Constitutional carry, also known as permitless or unrestricted carry, empowers the public to legally bear handguns openly or concealed, without the need for a permit. However, this term typically excludes the unrestricted carrying of long guns. Every state in the nation allows the concealed carry of handguns in public, as opposed to open carry where the firearm is visible to the public either in proximity or on one's person. Despite this uniformity, each state imposes its own set of regulations and constraints on who may carry a concealed weapon and under what circumstances. The laws governing concealed carry fall into one of three categories: shall issue (requiring the issuance of a license if all criteria are met), may issue (granting jurisdiction discretion in issuing concealed weapons permits), and constitutional carry (where no permit or license is necessary to carry a concealed weapon).
States exhibit divergent stances on concealed carry, a discrepancy often rooted in their interpretations of the Constitution. One contributing factor is the varying perspectives on the Second Amendment. For instance, New York enacted a law mandating individuals to demonstrate a special need for carrying a handgun in public, only to have this law nullified by a Supreme Court decision affirming that the Second Amendment safeguards the right to bear arms beyond the confines of one's home.
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List of Constitutional Carry States 2023
Each state legislature across the United States establishes its unique regulations regarding constitutional carry and the necessity of a permit for public handgun possession.
States permitting permitless concealed carry for individuals aged 21 encompass Alabama, Alaska, Arizona, Georgia, Iowa, Kansas, Kentucky, Maine, Ohio, Oklahoma, Tennessee, Texas, Utah, West Virginia, and Wyoming. Some states, such as Georgia, Missouri, Oklahoma, and Tennessee, extend exceptions for 18-year-olds serving in the military, enabling them to carry concealed without a permit. Others, like Arkansas, Idaho, Indiana, Mississippi, Montana, New Hampshire, North Dakota (limited to state residents), South Dakota, and Vermont, allow permitless concealed carry for 18-year-olds. Missouri stands as the sole state allowing concealed carry for 19-year-olds.
List of states that allow for permitless concealed carry (PC), followed by age:
1. Alabama – PC 21 years old
2. Alaska – PC 21 years old
3. Arizona – PC 21 years old
5. Arkansas – PC 18 years old
5. Georgia – PC 21 years old or 18 for military
6. Idaho – PC 18 years old
7. Indiana – PC 18 years old
8. Iowa – PC 21 years old
9. Kansas – PC 21 years old
10. Kentucky – PC 21 years old
11. Maine – PC 21 years old
12. Mississippi – PC 18 years old
13. Missouri – PC 19 years old or 18 for military
14. Montana – PC 18 years old
15. New Hampshire – PC 18 years old
16. North Dakota – PC 18 years old for residents only
17. Ohio – PC 21 years old
18. Oklahoma – PC 21 years old or 18 for military
19. South Dakota – PC 18 years old
20. Tennessee – PC 21 years old or 18 for military
21. Texas – PC 21 years old
22. Utah – PC 21 years old
23. Vermont – PC 18 years old
24. West Virginia – PC 21 years old
25. Wyoming – PC 21 years old
Recent legislative actions have been taken by both Florida and Nebraska governors, signing laws that will authorize residents to conceal and carry firearms without the necessity of a permit.
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List Of Constitutional Carry States
1. Alabama
On March 10, 2022, Governor Kay Ivey of Alabama formally approved House Bill 272, which is set to take effect on January 1, 2023. This legislative action eliminates the obligation to secure a permit for carrying a concealed pistol within the state, along with the provision allowing the carrying of a loaded pistol in a vehicle. It's noteworthy that before the enactment of this legislation, open carry without a permit was already permissible for both residents and non-residents aged 18 and above in Alabama.
2 . Alaska
On June 11, 2003, Governor Frank Murkowski of Alaska endorsed House Bill 102, a significant legislative measure that came into effect on September 9, 2003. This move marked Alaska as the pioneering state to abolish the mandatory requirement for a concealed carry permit. The bill achieved this by revising the definition of the crime associated with carrying a concealed weapon.
Specifically, the amendment targeted the section of the law detailing "misconduct involving weapons in the 5th degree." Under the revised statute, this offence now involves either the failure to inform a law enforcement officer about the weapon upon contact, neglecting to allow the officer to secure the weapon (or properly securing it oneself) upon contact, or, if on another person's property, failing to obtain permission from a resident to possess a concealed weapon on the premises.
It is noteworthy that Alaska's legislation explicitly states that no permit is mandated for open carry or concealed carry, applicable to both residents and non-residents. The age threshold for open carry is set at 16 years, while concealed carry requires individuals to be 21 years or older.
3. Arizona
On April 16, 2010, Governor Jan Brewer of Arizona endorsed Senate Bill 1108, and the law officially took effect on July 29, 2010. This legislation marked a significant change by abolishing the requirement to obtain a permit for carrying a concealed weapon in Arizona for individuals aged 21 and older. However, this exemption applied only to those who could accurately answer a law enforcement officer's inquiry about carrying a concealed deadly weapon.
