In the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
, the term constitutional carry, also called permitless carry, unrestricted carry, or Vermont carry,
refers to the legal public carrying of a
handgun
A handgun is a short- barrelled gun, typically a firearm, that is designed to be usable with only one hand. It is distinguished from a long gun (i.e. rifle, shotgun or machine gun, etc.), which needs to be held by both hands and also braced ...
, either
openly or
concealed, without a license or permit.
The phrase does not typically refer to the unrestricted carrying of a
long gun
A long gun is a category of firearms with long barrels. In small arms, a ''long gun'' or longarm is generally designed to be held by both hands and braced against the shoulder, in contrast to a handgun, which can be fired being held with a single ...
, a
knife
A knife ( : knives; from Old Norse 'knife, dirk') is a tool or weapon with a cutting edge or blade, usually attached to a handle or hilt. One of the earliest tools used by humanity, knives appeared at least 2.5 million years ago, as evidenced ...
, or other weapons. The scope and applicability of constitutional carry may vary by state.
The phrase "constitutional carry" reflects the view that the
Second Amendment
The second (symbol: s) is the unit of time in the International System of Units (SI), historically defined as of a day – this factor derived from the division of the day first into 24 hours, then to 60 minutes and finally to 60 seconds eac ...
to the
U.S. Constitution
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio ...
does not abide restrictions on gun rights, including the right to carry or bear arms.
The
U.S. Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
had never extensively interpreted the Second Amendment until the landmark case ''
District of Columbia v. Heller
''District of Columbia v. Heller'', 554 U.S. 570 (2008), is a landmark decision of the U.S. Supreme Court ruling that the Second Amendment to the U.S. Constitution protects an individual's right to keep and bear arms, unconnected with service i ...
'' in 2008. Prior to this, a tapestry of different and sometimes conflicting laws about carrying firearms developed across the nation. In deciding the case, the Court found that self-defense was a "...central component of the 2nd Amendment" and D.C.'s handgun ban was invalidated. The Court further stated that some state or local gun controls are allowed. The ''Heller'' case was extended by the Supreme Court in the 2010 decision ''
McDonald v. Chicago'', which held that the 2nd and
14th Amendments to the U.S. Constitution were "fully
incorporated" and thus the right to "...keep and bear arms applies to the states and not 'in a watered-down version' but 'fully applicable'...", and limits state and local governments in enacting laws that restrict this individual and fundamental right to "...keep and bear arms", for self-defense. In the 2022 decision ''
New York State Rifle & Pistol Association, Inc. v. Bruen'' the Supreme Court went further, affirming a right to public carry of firearms and imposing a strict new standard of scrutiny on state-level firearms laws.
U.S. jurisdictions that have constitutional carry
, Alabama
(We dare defend our rights)
, anthem = "Alabama (state song), Alabama"
, image_map = Alabama in United States.svg
, seat = Montgomery, Alabama, Montgomery
, LargestCity = Huntsville, Alabama, Huntsville
, LargestCounty = Baldwin County, Al ...
(effective January 1, 2023), Alaska
Alaska ( ; russian: Аляска, Alyaska; ale, Alax̂sxax̂; ; ems, Alas'kaaq; Yup'ik: ''Alaskaq''; tli, Anáaski) is a state located in the Western United States on the northwest extremity of North America. A semi-exclave of the U.S., ...
, Arizona
Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a state in the Southwestern United States. It is the 6th largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona is part of the Fou ...
, Arkansas
Arkansas ( ) is a landlocked state in the South Central United States. It is bordered by Missouri to the north, Tennessee and Mississippi to the east, Louisiana to the south, and Texas and Oklahoma to the west. Its name is from the Osage ...
, Georgia
Georgia most commonly refers to:
* Georgia (country), a country in the Caucasus region of Eurasia
* Georgia (U.S. state), a state in the Southeast United States
Georgia may also refer to:
Places
Historical states and entities
* Related to the ...
, Idaho
Idaho ( ) is a state in the Pacific Northwest region of the Western United States. To the north, it shares a small portion of the Canada–United States border with the province of British Columbia. It borders the states of Montana and Wyom ...
, Indiana
Indiana () is a U.S. state in the Midwestern United States. It is the 38th-largest by area and the 17th-most populous of the 50 States. Its capital and largest city is Indianapolis. Indiana was admitted to the United States as the 19th s ...
, Iowa
Iowa () is a state in the Midwestern region of the United States, bordered by the Mississippi River to the east and the Missouri River and Big Sioux River to the west. It is bordered by six states: Wisconsin to the northeast, Illinois to the ...
, Kansas
Kansas () is a state in the Midwestern United States. Its capital is Topeka, and its largest city is Wichita. Kansas is a landlocked state bordered by Nebraska to the north; Missouri to the east; Oklahoma to the south; and Colorado to the ...
, Kentucky
Kentucky ( , ), officially the Commonwealth of Kentucky, is a state in the Southeastern region of the United States and one of the states of the Upper South. It borders Illinois, Indiana, and Ohio to the north; West Virginia and Virginia to ...
, Maine
Maine () is a state in the New England and Northeastern regions of the United States. It borders New Hampshire to the west, the Gulf of Maine to the southeast, and the Canadian provinces of New Brunswick and Quebec to the northeast and north ...
, Mississippi
Mississippi () is a state in the Southeastern region of the United States, bordered to the north by Tennessee; to the east by Alabama; to the south by the Gulf of Mexico; to the southwest by Louisiana; and to the northwest by Arkansas. Miss ...
, Missouri
Missouri is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. Ranking List of U.S. states and territories by area, 21st in land area, it is bordered by eight states (tied for the most with Tennessee ...
, Montana
Montana () is a state in the Mountain West division of the Western United States. It is bordered by Idaho to the west, North Dakota and South Dakota to the east, Wyoming to the south, and the Canadian provinces of Alberta, British Columbi ...
, New Hampshire
New Hampshire is a U.S. state, state in the New England region of the northeastern United States. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Gulf of Maine to the east, and the Canadian province of Quebec t ...
