional carry" is a term that refers to the Second Amendment's "right to bear arms". It allows individuals to carry loaded, concealed handguns in public without a state permit, background check, license, or firearm training. While some see this as a safety concern, others argue that it restores minority Americans' civil right to keep and bear arms, which has historically been infringed upon.
The "right to bear arms" has not always been extended to minority groups in the United States, particularly African Americans. Many states historically created laws specifically to exclude Black people, both slaves and freedmen, from keeping or bearing arms. For example, arms restrictions on free Black people increased dramatically after Nat Turner's Rebellion in 1831, as the South became increasingly fearful of uprisings.
Even today, the permitting and licensing regimes in "may-issue" states like California, Connecticut, Delaware, Hawaii, Maryland, Massachusetts, New Jersey, New York, and Rhode Island depend entirely on the discretion of government officials. The permitting process often puts minorities at a disadvantage, as it is time-consuming and requires financial resources that not all minority groups have equal access to. As a result, the right to keep and bear arms in these states is often reserved for the wealthy, celebrities, and politically connected citizens.
Constitutional carry laws aim to address this racial bias by removing the permitting process altogether, ensuring that all law-abiding citizens, regardless of race or social status, have equal access to the right to bear arms. However, critics argue that constitutional carry eliminates the safety features of permit laws, which are designed to keep the public safe from those who should not have access to firearms.
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Reduces public safety
Constitutional carry is a term used by gun-rights advocates to describe the freedom to carry a firearm, openly or concealed, without government licensing, registration, or training. It is based on the interpretation that the Second Amendment gives individual citizens the right not just to own firearms but to carry them anywhere.
The removal of licensing, registration, and training requirements for carrying a firearm in public poses a significant risk to public safety. Without these requirements, there is no way to ensure that individuals carrying firearms are responsible, law-abiding citizens. This lack of regulation increases the potential for accidental shootings, as individuals carrying firearms may not have adequate training or knowledge of firearm safety.
Furthermore, the presence of more firearms in public spaces increases the likelihood of deadly encounters. Even in cases of self-defence, the use of a firearm can result in unnecessary fatalities. The easy accessibility of firearms also poses a risk to vulnerable individuals, such as those struggling with mental health issues or individuals with a history of domestic violence.
The argument that constitutional carry deters crime assumes that criminals will be deterred by the knowledge that others may be carrying firearms. However, this assumption ignores the fact that criminals often act impulsively or under the influence of substances, which can lead to reckless behaviour. Additionally, the presence of more firearms in society can increase the risk of firearms being stolen or falling into the wrong hands, further endangering the public.
Constitutional carry also raises concerns about systemic racism and sexism in the permitting process. By eliminating the permit requirement, there is a risk of exacerbating these issues rather than addressing them. It is crucial to address these concerns to ensure that the right to carry firearms is granted without discrimination.
In conclusion, while constitutional carry is intended to enhance public safety by allowing law-abiding citizens to carry firearms, the lack of regulation and training requirements poses a significant threat to public safety. The potential benefits of constitutional carry are outweighed by the increased risks associated with the widespread presence of firearms in public spaces.
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Frequently asked questions
Constitutional carry is the term used to describe the freedom to carry a firearm, openly or concealed, without government licensing, registration, or training.
Constitutional carry has been criticised for allowing any person to carry a pistol with zero training. This could potentially increase the number of accidental firearm discharges.
As of 2025, there are 29 constitutional carry or permitless carry states.
Examples of states with constitutional carry 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, Vermont, West Virginia, and Wyoming.
The term "constitutional carry" was rarely used in the mainstream media before 2010. The first state to grant its residents similar rights was Vermont, and it has been a constitutional carry state since 1793. In the past decade, there has been a shift towards constitutional carry, with 16 out of 29 states adopting it in the last five years.
