Malcolm Rivera
The phrase constitutional carry refers to the Second Amendment's right to bear arms. It means that a resident does not need a state permit to carry a concealed weapon in that state. In other words, it is the right to carry a firearm, openly or concealed, at any time or place, without government licensing, registration, or training. For most of America's history, no state officially recognised the right to carry a gun without a permit. However, in 1903, Vermont became the first state to adopt permitless carry, followed by Alaska and then Arizona in April 2010. As of 2025, there are 29 constitutional carry or permitless carry states.
| Characteristics | Values |
|---|---|
| Definition | The right to bear arms without a state permit |
| Other names | Permitless carry, unrestricted carry, Vermont carry |
| States that have passed constitutional carry laws | Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Mississippi, Missouri, Montana, New Hampshire, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Utah, Vermont, West Virginia, Wyoming |
| States with constitutional carry bills introduced | Indiana, Montana, Kentucky, Tennessee, Texas, North Dakota, South Dakota, Utah, Nebraska |
| Organizations supporting constitutional carry | National Rifle Association (NRA), Gun Owners of America, Second Amendment Foundation, National Association for Gun Rights, United States Concealed Carry Association (USCCA) |
| Arguments for constitutional carry | Self-defense, restoration of rights, public safety, Second Amendment protection, reduction of red tape |
| Arguments against constitutional carry | Erosion of public safety, elimination of safety features of permit laws, disagreement with Second Amendment protection |
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What You'll Learn
- Vermont was the first state to allow constitutional carry
- The NRA supports the constitutional carry movement
- Alabama, Ohio, Indiana and Georgia passed constitutional carry laws in 2022
- In 2023, Nebraska became the 27th state to pass a constitutional carry bill
- Some states have restricted forms of permitless carry
Vermont was the first state to allow constitutional carry
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. Concealed carry means the firearm must be out of sight, for example, in a holster under a jacket or in a handbag.
Proponents of constitutional carry argue that the founding fathers intended the Second Amendment to give individual citizens a right not just to own firearms but to carry them anywhere. On this view, virtually all gun-licensing programs and constraints on carrying guns are unconstitutional, and approving the carrying of firearms without a permit is a restoration, not an expansion, of Americans' individual rights.
The push for constitutional carry is coming largely from grassroots, state-level gun activists who are moving faster than the NRA. The NRA has been happy to push for the passage of constitutional carry laws in its press releases and blog posts. However, in at least one state, local Second Amendment activists complained that the NRA gave political cover and coveted campaign endorsements to three Republicans who helped kill a constitutional-carry bill in committee last spring.
In 2022, four states—Alabama, Ohio, Indiana, and Georgia—passed constitutional carry or permitless carry laws, becoming the 22nd, 23rd, 24th, and 25th states to do so. In April 2023, Florida and Nebraska joined them, becoming the 26th and 27th constitutional carry states. In 2024, Louisiana and South Carolina became the 28th and 29th states. Over the past two decades, more than 50% of U.S. states have passed laws allowing for constitutional carry or permitless carry.
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The NRA supports the constitutional carry movement
The National Rifle Association (NRA) is America's longest-standing civil rights organization. Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the NRA. The ILA is responsible for preserving the right of all law-abiding individuals to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.
The NRA's support for constitutional carry aligns with its interpretation of the Second Amendment, which guarantees the right to keep and bear arms. The NRA believes that law-abiding citizens should have the right to defend themselves, their families, and their communities without government interference. This position is reflected in the statement of an NRA supporter regarding South Carolina's constitutional carry law: "South Carolinians should never require government permission to defend themselves, their families, and their communities. Our God-given right..."
The NRA's position on constitutional carry is not without controversy. Gun control advocates argue that unrestricted access to firearms can lead to increased gun violence and accidental shootings. They also highlight the need for proper training and licensing to ensure responsible gun ownership. However, the NRA and its supporters view constitutional carry as a fundamental right and a necessary measure to ensure personal protection and deter crime.
In addition to its support for constitutional carry, the NRA has also advocated for other gun rights issues, such as opposing gun control legislation and supporting the right of gun owners to purchase and possess firearms and ammunition without restrictions. The NRA has a significant influence on gun policy in the United States, and its lobbying efforts have played a crucial role in shaping gun laws at the state and federal levels.
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Alabama, Ohio, Indiana and Georgia passed constitutional carry laws in 2022
In 2022, Alabama, Ohio, Indiana, and Georgia passed constitutional carry laws, becoming the 22nd, 23rd, 24th, and 25th states to do so.