, North Dakota
North Dakota () is a U.S. state in the Upper Midwest, named after the Native Americans in the United States, indigenous Dakota people, Dakota Sioux. North Dakota is bordered by the Canadian provinces of Saskatchewan and Manitoba to the north a ...
(residents only; concealed carry only), Ohio
Ohio () is a state in the Midwestern region of the United States. Of the fifty U.S. states, it is the 34th-largest by area, and with a population of nearly 11.8 million, is the seventh-most populous and tenth-most densely populated. The sta ...
, Oklahoma
Oklahoma (; Choctaw language, Choctaw: ; chr, ᎣᎧᎳᎰᎹ, ''Okalahoma'' ) is a U.S. state, state in the South Central United States, South Central region of the United States, bordered by Texas on the south and west, Kansas on the nor ...
, South Dakota
South Dakota (; Sioux language, Sioux: , ) is a U.S. state in the West North Central states, North Central region of the United States. It is also part of the Great Plains. South Dakota is named after the Lakota people, Lakota and Dakota peo ...
, Tennessee
Tennessee ( , ), officially the State of Tennessee, is a landlocked state in the Southeastern region of the United States. Tennessee is the 36th-largest by area and the 15th-most populous of the 50 states. It is bordered by Kentucky to th ...
(handguns only), Texas
Texas (, ; Spanish language, Spanish: ''Texas'', ''Tejas'') is a state in the South Central United States, South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2 ...
, Utah
Utah ( , ) is a state in the Mountain West subregion of the Western United States. Utah is a landlocked U.S. state bordered to its east by Colorado, to its northeast by Wyoming, to its north by Idaho, to its south by Arizona, and to it ...
, Vermont
Vermont () is a state in the northeast New England region of the United States. Vermont is bordered by the states of Massachusetts to the south, New Hampshire to the east, and New York to the west, and the Canadian province of Quebec to ...
, West Virginia
West Virginia is a state in the Appalachian, Mid-Atlantic and Southeastern regions of the United States.The Census Bureau and the Association of American Geographers classify West Virginia as part of the Southern United States while the Bur ...
, and Wyoming
Wyoming () is a U.S. state, state in the Mountain states, Mountain West subregion of the Western United States. It is bordered by Montana to the north and northwest, South Dakota and Nebraska to the east, Idaho to the west, Utah to the south ...
generally allow most law-abiding adults to carry a loaded concealed firearm without a permit. Certain states may impose additional restrictions on the legal ability to carry without a permit beyond those who are not prohibited from owning a firearm. Permitless carry in North Dakota is applicable to residents only; nonresidents must have a permit to carry a handgun concealed or openly. Permitless concealed carry in Mississippi only covers certain manners of carrying. Permitless carry in Oklahoma applies to both residents and nonresidents 21+ as well as 18+ nonresidents who can carry without a permit in their home state. All aforementioned jurisdictions do not require a permit to openly carry either except for North Dakota and certain localities in Missouri.
On July 26, 2014, Washington, D.C.
)
, image_skyline =
, image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
became a permitless carry jurisdiction for a few days when its ban on carrying a handgun was ruled unconstitutional, and the ruling was not stayed. The ruling stated that any resident who had a legally registered handgun could carry it without a permit, and nonresidents without felony convictions could carry as well. The ruling was then stayed on July 29, 2014.
In June 2015, following victory in a class-action suit brought by "Damas de la Segunda Enmienda" Ladies of the Second Amendment (an affiliate of the Second Amendment Foundation
The Second Amendment Foundation (SAF) is a United States nonprofit organization that supports gun rights. Founded in 1974 by Alan Gottlieb and headquartered in Bellevue, Washington, SAF publishes gun rights magazines and public education materials ...
) the Commonwealth of Puerto Rico
Puerto Rico (; abbreviated PR; tnq, Boriken, ''Borinquen''), officially the Commonwealth of Puerto Rico ( es, link=yes, Estado Libre Asociado de Puerto Rico, lit=Free Associated State of Puerto Rico), is a Caribbean island and Unincorporated ...
's carry and licensing regulations were struck down, eliminating the requirement to obtain a permit. On October 31, 2016, The Supreme Court of Puerto Rico denied a motion for reconsideration of a previous Court of Appeals decision that had found the Weapons Act to be constitutional.
Vermont does not have any provision for issue of concealed-carry licenses, as none has ever been necessary. As such, Vermont residents wishing to carry handguns in other states must acquire a license from a state which is valid in their destination. All other constitutional carry states previously had concealed-carry license requirements prior to adoption of unrestricted carry laws, and continue to issue licenses on a shall-issue basis for the purposes of inter-state reciprocity (allowing residents of the state to travel to other states with a concealed weapon, abiding by that state's law).
Florida Governor
Ron DeSantis
Ronald Dion DeSantis (; born September 14, 1978) is an American politician serving as the 46th governor of Florida since January 2019. A member of the Republican Party, DeSantis represented Florida's 6th district in the U.S. House of Represe ...
said he expects his state to pass constitutional carry in the spring of 2023.
Alabama
On March 10, 2022,
Alabama
(We dare defend our rights)
, anthem = "Alabama (state song), Alabama"
, image_map = Alabama in United States.svg
, seat = Montgomery, Alabama, Montgomery
, LargestCity = Huntsville, Alabama, Huntsville
, LargestCounty = Baldwin County, Al ...
Governor
Kay Ivey
Kay Ellen Ivey (born October 15, 1944) is an American politician serving as the 54th and incumbent governor of Alabama since 2017. Originally a conservative Southern Democrat, Ivey became a member of the Republican Party in 2002. She was the 38t ...
signed House Bill 272 (effective January 1, 2023)
into law which eliminates the requirement to obtain a permit in order to carry a concealed pistol in the state, as well as carrying a loaded pistol openly or concealed in a vehicle.
Open carry without a permit was already legal for residents and non-residents 18+.
