Jonah Patel
The phrase constitutional carry refers to the Second Amendment's right to bear arms. In states that have constitutional carry laws, residents are not required to obtain a state permit to carry a concealed weapon. In other words, individuals can carry loaded, concealed handguns in public without undergoing a background check, obtaining a license, or receiving firearm training. As of mid-2024, 29 states allow constitutional carry, and over 50% of U.S. states have passed laws permitting constitutional or permitless carry.
| Characteristics | Values |
|---|---|
| Definition | "Constitutional carry", also known as ["unrestricted carry" or] "permitless carry", refers to the legal carrying of a handgun without a license or permit. |
| Legal Status | Over 50% of U.S. states have passed laws permitting constitutional or permitless carry. As of mid-2024, 29 states allow constitutional carry. |
| Recent Developments | In 2022, four states (Alabama, Ohio, Indiana, and Georgia) passed constitutional carry laws. In 2024, Louisiana and South Carolina became the 28th and 29th states to do so. |
| Age Requirements | Age requirements vary by state, with some requiring individuals to be 18 or older, and others requiring individuals to be 21 or older. Some states allow military members to carry at 18. |
| Residency Requirements | Requirements vary by state, with some issuing permits to both residents and non-residents, and others requiring individuals to have a valid ID proving residency. |
| Location Restrictions | Some states have restrictions on carrying firearms in certain locations, such as government property, schools, or designated "gun-free" zones. |
| Background Checks | Constitutional carry laws allow individuals to carry firearms without undergoing a background check. |
| Training Requirements | Individuals are not required to receive firearm training to carry a handgun in constitutional carry states. |
| Felony Restrictions | Constitutional carry does not allow felons or other prohibited persons to own or carry a firearm. |
Explore related products
What You'll Learn
- Over half of US states have embraced constitutional carry laws
- There are differences between constitutional carry, unrestricted carry, and permitless carry
- Some states have an age requirement of 21 but allow military members to carry at 18
- Kansas will continue to issue permits so that residents may carry in other states
- Illinois, New Mexico, and Montana have a limited form of constitutional carry
Over half of US states have embraced constitutional carry laws
The phrase “constitutional carry” refers to the Second Amendment's "right to bear arms". In states with constitutional carry laws, residents do not need to obtain a state permit to carry a concealed weapon. This means that individuals can carry loaded, concealed handguns in public without undergoing a background check, obtaining a license, or receiving firearm training.
As of 2024, over half of US states—or 29 states—have passed laws permitting constitutional carry or unrestricted carry. Alabama, Ohio, Indiana, Georgia, Florida, Nebraska, Louisiana, and South Carolina are among the states that have passed such laws in the last two decades.
Constitutional carry laws vary from state to state. For example, in Kansas, residents and non-residents aged 21 and older can carry concealed weapons without a permit, while those aged 18 and older can open carry without a permit. In Oklahoma, residents and non-residents aged 21 and older (or 18 and older and in the military) can open or concealed carry without a permit. In Montana, individuals aged 18 and older can carry firearms without a permit, but only in restricted non-populated areas.
Supporters of constitutional carry argue that it eliminates the possibility of bias in the permitting process and reduces the financial burden of obtaining a permit, making self-defense more accessible to law-abiding citizens. However, critics argue that constitutional carry laws can lead to an increase in crime and raise concerns about public safety.
New Hampshire's Constitutional Carry: What's the Law?
You may want to see also
There are differences between constitutional carry, unrestricted carry, and permitless carry
The terms "constitutional carry", "unrestricted carry", and "permitless carry" are often used interchangeably, but they have distinct meanings and nuances.
"Constitutional carry" is a broad term that refers to laws allowing individuals to carry a handgun openly or concealed without a permit, as long as they are legally allowed to possess a firearm. This means that constitutional carry does not require individuals to obtain a separate permit specifically for carrying a handgun, as the right to carry is guaranteed by the state's constitution. However, it is important to note that constitutional carry laws can vary from state to state, with some states imposing certain restrictions or conditions. For example, some states may only allow constitutional carry for citizens, while others may extend it to anyone within state borders.
"Permitless carry", on the other hand, refers to a specific type of policy where the state allows individuals to carry firearms openly or concealed without a permit, as long as they meet certain qualifications or criteria. These criteria may include age requirements, location restrictions, or legal history, such as not having a DUI in the past five years. Permitless carry is a more specific term than constitutional carry, indicating that the state has removed the requirement for a permit but may still have other regulations in place.
"Unrestricted carry" is a term used to describe states with more lenient gun laws, where a permit is not required to carry a concealed handgun. This term implies that there are fewer restrictions on the carrying of firearms compared to other states with more stringent gun control measures. Unrestricted carry suggests a higher level of freedom for individuals to possess and carry firearms without the need for government-issued permits.
While there are differences between these terms, they are often used interchangeably, and the specific laws and regulations can vary significantly from state to state. It is important for individuals to understand the specific laws and requirements of their state before carrying a firearm, as the legal implications can be complex and carry significant consequences.
Pennsylvania's Constitutional Carry: What's the Law?
