Constitutional Carry: Nationwide Implementation And Its Future

will nationwide constitutional carry happen

As of mid-2024, 29 states allow constitutional carry, meaning they do not prohibit citizens who can legally possess a firearm from carrying handguns openly or concealed without a state permit. While some states are fully unrestricted, others have certain qualifications, such as no DUIs in the last 10 years. Past attempts to bring national right-to-carry have been met with opposition, mostly from Democrats who favor gun control. However, Donald Trump's promise to make concealed carry permits valid across all 50 states gained some traction when the Republican-led House passed a bill in December 2017 to treat gun permits like driver's licenses.

Characteristics Values
Past attempts to bring national right-to-carry Met with opposition, mostly from Democrats who favor gun control
Number of states allowing constitutional carry as of mid-2024 29
Donald Trump's stance "A driver's license works in every state, so it's common sense that a concealed carry permit should work in every state."
Trump's plan specifics Lacking
Past bills National Right-to-Carry Reciprocity Act of 2015; similar bills in 2011, 2013, and 2014; Concealed Carry Reciprocity Act of 2017

cycivic

Trump's proposal for constitutional carry

During his 2023 re-election campaign, Donald Trump promised to sign a national ""concealed carry reciprocity" bill if he won a second term as president. The proposal, which is supported by the National Rifle Association (NRA) and other pro-Second Amendment groups, would allow gun owners with a concealed carry permit from one state to carry their weapons in other states. This would effectively treat gun permits similarly to driver's licenses, which are valid across all 50 states.

Trump's proposal is part of his broader gun rights agenda, which includes opposing bans on assault weapons and advocating for increased security measures in schools. The former president has long campaigned on a pro-gun platform, and all three times he has run for president, he has received an endorsement from the NRA.

Trump's proposal has faced criticism from Democrats and groups that advocate for gun control, such as Everytown for Gun Safety. They argue that Trump's vision for America is one where "guns are everywhere, for anyone, with no questions asked." There are also concerns about potential "license tourism," where gun owners might travel to states with minimal requirements for obtaining a license, causing issues with state law compliance and increased administrative burdens.

Despite the criticism and concerns, Trump remains committed to his proposal, which he sees as protecting constitutional freedoms. In a 2023 campaign speech, he stated, "I will protect the right of self-defense everywhere it is under siege. And I will sign concealed carry reciprocity. Your Second Amendment does not end at the state line."

In February 2025, Trump signed an Executive Order to end the federal government’s alleged violation of Americans’ Second Amendment right to protect themselves, their families, and their freedoms. The order directed the Attorney General to review all actions by the Biden Administration regarding firearms and deliver a plan to eliminate all infringements on Americans’ Second Amendment rights.

cycivic

The National Right-to-Carry Reciprocity Act of 2015

The act was referred to the Senate Judiciary Committee but did not progress further. Previous attempts at similar legislation in 2011, 2013, and 2014 also failed to succeed. The National Right-to-Carry Reciprocity Act faced opposition, particularly from Democrats who support gun control measures.

The concept of "reciprocity" in this context refers to one state recognizing a concealed carry permit from another state. Currently, some states honor out-of-state permits, while others do not. For example, states like New York and California do not recognize permits from other states, whereas Indiana, Kentucky, and Ohio do. This discrepancy between states has led to a patchwork of varying laws, which a national reciprocity bill aims to streamline.

The National Rifle Association (NRA) supported the bill, arguing that it would end abuses in anti-gun states and allow law-abiding citizens to exercise their Second Amendment rights nationwide. However, critics, including gun control advocates, argued that the bill would infringe upon states' rights and negatively impact public safety. They also raised concerns about the potential dangers for victims of domestic abuse, as individuals could circumvent background checks by obtaining guns or permits from more lenient states.

cycivic

States with constitutional carry

As of 2024, there are 29 states in the US that have constitutional carry laws, also known as permitless carry laws, which allow individuals to carry a concealed weapon without a permit. These states 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
  • Wyoming

Vermont has been a constitutional carry state since 1793, with no provision for issuing concealed-carry licenses. In 2014, Washington, D.C. also briefly became a permitless carry jurisdiction for a few days when its ban on carrying a handgun was ruled unconstitutional.