[
]
Alaska
On June 11, 2003, Alaska
Alaska ( ; russian: Аляска, Alyaska; ale, Alax̂sxax̂; ; ems, Alas'kaaq; Yup'ik: ''Alaskaq''; tli, Anáaski) is a state located in the Western United States on the northwest extremity of North America. A semi-exclave of the U.S., ...
governor Frank Murkowski
Frank Hughes Murkowski (born March 28, 1933) is an American politician and a member of the Republican Party. He was a United States Senator from Alaska from 1981 until 2002 and the eighth governor of Alaska from 2002 until 2006. In his 2006 re ...
signed House Bill 102 into law (effective September 9, 2003), making Alaska the first state to rescind its requirement for a concealed carry permit. The bill eliminated the crime of simply carrying a concealed weapon by changing the definition of the crime. The section of law that describes the first instance of "misconduct involving weapons in the 5th degree" now requires that a person must either fail to inform a law enforcement officer of the weapon upon contact, fail to allow the law enforcement officer to secure the weapon (or to properly secure the weapon him/herself) upon contact, or if at another person's home, fail to obtain permission from a resident to have a concealed weapon on the premises. No permit is required to open carry or conceal carry for both residents and nonresidents. Open carry is 16+ and concealed carry is 21+.
Arizona
On April 16, 2010, Arizona
Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a state in the Southwestern United States. It is the 6th largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona is part of the Fou ...
governor Jan Brewer
Janice Kay Brewer (''née'' Drinkwine, formerly Warren; born September 26, 1944) is an American politician and author who was the 22nd governor of Arizona from 2009 to 2015. A member of the Republican Party, Brewer is the fourth woman (and was ...
signed Senate Bill 1108 into law (effective July 29, 2010). The law eliminated the requirement to obtain a permit to carry a concealed weapon in Arizona for U.S. citizens or U.S residents 21 and older. The process to obtain a permit was left in place so that Arizona residents could still obtain permits in order to carry concealed in other states or to carry in a restaurant or bar that serves alcohol. This extends to both Arizona residents and nonresidents with no permit required to open carry at 18 and none required to concealed carry 21 and up.
Arkansas
Prior to August 16, 2013, Arkansas
Arkansas ( ) is a landlocked state in the South Central United States. It is bordered by Missouri to the north, Tennessee and Mississippi to the east, Louisiana to the south, and Texas and Oklahoma to the west. Its name is from the Osage ...
law (§ 5-73-120) prohibited "...carrying a weapon...with a purpose to employ the handgun, knife, or club as a weapon against a person." Among other exceptions, Arkansas law allowed a defense to the charge of carrying of a weapon if " e person is on a journey..." but did not define what constituted a "journey". Another defense permitted an individual to carry a concealed weapon if the person had a valid concealed weapons license. This provision was generally interpreted to prohibit open carry.
On August 16, 2013, Arkansas enacted Act 746. This act made two major changes. First, it statutorily defined a "journey" as "...travel beyond the county in which a person lives..." Because traveling on a journey is one of the defenses to § 5-73-120, a plain reading of the statute would indicate that the prohibition against carrying a weapon would now apply only to a person traveling within their home county. Second, it modified § 5-73-120 to prohibit "...carrying a weapon...with a purpose to attempt to unlawfully employ the handgun, knife, or club as a weapon against a person." Various firearms groups interpreted this provision to require that the state must now prove that a person actually intends to use a weapon to commit a crime; and without proving this intent, possession of weapons, whether openly or concealed, is now legal.
However, some confusion still existed. On July 8, 2013, Arkansas Attorney General Dustin McDaniel
Dustin Blake McDaniel (born April 29, 1972) is an American lawyer and politician who served as the 55th Attorney General of Arkansas from 2007 to 2015. A member of the Democratic Party, he a founding partner of the Little Rock, Arkansas law firm ...
issued an opinion stating that Act 746 did not authorize open carry. On August 18, 2015, Arkansas Attorney General Leslie Rutledge
Leslie Carol Rutledge (born June 9, 1976) is an American attorney and politician from the state of Arkansas, served as the 56th attorney general of Arkansas from 2015 to 2023. She is the 21st lieutenant governor of Arkansas, since 2023. Rutledge ...
issued a different opinion, saying that open carry of a weapon following Act 746's passage is now generally legal, provided that the person has no intent to unlawfully employ said weapon. Rutledge also opined that, while mere possession of a loaded handgun was formerly sufficient to establish "intent to employ" it as a weapon, such possession is now no longer sufficient to convict someone under § 5-73-120. Rather, the state must now additionally prove intent to unlawfully use the weapon. However, Rutledge also opined that concealed carry generally remains illegal without a permit. Because Act 746 did not remove or modify the other sections of Arkansas law pertaining to issuing concealed weapons permits, she concluded that possession of a concealed weapon without a permit could be construed as meeting the "unlawful purpose" requirement. However, various firearms groups disputed this opinion and argued that, because § 5-73-120 (and specifically subsection (a)) permits unlicensed open carry, the same legal logic would dictate that concealed carry without a permit would also be legal. Further adding to the confusion was the fact that Act 746 changed the list of § 5-73-120 exceptions, including possession while on a journey and possession of a concealed handgun with a concealed handgun permit, from a list of "affirmative defenses" to a list of "permissible circumstances". Rutledge noted in her opinion that such change could be construed as creating a "non-exhaustive list of circumstances under which it is permissible to carry a handgun," thereby permitting a person to assert additional circumstances not spelled out in the statute. She also noted that future legislation would be the best solution to clear up the confusion that Act 746 has caused.
On October 17, 2018, the Arkansas Court of Appeals
The Arkansas Court of Appeals is the intermediate appellate court for the state of Arkansas. It was created in 1978 by Amendment 58 of the Arkansas Constitution, which was implemented by Act 208 of the Arkansas General Assembly in 1979. The court ...
issued a ruling that clarified that the mere carrying of a handgun is not a crime by itself absent a purpose to attempt to unlawfully employ the handgun as a weapon against a person, and any ambiguity would be found in favor of the defendant per the rule of lenity
The rule of lenity, also called the rule of strict construction, is a principle of criminal statutory interpretation that requires that when a law is unclear or ambiguous, a court must apply the law in the manner that is most favorable to the de ...
. This effectively ends the dispute on the legality of permitless carry in Arkansas and allows for the unlicensed open carry and concealed carry of a weapon for both residents and non-residents.