You may want to see also
Some states have an age requirement of 21 but allow military members to carry at 18
In the United States, the right to keep and bear arms is protected by the Second Amendment. However, each state has the authority to establish its own laws and restrictions regarding the possession and transportation of firearms. This has resulted in a variety of laws and regulations across the country, including differing age requirements for carrying a concealed weapon.
While some states have an age requirement of 21 for carrying a concealed weapon, they may allow active-duty military members or veterans to carry at the age of 18. For example, in Oklahoma, both residents and non-residents aged 21 and above are permitted to openly or covertly carry a firearm without a permit. However, the state also allows individuals aged 18 and above who are serving or have served in the military to carry a firearm without a permit. This exception recognises the training and experience that military members receive in the use of firearms.
Montana is another state with similar legislation. In 2021, Montana passed a law allowing individuals aged 18 and above to carry a firearm without a permit. This made Montana the 18th state to allow permitless carry of a firearm for those aged 18 and over. Prior to this law, Montana had several "gun-free" zones that prohibited carrying firearms in certain locations.
It is important to note that the laws regarding firearm possession and transportation can vary significantly from state to state. While some states may have a minimum age requirement of 21 for carrying a concealed weapon, others may have a lower age limit or no age restriction at all. Additionally, some states may have additional requirements, such as prohibiting individuals with a history of domestic abuse or felony convictions from possessing firearms. As such, it is essential to refer to the specific laws and regulations of each state to understand the applicable age requirements and exceptions for carrying a concealed weapon.
Florida's Constitutional Concealed Carry: What You Need to Know
You may want to see also
Explore related products
Kansas will continue to issue permits so that residents may carry in other states
Kansas is one of the many states in the U.S. that has embraced constitutional carry or permitless carry. In 2015, Kansas passed SB45, which allows residents and non-residents to carry a concealed firearm without a license or permit if they are 21 years of age or older. Non-residents aged 18 to 20 may carry concealed weapons but are required to hold a valid concealed carry permit.
Kansas law gives the sheriff of the applicant's county of residence or the chief law enforcement officer of any law enforcement agency the discretion to submit a voluntary report to the Attorney General within 45 days of receiving the application. If the Attorney General denies the application, they must notify the applicant in writing, stating the ground for denial and informing them of the opportunity for a hearing. Kansas licenses to carry concealed weapons are valid for a period of four years from the date of issuance.
Safety and training courses taken outside the state of Kansas can satisfy the state's CCW permitting requirement if the Attorney General has certified that the out-of-state course meets or exceeds the standards set by Kansas law. Evidence of completion of the course must be provided in the form specified by the rules and regulations adopted by the Attorney General. An affidavit from the instructor or organization that conducted the course, attesting to the completion of the course by the applicant, is also acceptable.
Open Carry: Public Disturbance or Legal Right?
You may want to see also
Illinois, New Mexico, and Montana have a limited form of constitutional carry
Illinois, New Mexico, and Montana have varying forms of constitutional carry. In Illinois, open carry of a handgun is illegal, and a concealed carry license (CCL) is required to carry a firearm. Illinois is a shall-issue state, meaning the state police must issue a CCL if the applicant meets certain qualifications. However, Illinois law enforcement can object to issuing a license if they believe the applicant poses a danger. The final decision is made by the Concealed Carry Licensing Review Board, which the applicant can appeal. Illinois offers resident and non-resident licenses, with some states only honoring resident permits. A 16-hour firearms training course is required for new CCL applications.
Montana law allows individuals to conceal carry a weapon without a permit as long as they are eligible to possess a firearm under state or federal law. Local governments can regulate the carrying of concealed and unconcealed weapons in specific areas, and county sheriffs can provide information on prohibited locations. Montana issues concealed weapon permits, which require applicants to be Montana residents for at least six months and U.S. citizens or permanent residents. Federal legislation exempts current and retired law enforcement officers from the state's concealed weapon statute, allowing qualified officers with proper identification to carry a concealed weapon. However, few agencies in Montana offer programs to qualify retired officers to carry concealed weapons under this provision.
New Mexico requires a physical license for concealed carry, as per the New Mexico Concealed Handgun Carry Act of 2003. The state's Department of Public Safety, through the LERB Concealed Carry Unit (CCU), processes and issues concealed handgun carry licenses and renewal licenses. Licensees can only carry one concealed handgun at a time but may carry more than one firearm, with only one being concealed. This restriction does not apply to firearms in vehicles. New Mexico has specific locations where carrying a handgun, openly or concealed, is prohibited, including schools, university premises, courts, federal properties, and tribal lands without authorization. Additionally, concealed carry while impaired by alcohol or controlled substances is not permitted.
Understanding HB 375: Constitutional Carry and Its Implications
You may want to see also
Frequently asked questions
Constitutional carry means that a state's law does not prohibit citizens who can legally possess a firearm from carrying handguns, either openly or in a concealed manner, thus not requiring a state permit.
While these terms are often used interchangeably, they have different definitions. Permitless carry includes constitutional carry states as well as states where individuals must meet certain qualifications, e.g. no DUIs in the last 10 years, to legally carry a firearm. Unrestricted carry means no permit is required for open or concealed carry.
As of 2025, over half of the US states (29) have embraced constitutional carry laws, with the majority passing such laws in the last decade.