While the law removed the mandatory need for a permit, the process to obtain one was retained. This allowed Arizona residents to acquire permits for carrying concealed weapons in other states or for carrying in establishments like restaurants or bars that serve alcohol. It's worth noting that open carrying of firearms was already legally permitted in Arizona before the enactment of this bill.
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4. Arkansas
Before August 16, 2013, Arkansas law (§ 5-73-120) unequivocally prohibited the act of "...carrying a weapon...with the intent to use the handgun, knife, or club as a weapon against another person." While exceptions existed, such as the provision for a defence when "[t]he person is on a journey," the law remained vague on what exactly constituted a "journey." Another exception allowed the carrying of a concealed weapon if the individual held a valid concealed weapons license. This provision was commonly construed to prohibit open carry.
Enter August 16, 2013, and the advent of Arkansas Act 746. This legislative measure introduced two pivotal changes. Firstly, it explicitly defined a "journey" as "...travel beyond the county in which a person resides..." Consequently, a straightforward interpretation of the statute suggested that the prohibition against carrying a weapon now exclusively applied to individuals travelling within their home county. Secondly, Act 746 amended § 5-73-120 to forbid the act of "...carrying a weapon...with the intent to unlawfully employ the handgun, knife, or club as a weapon against another person." Various firearms groups interpreted this amendment as requiring the state to prove a person's intent to commit a crime when in possession of a weapon—whether openly or concealed. Absent proof of such intent, possession of weapons became legal.
Nonetheless, confusion persisted. On July 8, 2013, Arkansas Attorney General Dustin McDaniel asserted that Act 746 did not authorize open carry. Subsequently, on August 18, 2015, Arkansas Attorney General Leslie Rutledge offered a differing opinion, stating that open carry, post-Act 746, is generally permissible, provided there is no intent to unlawfully employ the carried weapon. Rutledge emphasized that mere possession of a loaded handgun was no longer sufficient to establish "intent to employ" it as a weapon under § 5-73-120. Instead, the state must now additionally prove intent to unlawfully use the weapon. Rutledge maintained that concealed carry without a permit generally remained illegal. She argued that Act 746's failure to modify other sections of Arkansas law regarding concealed weapons permits implied that possession of a concealed weapon without a permit could be deemed to fulfil the "unlawful purpose" requirement. Firearms groups, however, contested this viewpoint, positing that, given § 5-73-120's allowance for unlicensed open carry, the same legal logic would permit concealed carry without a permit. Adding to the confusion was Act 746's transformation of § 5-73-120 exceptions, including possession during a journey and possession of a concealed handgun with a concealed handgun permit, from "affirmative defences" to "permissible circumstances." Rutledge suggested that this change could be interpreted as creating a "non-exhaustive list of circumstances under which it is permissible to carry a handgun," allowing individuals to assert additional circumstances not explicitly outlined in the statute. She advocated for future legislation to rectify the confusion caused by Act 746.
On October 17, 2018, the Arkansas Court of Appeals issued a definitive ruling. It clarified that the mere act of carrying a handgun is not a crime unless there is an intent to unlawfully employ it as a weapon against another person. The rule of lenity was applied, favouring the defendant in case of any ambiguity. This ruling conclusively settled the debate on the legality of permitless carry in Arkansas, thereby permitting unlicensed open carry and concealed carry of a weapon for both residents and non-residents.
Moving ahead to April 12, 2023, Arkansas Governor Sarah Huckabee Sanders signed SB480 into law. The primary aim of SB480 is "to clarify that a license to carry a concealed handgun is not required to carry a concealed handgun in" Arkansas.
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5. Georgia
On April 12, 2022, the state of Georgia underwent a transformative legal shift as Governor Brian Kemp promptly enacted SB319 into law. Marking its immediate effect, this legislative milestone positions Georgia as the 25th state to pass a constitutional carry bill. Additionally, it propels Georgia to the forefront as the 22nd state where constitutional permitless carry legislation is actively in force.
This groundbreaking law extends the right to carry firearms and other weapons, such as knives, to both residents and non-residents aged 21 years and older, granting the liberty to openly or discreetly bear handguns and long guns in public spaces without the requirement of a permit. A noteworthy alteration introduced by this legislation involves the removal of the residency stipulation for out-of-state permit holders. Consequently, individuals, whether residents or non-residents, between the ages of 18 and 20 are now permitted to carry weapons with any out-of-state carry permit. This legislative evolution reflects a significant departure from previous regulatory frameworks, affirming Georgia's commitment to fostering a more expansive and inclusive approach to the exercise of Second Amendment rights.
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