Georgia
On April 12, 2022, Georgia
Georgia most commonly refers to:
* Georgia (country), a country in the Caucasus region of Eurasia
* Georgia (U.S. state), a state in the Southeast United States
Georgia may also refer to:
Places
Historical states and entities
* Related to the ...
Governor Brian Kemp
Brian Porter Kemp (born November 2, 1963) is an American businessman and politician serving as the 83rd governor of Georgia since January 2019. A member of the Republican Party, Kemp served as the 27th secretary of state of Georgia from 2010 t ...
signed SB319 into law which took effect immediately. While Georgia was the 25th state to pass a constitutional carry bill, Georgia is the 22nd state for constitutional permitless carry legislation to take effect. This law allows both 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. The legislation also removed the residency requirement for out-of-state permit holders, allowing for both residents and non-residents alike to carry between the ages of 18-20 with any out-of-state carry permit.
Idaho
As of July 1, 2020, HB 516 extended the law to be applicable to all U.S. citizens and active military members. Prior permitless carry (SB 1389) was limited to Idaho
Idaho ( ) is a state in the Pacific Northwest region of the Western United States. To the north, it shares a small portion of the Canada–United States border with the province of British Columbia. It borders the states of Montana and Wyom ...
residents and active military members from July 1, 2016, to July 1, 2020. The minimum age was lowered from 21 to 18 on July 1, 2019, while within city limits (minimum age was already 18 outside city limits) and allows for any weapon, not just handguns. Before July 1, 2016, permitless concealed carry was allowed only outside city limits with only permitless open carry being legal statewide. Now both open and concealed carry without a permit is allowed for residents and nonresidents 18+ statewide.
Indiana
On March 21, 2022, Indiana
Indiana () is a U.S. state in the Midwestern United States. It is the 38th-largest by area and the 17th-most populous of the 50 States. Its capital and largest city is Indianapolis. Indiana was admitted to the United States as the 19th s ...
Governor Eric Holcomb
Eric Joseph Holcomb (born May 2, 1968) is an American politician who is the 51st and current governor of Indiana, serving since 2017. A member of the Republican Party, he served as the 51st lieutenant governor of Indiana from 2016 to 2017 unde ...
signed HEA 1296 into law (effective July 1, 2022), making Indiana the 24th state to institute constitutional carry. HEA 1296 legalizes both open and concealed carry without a permit for residents and non-residents 18+.
Iowa
On March 17, 2021, the Iowa
Iowa () is a state in the Midwestern region of the United States, bordered by the Mississippi River to the east and the Missouri River and Big Sioux River to the west. It is bordered by six states: Wisconsin to the northeast, Illinois to the ...
House of Representatives
House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
passed HF 756, 60–37. The Iowa Senate
The Iowa Senate is the upper house of the Iowa General Assembly, United States. There are 50 seats in the Iowa Senate, representing 50 single-member districts across the state of Iowa with populations of approximately 60,927 per constituency, . ...
passed the bill on March 22, 2021, 31–17. Among other provisions, it removes the requirement for a permit to carry a firearm concealed or to carry a firearm openly within city limits, as previously one was allowed to carry openly without a permit outside of city limits. This extends both permitless open and concealed carry statewide for residents and non-residents. Governor Kim Reynolds
Kimberly Kay Reynolds (née Strawn; born August 4, 1959) is an American politician serving as the 43rd governor of Iowa since 2017. A member of the Republican Party, Reynolds served as the 46th lieutenant governor of Iowa from 2011 to 2017.
B ...
signed the bill on April 2, 2021, and it took effect on July 1, 2021.
Kansas
SB45 was introduced in the Kansas
Kansas () is a state in the Midwestern United States. Its capital is Topeka, and its largest city is Wichita. Kansas is a landlocked state bordered by Nebraska to the north; Missouri to the east; Oklahoma to the south; and Colorado to the ...
Senate in early 2015. The bill initially passed the Senate 31–7 on February 26. The bill was sent to the House, amended, and passed 85–39 on March 25. The Senate then concurred, passing the amended bill 31-8 (also on March 25). On April 2, the bill was signed by Governor Sam Brownback
Samuel Dale Brownback (born September 12, 1956) is an American attorney, politician, diplomat, and member of the Republican Party (United States), Republican Party who served as the United States Ambassador-at-Large for International Religious Fr ...
(effective July 1, 2015), establishing constitutional carry in Kansas. Can carry concealed at 21 years old or older and open carry at 18 years or older without a permit for both residents and nonresidents. Non-residents 18 to 20 may carry concealed but are still required to hold a valid concealed carry permit.
Kansas issues licenses to carry concealed handguns on a shall-issue basis. , over 87,000 current permits are issued. Kansas will continue to issue permits so that Kansas residents may carry in other states that accept Kansas concealed carry permits.
Kentucky
On February 14, 2019, the Kentucky
Kentucky ( , ), officially the Commonwealth of Kentucky, is a state in the Southeastern region of the United States and one of the states of the Upper South. It borders Illinois, Indiana, and Ohio to the north; West Virginia and Virginia to ...
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
passed SB150 by a vote of 29–8. It then passed the Kentucky House of Representatives
The Kentucky House of Representatives is the lower house of the Kentucky General Assembly. It is composed of 100 Representatives elected from single-member districts throughout the Commonwealth. Not more than two counties can be joined to form ...
on March 1, 2019, by a vote of 60–37. On March 11, 2019, Governor Matt Bevin
Matthew Griswold Bevin (; born January 9, 1967) is an American businessman and politician who served as the 62nd governor of Kentucky, from 2015 to 2019. He was the third Republican elected Kentucky governor since World War II, after Ernie Fletc ...
signed the bill into law (effective June 27, 2019). It allows residents and non-residents who are 21 years old or older who are otherwise able to lawfully possess a firearm, to carry concealed firearms (or any other weapon) without a permit. Residents and non-residents under 21 may open carry without a permit, or conceal carry if they are a non-resident and hold a valid out-of-state concealed carry permit. Open carry without a permit was already legal for residents and non-residents before passage of the bill and is guaranteed by the State Constitution.
