Malcolm Rivera
The Constitutional Concealed Carry Reciprocity Act (H.R. 38) was introduced in 2025 by U.S. Representatives Tracey Mann and Richard Hudson. The bill would establish nationwide reciprocity for concealed carry license holders and residents of constitutional carry states, upholding their Second Amendment rights. As of March 2025, 29 states allow constitutional carry or permitless carry, with the majority passing such laws in the last decade. The effective dates of these laws vary, with some taking effect immediately and others becoming effective months after being signed into law. For example, Louisiana's constitutional carry law went into effect on July 4, 2024, while Tennessee's law became effective on July 1, 2021.
| Characteristics | Values |
|---|---|
| States that have passed constitutional carry laws | Montana, South Carolina, South Dakota, Tennessee, New Hampshire, North Dakota, Louisiana, Nebraska, North Carolina, Alabama, Alaska, Arizona, Arkansas, Florida |
| Date of most recent law | March 20, 2025 |
| Number of states with constitutional carry laws | 29 |
| Minimum age requirement | 18 or 21, depending on the state |
| Other names | Unrestricted carry, permitless carry |
| Federal bill | H.R. 38, the Constitutional Concealed Carry Reciprocity Act |
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What You'll Learn
- Constitutional carry grants the right to carry a gun without a permit
- Over half of US states have embraced constitutional carry
- The US Constitution's Second Amendment is cited in support of the right to carry
- Some states are fully unrestricted, requiring no permit for open or concealed carry
- The US Concealed Carry Association helps gun owners avoid danger and save lives
Constitutional carry grants the right to carry a gun without a permit
The right to bear arms is a highly contested issue in the United States, with proponents of gun rights citing the Second Amendment as the basis for their arguments. Constitutional carry, also known as "Vermont carry", grants individuals the right to carry a gun, either openly or concealed, without a permit. This means that the constitution is regarded as the permit to carry.
Over half of the US states have embraced constitutional carry or permitless carry laws, with the majority passing such legislation in the last decade. As of 2025, there are 29 states that allow permitless concealed carry, including Alabama, Alaska, Arizona, Arkansas, Florida, and Louisiana. The specific requirements and limitations on carrying firearms are determined by each state. For instance, in Louisiana, individuals must be 21 or older to carry a concealed firearm without a permit, while in Arkansas, the minimum age is 18.
The movement towards constitutional carry has been driven by the argument that law-abiding citizens who possess firearms should not be restricted from exercising their right to carry them. Proponents of constitutional carry assert that allowing gun owners to carry legally owned firearms without a permit makes victims safer and deters violent criminals. Additionally, some argue that a permit requirement does not make people safer, as criminals will find ways to obtain weapons regardless of the laws.
However, there have been legal challenges to constitutional carry laws. In January 2023, the Firearms Policy Coalition sued the state of Tennessee for prohibiting 18- to 20-year-olds from carrying concealed firearms in public or obtaining a permit. The coalition argued that these restrictions were unconstitutional, and the state entered into an agreed order, stipulating that the restrictions would no longer be enforced.
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Over half of US states have embraced constitutional carry
Over half of the US states have embraced constitutional carry or permitless carry, with the majority passing such laws in the last decade. The constitutional carry grants the right to carry a gun without needing a permit. However, it doesn’t exempt individuals from the responsibility of firearms ownership.
The states that have embraced constitutional carry include Alabama, Alaska, Arizona, Arkansas, Florida, Montana, Louisiana, South Carolina, South Dakota, Tennessee, New Hampshire, North Dakota, and Kentucky. Vermont has also had constitutional carry for years, with no issues. Texas, on the other hand, requires a permit for legally-owned handguns to be carried outside of limited areas such as one's home and vehicle.
In 2025, Republican representatives introduced the North Carolina Constitutional Carry Act, which was approved by the Senate and sent to the House. In the same year, the Constitutional Concealed Carry Reciprocity Act (H.R. 38) was introduced in Congress to establish nationwide reciprocity for concealed carry license holders and residents of constitutional carry states.
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.
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The US Constitution's Second Amendment is cited in support of the right to carry
The Second Amendment to the US Constitution, ratified on December 15, 1791, 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 text of the Second Amendment has been the subject of much debate, with some arguing that it was included to prevent the need for a professional standing army, while others contend that it was designed to serve as a check on a potentially tyrannical government. The Supreme Court affirmed in District of Columbia v. Heller (2008) that the right to keep and bear arms belongs to individuals, for self-defence in the home, and is not limited to militia service. The Court also acknowledged that this right is not unlimited and does not preclude certain prohibitions, such as those forbidding felons and the mentally ill from possessing firearms.