The passing of these laws means that these states do not prohibit individuals who can legally possess a firearm from carrying handguns, and they can do so openly or in a concealed manner without a state permit. This is known as constitutional carry, and it also includes states where individuals must meet certain qualifications to legally carry, referred to as permitless carry. For example, in Tennessee, an individual cannot carry a firearm without a permit if they have received a DUI in the last five years or two or more in the last ten years.
On March 10, 2022, Alabama Governor Kay Ivey signed House Bill 272 into law, eliminating the requirement for a permit to carry a concealed pistol or a loaded pistol in a vehicle. This bill took effect on January 1, 2023.
On March 23, 2022, Indiana Governor Eric Holcomb signed HEA 1296 into law, making Indiana the 24th state to institute constitutional carry. This law took effect on July 1, 2022, and it allows residents and non-residents 18 years of age and older to carry firearms openly or concealed without a permit.
On March 14, 2022, Ohio Governor Mike DeWine signed Senate Bill 215 into law, making Ohio the 23rd state to adopt constitutional carry laws.
On April 12, 2022, Georgia Governor Brian Kemp signed SB319 into law, which took effect immediately. This law allows residents and non-residents 21 years of age and older to carry handguns, long guns, and other weapons, including knives, openly or concealed, in public without a permit. Georgia became the 22nd state for constitutional permitless carry legislation to take effect and the 25th state overall to pass a constitutional carry bill.
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In 2023, Nebraska became the 27th state to pass a constitutional carry bill
In April 2023, Nebraska became the 27th US state to pass a constitutional carry bill. Governor Jim Pillen signed LB77 into law on April 25, 2023, which took effect on September 2, 2023, 90 days after the last legislative session day. The bill allows eligible residents to carry handguns without a permit, both openly and concealed.
Constitutional carry, also known as unrestricted or permitless 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. In other words, no state permit is required. However, it is important to note that constitutional carry may be conditional in some states. For example, a state may have no laws prohibiting the open carry of a handgun but require a permit for carrying a concealed weapon.
Prior to the passage of LB77, Nebraska residents were required to obtain a permit to carry a concealed handgun. The new law eliminates this requirement, providing residents with greater flexibility and freedom in terms of gun ownership and use. It is worth noting that the law does not affect federal requirements to purchase or own a firearm, nor does it impact previously issued permits.
The passage of the constitutional carry bill in Nebraska has been a subject of debate, with supporters and opponents expressing their views. Supporters, including the National Rifle Association (NRA), argue that it protects Americans' Second Amendment rights to bear arms and eliminates burdensome carry requirements for law-abiding citizens. On the other hand, opponents have raised concerns about gun safety and the potential for increased gun violence.
The passage of the constitutional carry bill in Nebraska is part of a broader trend in the United States, with an increasing number of states moving towards relaxing gun laws and adopting constitutional carry or permitless carry regulations. As of 2025, there are now 29 states that have passed similar legislation, with more considering following suit.
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Some states have restricted forms of permitless carry
The Second Amendment to the US Constitution gives citizens the right to bear arms. The phrase "constitutional carry", also called "permitless carry" or "unrestricted carry", means that someone can carry a concealed handgun without a license or permit. As of 2024, there are 29 states with Constitutional Carry laws. These laws vary from state to state, with some states having restricted forms of permitless carry.
In some states, permitless carry is restricted based on an individual's location, the loaded/unloaded state of the firearm, or specific persons who may carry without a permit. For instance, in Illinois, a 1996 ruling by the Fourth District Illinois Appellate Court found that carrying an unloaded handgun in a purse did not meet the definition of unlawful use of a weapon. Following this ruling, a movement started in the early 2000s called "Fanny Pack Carry", where proponents carried unloaded handguns in fanny packs to protest the state's ban on carrying loaded firearms.
Additionally, some states have restricted forms of permitless carry for individuals under the age of 21. For example, in Utah, those under 21 can carry concealed with a provisional permit or open carry if the firearm is unloaded. In North Dakota, individuals aged 18 and above can carry a concealed weapon without a permit, but they must carry a form of state-issued photo ID and inform the police about their handgun upon contact.
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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.
As of 2025, there are 29 constitutional carry or permitless carry states. These include Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Mississippi, Missouri, Montana, New Hampshire, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Utah, Vermont, West Virginia, and Wyoming.
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.