Maine
In 2015, LD 652 was a constitutional carry bill that was under consideration by the Maine
Maine () is a state in the New England and Northeastern regions of the United States. It borders New Hampshire to the west, the Gulf of Maine to the southeast, and the Canadian provinces of New Brunswick and Quebec to the northeast and north ...
Legislature. It was sponsored by Senator Eric Brakey with 17 co-sponsors in the Senate and 79 co-sponsors in the House. LD 652 was signed into law by Governor Paul LePage
Paul Richard LePage (; born October 9, 1948) is an American politician who served as the 74th Governor of Maine from 2011 to 2019. A member of the Republican Party, LePage served two terms as a city councilor in Waterville, Maine, before being ...
on July 8, 2015 (effective October 15, 2015), applying to both residents and nonresidents with no permit being required at 18+ for open carry and none required for concealed carry unless under 21.
Mississippi
In 2013, the Unlicensed Open Carry Bill was passed to clarify that no permit was needed to open carry at the age of 18+ for residents and non-residents, it was clarified by the Mississippi
Mississippi () is a state in the Southeastern region of the United States, bordered to the north by Tennessee; to the east by Alabama; to the south by the Gulf of Mexico; to the southwest by Louisiana; and to the northwest by Arkansas. Miss ...
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
that the Right to Open Carry was guaranteed by the Mississippi State Constitution. As of July 1, 2015, the concealed carry law was amended to say "no license shall be required under this section for a loaded or unloaded pistol or revolver carried in a purse, handbag, satchel, other similar bag or briefcase or fully enclosed case." On April 15, 2016, the law was further expanded to include belt and shoulder holsters and sheaths. This effectively allows for constitutional carry in Mississippi for residents and nonresidents age 18+. However, some forms of concealed carrying would still require a permit (e.g. Mexican carry[Carrying concealed on one's person without a holster] or concealed in an ankle holster).
Missouri
SB 656 allows for permitless concealed carry for anyone who may lawfully own a gun. The bill was passed by the legislature in 2016, but Governor Nixon vetoed it on June 27, 2016. The legislature reconvened for the veto-override session on September 14, 2016. The Senate voted to override the veto with a 24–6 vote (23 required) and the House followed through shortly thereafter with a 112–41 vote (109 required). No permit is needed for open carry or concealed carry and applies to both residents and nonresidents. While no permit is required for either form of carrying, only concealed carry falls fully under state-preemption. Therefore, unlicensed open carry can still be restricted by local city ordinances unless one possesses a concealed carry permit, thus exempting them from local open carry restrictions. The law went into effect on January 1, 2017.
Montana
On February 18, 2021, Montana
Montana () is a state in the Mountain West division of the Western United States. It is bordered by Idaho to the west, North Dakota and South Dakota to the east, Wyoming to the south, and the Canadian provinces of Alberta, British Columbi ...
Governor Greg Gianforte
Gregory Richard Gianforte (born April 17, 1961) is an American businessman, politician, software engineer, and writer serving as the 25th governor of Montana since 2021. A member of the Republican Party, Gianforte served as the U.S. representa ...
signed HB 102 into law, which allows residents and nonresidents 18 or older to concealed carry a firearm throughout the state without a permit. Open carry without a permit was already legal for residents and non-residents. HB 102 also removed a number of Montana's "gun-free" zones, which previously prohibited carrying a firearm in select locations throughout the state. HB 102 takes effect immediately, save one provision altering the law on carrying a handgun on college and university grounds, which will go into effect June 1, 2021. This law makes Montana the 18th state to allow permitless carry of a firearm for anyone 18+. Previously, permitless concealed carry was allowed if a person was outside the official boundaries of a city or town or the confines of a logging, lumbering, mining, or railroad camp or who is lawfully engaged in hunting, fishing, trapping, camping, hiking, backpacking, farming, ranching, or other outdoor activity in which weapons are often carried for recreation or protection.
Previously, HB 271 was introduced in 2011 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. It was vetoed by then-Governor Brian Schweitzer
Brian David Schweitzer (born September 4, 1955) is an American farmer and politician who served as the 23rd Governor of Montana from 2005 to 2013. Schweitzer served for a time as chair of the Western Governors Association as well as the Democrat ...
on May 10, 2011, and was unable to gather the necessary two-thirds majority to overturn the veto.
HB 298 was introduced in the 2015 legislative session, which would have legalized firearms carry statewide for all persons who are not prohibited from possessing a firearm. The bill passed the House 56-43 and the Senate 28-21 but was later vetoed by Governor Steve Bullock.
New Hampshire
In early 2017, several senators and representatives introduced New Hampshire
New Hampshire is a U.S. state, state in the New England region of the northeastern United States. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Gulf of Maine to the east, and the Canadian province of Quebec t ...
Senate Bill 12, which proposed removing the requirement for a license to carry a loaded concealed handgun. The bill also proposed extending the minimum license period from four years to five years, removing the discretionary "suitable person" language from the Pistol/Revolver License law, and directing the state police to pursue reciprocity agreements. On January 19, it was passed by the New Hampshire Senate
The New Hampshire Senate has been meeting since 1784. It is the upper house of the New Hampshire General Court, alongside the lower New Hampshire House of Representatives. It consists of 24 members representing Senate districts based on population ...
by a vote of 13–10. Governor Chris Sununu
Christopher Thomas Sununu ( ; born November 5, 1974) is an American politician and engineer who has served as the 82nd governor of New Hampshire since 2017. A member of the Republican Party, Sununu was a member of the New Hampshire Executive Co ...
, who took office in January 2017, expressed support for this bill after the Senate vote, stating, "I am pleased that the State Senate today voted to advance common-sense legislation in support of a citizen’s fundamental right to carry a firearm, joining neighboring states throughout the region and across the country." On February 9, it was passed by the New Hampshire House by a vote of 200–97. Governor Sununu signed the bill into law on February 22, 2017, and it became effective immediately. Thus, no permit is required for open carry or concealed carry of handguns; and this applies to both residents and nonresidents 18+.
Previously, carrying a concealed handgun unloaded was legal without a license. A New Hampshire Supreme Court decision in 2013 clarified that the law did not prohibit carrying a concealed handgun if it is unloaded (no round is chambered).