In addition to these states, Illinois, New Mexico, and Montana have a limited form of concealed carry that does not require a permit. Illinois allows for the carrying of an unloaded and enclosed handgun without a permit, while New Mexico permits carrying a loaded, concealed weapon in a vehicle. Montana authorizes carrying without a permit in restricted non-populated areas.

The specific laws and requirements for constitutional carry vary by state, and it is important to check the local laws and regulations for each state. Some states have age requirements, with some setting the minimum age at 18 and others at 21, while also allowing military members to carry permitless at 18.

As of March 2025, lawmakers in North Carolina have passed a constitutional carry bill out of committee, which would make it the 30th state to enact such legislation.

cycivic

The difference between constitutional, unrestricted, and permitless carry

The terms "constitutional carry", "unrestricted carry", and "permitless carry" are often used interchangeably, but they have distinct definitions and nuances.

"Constitutional carry" refers to the Second Amendment's "right to bear arms", allowing residents to carry a concealed weapon without a state permit. This means that individuals can carry loaded, concealed handguns in public without undergoing a background check, obtaining a license, or receiving firearm training. However, it's important to note that constitutional carry laws do not supersede other state or federal laws, and there may still be restrictions on carrying firearms in certain places, such as federal buildings, bars, and school zones. As of March 7, 2024, there were 29 constitutional carry states.

"Permitless carry" includes constitutional carry states and states with certain qualifications, such as no DUI convictions or felony convictions within a specified period. In permitless carry states, individuals who are legally allowed to possess firearms can carry concealed weapons without obtaining a permit or license, which typically involves background checks, fingerprinting, and firearms safety training. Permitless carry laws do not grant the right to carry a firearm to those who were prohibited before the law was enacted.

"Unrestricted carry" is often used interchangeably with "permitless carry" and refers to carrying a concealed firearm in public without the requirement of a permit or license. However, unrestricted carry can also refer to open carry laws, where firearms are carried visibly in public, and some states have unrestricted open carry laws without limitations on where and how firearms can be carried.

It's worth noting that the gun lobby uses the term "constitutional carry" to justify permitless carry policies, arguing that they are protected by the Second Amendment. However, permitting systems have been a long-standing public safety tool that does not conflict with the Second Amendment. Additionally, each state can impose its own restrictions on permitless carry, such as age, location, and legal history, and it's crucial to be aware of the specific laws and regulations in your state.

cycivic

Opposition to nationwide constitutional carry

Another concern is the potential for misuse or accidental discharge of firearms by untrained individuals. Without proper licensing and training requirements, there is a risk that individuals may not fully understand the responsibilities and risks associated with carrying a firearm. This could lead to an increased number of accidental shootings or incidents of gun-related violence.

The role of state and local governments in regulating firearms is also a point of contention. While the Second Amendment protects the right to bear arms, it also allows for some state and local gun controls. Opponents of nationwide constitutional carry argue that individual states should have the autonomy to enact their own firearms regulations based on the specific needs and contexts of their communities. This includes the right to restrict concealed carry or implement training and licensing requirements.

Furthermore, nationwide constitutional carry could potentially undermine law enforcement efforts. Law enforcement officials have expressed concern that unrestricted carry laws could make their jobs more difficult and dangerous. The presence of more firearms in public spaces may increase the complexity of police work and pose challenges in distinguishing between law-abiding citizens and potential threats.

Finally, there are concerns about the potential impact on societal stability and the erosion of public trust. Opponents argue that widespread availability and carrying of firearms could lead to a culture of fear and paranoia, negatively impacting social cohesion and trust among citizens. This could, in turn, have broader implications for community relationships and social welfare.

These concerns highlight the complexities and nuances in the debate surrounding nationwide constitutional carry. While supporters argue for the right to self-defense and the protection of Second Amendment rights, opponents emphasize the potential risks to public safety, the role of state autonomy, and the potential challenges for law enforcement and societal well-being.

Frequently asked questions

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, thus no state permit is required.

As of 2024, 29 states allow constitutional carry.

Yes, there have been several attempts to bring constitutional carry to all 50 states. In 2015, Sen. John Cornyn, R-Texas, introduced the National Right-to-Carry Reciprocity Act, which was sent to the Senate Judiciary Committee but did not pass. Similar bills were introduced in 2011, 2013, and 2014, but none were successful. During his campaign, former President Trump promised to secure recognition for concealed-carry permits in all 50 states, but this did not come to fruition.

Written by
Reviewed by
Share this post
Print
Did this article help you?

Leave a comment