The Second Amendment is frequently cited in support of the right to carry firearms without a permit, commonly referred to as "constitutional carry". As of 2025, 29 states have passed legislation allowing permitless carry of firearms, with varying age requirements. For instance, Montana and South Carolina have enacted laws permitting anyone aged 18 or older to carry a firearm without a permit, while Louisiana requires individuals to be at least 21 years old.
Proponents of constitutional carry argue that it upholds the Second Amendment rights of law-abiding citizens and ensures they can defend themselves regardless of their location. On the other hand, opponents of constitutional carry have expressed concerns about public safety and the potential for firearms to be used for unlawful purposes. The debate surrounding the Second Amendment and the right to carry continues to be a highly contested issue in the United States, with ongoing legal challenges and legislative efforts to expand or restrict gun rights.
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Some states are fully unrestricted, requiring no permit for open or concealed carry
The terms "constitutional carry", "permitless carry", and "unrestricted carry" are often used interchangeably, but their definitions differ. Constitutional carry means that the state's law does not prohibit citizens who can legally possess a firearm from carrying handguns (openly and/or in a concealed manner), and thus no state permit is required. Some states are fully unrestricted, requiring no permit for open or concealed carry. These include Vermont, Mississippi, and New Hampshire. Vermont has never been able to restrict how one could carry a firearm due to its state constitution and state court decisions. In 2013, the Mississippi Supreme Court clarified that the right to open carry was guaranteed by the Mississippi State Constitution. In 2017, New Hampshire passed a law that eliminated the requirement for a permit for open or concealed carry of handguns for residents and non-residents aged 18 and above.
In 2015, the Commonwealth of Puerto Rico's carry and licensing regulations were struck down, eliminating the requirement to obtain a permit. In 2021, the Colorado General Assembly removed the state's preemption of firearm laws, allowing local jurisdictions to regulate the open carrying of firearms. However, Colorado does not regulate the unlicensed open carry of firearms at the state level for those aged 18 and above.
Some states allow the open carry of a firearm or handgun without a permit but require a permit for concealed carry. These include Montana, which passed a bill in 2021 that removed several "gun-free" zones and allowed permitless carry for anyone aged 18 and above. Tennessee also falls into this category, as it previously prohibited 18- to 20-year-olds from carrying a concealed firearm in public or from obtaining a permit. However, in 2023, the state's restrictions were deemed unconstitutional, and they are no longer enforced.
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The US Concealed Carry Association helps gun owners avoid danger and save lives
The US Concealed Carry Association (USCCA) is a political action committee that works to advance the interests of responsibly-armed Americans who want to keep their families safe. The USCCA highlights candidates and supports policies that promote concealed carry and the Second Amendment, protecting law-abiding citizens' natural-born right to self-defence.
The USCCA provides gun owners with the knowledge and training to protect themselves and their loved ones. They offer online training via the USCCA Protector Academy, which covers topics such as fortifying your home, improving security, and safely and effectively training with live-fire and dry fire exercises. The USCCA also educates members on state laws and changes to legislation, helping them to travel with their guns across state lines without breaking the law.
In addition to training and legal guidance, the USCCA provides members with peace of mind. Members can access a 24/7 Critical Response Team for support after a self-defence incident. The USCCA also offers self-defence liability insurance, ensuring that gun owners are protected in the event of an accident or emergency.
The USCCA is committed to simplifying the process of obtaining a concealed carry permit. They outline the specific requirements for each state, helping gun owners navigate the complex web of legislation surrounding firearm ownership. This includes keeping members informed about laws that may impact their right to carry, such as the Constitutional Concealed Carry Reciprocity Act, which aims to establish nationwide reciprocity for concealed carry license holders.
By providing education, training, and legal support, the USCCA helps gun owners avoid danger and save lives. Their focus on responsible gun ownership and self-defence empowers members to protect themselves and their loved ones, ensuring peace of mind and security.
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Frequently asked questions
Vermont has had constitutional carry for years with no issues. Due to the wording in its state constitution and decisions made by the state courts, Vermont has never been able to restrict how one could carry a firearm. No permit is required (or offered) for open carry and concealed carry, and this applies to both residents and non-residents 16+ who can legally own a firearm.
In 2011, HB 271 was introduced to allow constitutional carry. The bill passed the House with a vote of 55–45 and passed the Senate with a vote of 29–21. HB 102 also removed a number of Montana's "gun-free" zones, which previously prohibited carrying a firearm in select locations throughout the state.
On March 7, 2024, Governor Henry McMaster signed House Bill 3594 into law, allowing both open and concealed carry of weapons without a permit for resident and non-resident adults 18+. This law immediately took effect, making South Carolina the 29th state to enact constitutional carry.