North Dakota (residents only; concealed carry only)
On March 23, 2017, North Dakota
North Dakota () is a U.S. state in the Upper Midwest, named after the Native Americans in the United States, indigenous Dakota people, Dakota Sioux. North Dakota is bordered by the Canadian provinces of Saskatchewan and Manitoba to the north a ...
Governor Doug Burgum
Douglas James Burgum (born August 1, 1956) is an American entrepreneur, philanthropist, and politician serving as the 33rd governor of North Dakota since 2016. He is a member of the Republican Party.
Burgum was born and raised in the small to ...
signed House Bill 1169 (effective August 1, 2017). Under its provisions, people carrying concealed without a concealed weapons license will need to carry a form of state-issued photo ID, must be a North Dakota resident for at least 30 days (originally 1 year), must have had a state-issued ID for 1 year, must inform police about their handgun upon contact, and must not otherwise be prohibited from possessing a firearm by law. Minimum age is 18. Open carry of a loaded handgun will still require a permit, but no permit is required to open carry an unloaded handgun; one is allowed to possess a loaded magazine as long as it is not inserted into the gun. Carrying in a vehicle was originally thought of as requiring a permit, but Attorney General Wayne Stenehjem
Wayne Stenehjem ( ; February 5, 1953 – January 28, 2022) was an American lawyer and politician from the U.S. state of North Dakota. He was the Attorney General of the state, serving from December 15, 2000 until his death. He sought the Republi ...
issued an opinion interpreting the law as allowing for constitutional carry within vehicles. This was codified in 2019. Nonresidents are required to have a resident permit recognized by North Dakota to carry openly or concealed.
Ohio
On March 14, 2022, Ohio
Ohio () is a state in the Midwestern region of the United States. Of the fifty U.S. states, it is the 34th-largest by area, and with a population of nearly 11.8 million, is the seventh-most populous and tenth-most densely populated. The sta ...
Governor Mike DeWine
Richard Michael DeWine (; born January 5, 1947) is an American politician and attorney serving as the 70th and current governor of Ohio. A member of the Republican Party, DeWine began his career as a prosecutor before being elected to the O ...
signed Senate Bill 215 (effective June 13, 2022). Under its provisions, any person 21+ (both residents and nonresidents) who meets the definition of a "qualifying adult" under O.R.C. 2923.111, may carry a concealed handgun, as well as carry a loaded handgun in a motor vehicle openly or concealed without a permit. Residents and non-residents under 21 may still open carry, but require a valid concealed handgun license issued by another U.S. jurisdiction to conceal carry. Open carry without a permit was already legal for residents and non-residents.
Oklahoma
On February 27, 2019, Oklahoma
Oklahoma (; Choctaw language, Choctaw: ; chr, ᎣᎧᎳᎰᎹ, ''Okalahoma'' ) is a U.S. state, state in the South Central United States, South Central region of the United States, bordered by Texas on the south and west, Kansas on the nor ...
Governor Kevin Stitt
John Kevin Stitt (born December 28, 1972) is an American businessman and politician serving as the 28th governor of Oklahoma. A member of the Republican Party, he began his first term as governor in January 2019 and was reelected to a second t ...
signed House Bill 2597 (effective November 1, 2019), which will allow both residents and non-residents 21+ (or 18+ and in the military) to open or concealed carry without a permit. Oklahoma's existing reciprocity also recognizes any concealed carry license issued both as resident and non-resident as well as the permitless carry of other states, so if one is a non-resident and 18+ and their state allows open carry or concealed carry without a permit, they may carry in that fashion so long as they have valid ID proving they are a resident of that state.
South Dakota
On January 22, 2019, the South Dakota Senate
The Senate is the upper house of the South Dakota Legislature. It consists of 35 members, one representing each legislative district; it meets at the South Dakota State Capitol in Pierre.
Composition
:''92nd Legislature (2019)''
Officers
Li ...
passed SB 47 by a vote of 23–11. It then passed the House of Representatives
House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
on January 29, 2019, by a vote of 47–23. Governor Kristi Noem
Kristi Lynn Noem (; née Arnold; born November 30, 1971) is an American politician serving as the 33rd governor of South Dakota since 2019. A member of the Republican Party, she was the U.S. representative for from 2011 to 2019 and a member ...
signed SB 47 on January 31, 2019 (effective July 1, 2019). This change in the law removes the requirement of a permit to concealed carry a handgun for residents and nonresidents 18+. Open carry was already legal without a permit for residents and non-residents.
Tennessee (handguns only)
On March 18, 2021, the Tennessee Senate
The Tennessee Senate is the upper house of the U.S. state of Tennessee's state legislature, which is known formally as the Tennessee General Assembly.
The Tennessee Senate has the power to pass resolutions concerning essentially any issue rega ...
passed Senate Bill 765, 23–9. On March 29, 2021, the Tennessee House of Representatives
The Tennessee House of Representatives is the lower house of the Tennessee General Assembly, the state legislature of the U.S. state of Tennessee.
Constitutional requirements
According to the state constitution of 1870, this body is to consis ...
passed the bill, 64–29. Governor Bill Lee signed the bill on April 8, 2021. The law, which took effect July 1, 2021, allows for both open and concealed carrying of handguns by any unprohibited person, resident or non-resident, 21 and older without a permit as well as for current and former U.S. military members ages 18 to 20. Non-residents 18 to 20 may carry but are required to possess a recognized permit to carry. It does not apply to long guns, a point of contention among gun rights activists.
Texas
On April 19, 2021, the Texas House
The Texas House of Representatives is the lower house of the bicameral Texas Legislature. It consists of 150 members who are elected from single-member districts for two-year terms. As of the 2010 United States census, each member represents abou ...
approved HB 1927. The Texas Senate
The Texas Senate ( es, Senado de Texas) is the upper house of the Texas State Legislature. There are 31 members of the Senate, representing single-member districts across the U.S. state of Texas, with populations of approximately 806,000 per cons ...
approved an amended version on May 5. The House chose to reject the Senate changes and a conference committee was formed. The compromise version was then approved by the House on May 23 and the Senate on May 24. The bill was sent to Texas Governor Greg Abbott
Gregory Wayne Abbott (born November 13, 1957) is an American politician, attorney, and former jurist serving as the 48th governor of Texas since 2015. A member of the Republican Party (United States), Republican Party, he served as the 50th Tex ...
on May 28 and he signed it into law on June 16, 2021. The bill took effect on September 1, 2021. The new law allows the carrying of a handgun without a license, openly or concealed, for both residents and non-residents, as long as one is 21 years or older, legally able to possess a handgun, and has not been convicted in the last five years of misdemeanor bodily assault causing injury, deadly conduct, terroristic threat, or disorderly conduct (display or discharge) of a firearm. Open carry requires a holster. Carrying long guns without a license was already legal.
Utah
On February 12, 2021, 2021 Utah
Utah ( , ) is a state in the Mountain West subregion of the Western United States. Utah is a landlocked U.S. state bordered to its east by Colorado, to its northeast by Wyoming, to its north by Idaho, to its south by Arizona, and to it ...
Governor Spencer Cox signed HB60 into law (effective May 5, 2021). It took effect May 5, 2021. It allows for permitless carry, both openly and concealed, for adults over the age of 21. Adults in Utah ages 18–20 are allowed to concealed carry with a provisional permit or open carry without a permit if unloaded – two actions away from firing.[e.g. 1) rack the slide to chamber, and 2) pull the trigger; or must carry with no bullet in the next chamber in a revolver, so have to pull the trigger twice to fire.]
Previously, in 2013, HB76 was passed by a two-thirds majority in both the state House and the state Senate, but Governor Gary Herbert
Gary Richard Herbert (born May 7, 1947) is an American politician who served as the 17th Governor of Utah from 2009 to 2021. A member of the Republican Party, he chaired the National Governors Association during the 2015–2016 cycle.
Herbert wo ...
subsequently vetoed the bill, stating that the existing gun laws did not restrict one's ability to acquire a concealed carry permit, and "we're not the wild and woolly west." Other attempts had been made to renew the efforts, but had failed because then-Governor Herbert had stated he would veto the effort.
Vermont
For many decades, the only state to allow "constitutional carry" of a handgun (''i.e.'', without any government permit) was Vermont
Vermont () is a state in the northeast New England region of the United States. Vermont is bordered by the states of Massachusetts to the south, New Hampshire to the east, and New York to the west, and the Canadian province of Quebec to ...
. From the formation of the 13 original states, "constitutional carry" was the law in all states until the 19th century. By the 20th century, all states except Vermont had enacted concealed carry bans, with the exemption in most states for those citizens with a permit. Due to wording in its state constitution and decisions made by the state courts, Vermont has never been able to have a restriction on the method of how one could carry a firearm, and thus, in this regard, Vermont stood entirely separate from the rest of the United States for quite some time. No permit is required (or offered) for open carry and concealed carry, and this applies to both residents and nonresidents 16+ who can legally own a firearm. Because of this, constitutional carry is still sometimes referred to as "Vermont carry".
West Virginia
HB 4145 was passed by the West Virginia
West Virginia is a state in the Appalachian, Mid-Atlantic and Southeastern regions of the United States.The Census Bureau and the Association of American Geographers classify West Virginia as part of the Southern United States while the Bur ...
House
A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air condi ...
on February 8, 2016, and Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
on February 22, 2016, but vetoed by Governor Earl Ray Tomblin
Earl Ray Tomblin (born March 15, 1952) is an American politician who served as the 35th governor of West Virginia from 2011 to 2017. A member of the Democratic Party, he previously served in the West Virginia Senate from 1980 to 2011 and as pre ...
on March 3, 2016. The House then voted to override the veto on March 4, 2016, and the Senate voted to override on March 5, 2016. The law took effect on May 24, 2016. No permit is needed to open carry for residents and nonresidents 18+ and for concealed carry for residents and nonresidents 21+. Residents and nonresidents may carry concealed if between 18 and 21 with a recognized permit.
Wyoming
On March 2, 2011, Wyoming
Wyoming () is a U.S. state, state in the Mountain states, Mountain West subregion of the Western United States. It is bordered by Montana to the north and northwest, South Dakota and Nebraska to the east, Idaho to the west, Utah to the south ...
Governor Matt Mead
Matthew Hansen Mead (born March 11, 1962) is an American attorney, businessman, and politician who served as the 32nd Governor of Wyoming from 2011 to 2019. A member of the Republican Party, he previously was the United States Attorney for the D ...
signed legislation to allow constitutional carry for residents of the state, effective July 1, 2011. On April 6, 2021, Governor Mark Gordon
Mark Gordon (born March 14, 1957) is an American politician who has served as the 33rd governor of Wyoming since January 7, 2019. A member of the Republican Party, he previously served as state treasurer; then-governor Matt Mead appointed him ...
signed a bill allowing constitutional carry for residents of other states, effective July 1, 2021. Under the law, United States citizens and lawful permanent residents age 21 or older may carry concealed or openly without a permit. People under 21 must have a valid concealed carry permit from a jurisdiction that Wyoming recognizes if they wish to carry concealed, or can open carry without a permit.
Wyoming is similar to Vermont in that the police may not disarm a citizen just because they "feel" it's necessary.
U.S. states that have a limited form of permitless concealed carry
Certain states may have a limited form of permitless carry, restricted based on one or more of the following: a person's location, the loaded/unloaded state of the firearm, or the specific persons who may carry without a permit. , three of these states are Illinois
Illinois ( ) is a U.S. state, state in the Midwestern United States, Midwestern United States. Its largest metropolitan areas include the Chicago metropolitan area, and the Metro East section, of Greater St. Louis. Other smaller metropolita ...
, New Mexico
)
, population_demonym = New Mexican ( es, Neomexicano, Neomejicano, Nuevo Mexicano)
, seat = Santa Fe
, LargestCity = Albuquerque
, LargestMetro = Tiguex
, OfficialLang = None
, Languages = English, Spanish ( New Mexican), Navajo, Ker ...
and Washington
Washington commonly refers to:
* Washington (state), United States
* Washington, D.C., the capital of the United States
** A metonym for the federal government of the United States
** Washington metropolitan area, the metropolitan area centered o ...
.
Illinois (Non-resident, Unloaded and fully enclosed weapon)
In 1996, the Fourth District Illinois Appellate Court
The Illinois Appellate Court is the court of first appeal for civil and criminal cases rising in the Illinois Circuit Courts. Three Illinois Appellate Court judges hear each case and the concurrence of two is necessary to render a decision. The ...
ruled that an unloaded handgun carried in a purse did not meet the definition of unlawful use of a weapon per se due to being fully enclosed and possessed in conjunction with a FOID card of an Illinois resident. Following this ruling, a movement started in the early 2000s dubbed ''Fanny Pack Carry'', where proponents carried unloaded handguns in fanny packs to protest the state's outright ban on carrying loaded firearms. This resulted in several arrests, but ultimately every criminal prosecution failed and resulted in one successful wrongful arrest lawsuit.
In 2009 the Supreme Court of Illinois
The Supreme Court of Illinois is the state supreme court, the highest court of the State of Illinois. The court's authority is granted in Article VI of the current Illinois Constitution, which provides for seven justices elected from the five ap ...
ruled that any object that fully encloses a handgun and fastens closed in any form or manner legally constitutes a ''"case"'' per se under Illinois Law.
Following this in 2011 before the passage of Conceal Carry in Illinois, the Illinois Department of Natural Resources published a brochure which stated that to ''transport a firearm on one's person'', one only has to meet three conditions:
# Unloaded
# Enclosed in a case
# Possessed in conjunction with an Illinois FOID.
The Illinois State Police
Illinois ( ) is a state in the Midwestern United States. Its largest metropolitan areas include the Chicago metropolitan area, and the Metro East section, of Greater St. Louis. Other smaller metropolitan areas include, Peoria and Rockfor ...
reaffirmed this in a 2012 brochure that states that a person may have a firearm upon their person as long as it's unloaded and enclosed in a case.
Non-residents of Illinois are specifically exempted from the requirement to have a FOID Card while carrying an unloaded firearm enclosed in a case.
New Mexico (unloaded weapon)
Under New Mexico
)
, population_demonym = New Mexican ( es, Neomexicano, Neomejicano, Nuevo Mexicano)
, seat = Santa Fe
, LargestCity = Albuquerque
, LargestMetro = Tiguex
, OfficialLang = None
, Languages = English, Spanish ( New Mexican), Navajo, Ker ...
law, no permit is needed for open carry for anyone 19+ but a concealed handgun license is required for concealed carry when the weapon is both loaded and concealed, and the individual carrying is on foot. It is legal to carry an unloaded firearm.
Washington (outdoor recreational activities)
Washington
Washington commonly refers to:
* Washington (state), United States
* Washington, D.C., the capital of the United States
** A metonym for the federal government of the United States
** Washington metropolitan area, the metropolitan area centered o ...
allows for open carry without a permit, and concealed carry without a permit when a person is hiking, hunting, fishing, camping, horseback riding, or performing some other lawful outdoor recreational activity, so long as it is reasonable to assume that they are performing that activity or traveling to or from the activity.
U.S. states with only permitless open carry
Most U.S. states have historically only regulated the concealed carrying of weapons while leaving the open carrying of legal weapons largely unregulated. The states of Colorado
Colorado (, other variants) is a state in the Mountain West subregion of the Western United States. It encompasses most of the Southern Rocky Mountains, as well as the northeastern portion of the Colorado Plateau and the western edge of t ...
, Delaware
Delaware ( ) is a state in the Mid-Atlantic region of the United States, bordering Maryland to its south and west; Pennsylvania to its north; and New Jersey and the Atlantic Ocean to its east. The state takes its name from the adjacent Del ...
, Louisiana
Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is borde ...
, Michigan
Michigan () is a state in the Great Lakes region of the upper Midwestern United States. With a population of nearly 10.12 million and an area of nearly , Michigan is the 10th-largest state by population, the 11th-largest by area, and the ...
, Nebraska
Nebraska () is a state in the Midwestern region of the United States. It is bordered by South Dakota to the north; Iowa to the east and Missouri to the southeast, both across the Missouri River; Kansas to the south; Colorado to the southwe ...
, Nevada
Nevada ( ; ) is a U.S. state, state in the Western United States, Western region of the United States. It is bordered by Oregon to the northwest, Idaho to the northeast, California to the west, Arizona to the southeast, and Utah to the east. N ...
, North Carolina
North Carolina () is a state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and So ...
, Oregon
Oregon () is a U.S. state, state in the Pacific Northwest region of the Western United States. The Columbia River delineates much of Oregon's northern boundary with Washington (state), Washington, while the Snake River delineates much of it ...
, Pennsylvania
Pennsylvania (; ( Pennsylvania Dutch: )), officially the Commonwealth of Pennsylvania, is a state spanning the Mid-Atlantic, Northeastern, Appalachian, and Great Lakes regions of the United States. It borders Delaware to its southeast, ...
, Virginia
Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth ar ...
, and Wisconsin
Wisconsin () is a state in the upper Midwestern United States. Wisconsin is the 25th-largest state by total area and the 20th-most populous. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake M ...
allow for the unlicensed carrying of handguns openly while still requiring a permit for concealed carry. Since these states do not allow for permitless concealed carry they are not considered full constitutional carry states.
Colorado
Colorado
Colorado (, other variants) is a state in the Mountain West subregion of the Western United States. It encompasses most of the Southern Rocky Mountains, as well as the northeastern portion of the Colorado Plateau and the western edge of t ...
does not regulate the unlicensed open carry of firearms at a state level for those 18+. In 2021, the Colorado General Assembly
The Colorado General Assembly is the state legislature of the State of Colorado. It is a bicameral legislature that was created by the 1876 state constitution. Its statutes are codified in the ''Colorado Revised Statutes'' (C.R.S.). The ses ...
removed preemption of firearm laws allowing local jurisdictions to regulate the open carrying of firearms. Colorado also considers your vehicle an extension of your home and does not require a permit to conceal carry while inside a private automobile or in some other private means of conveyance.
Delaware
Open carry without a permit is generally permitted in Delaware
Delaware ( ) is a state in the Mid-Atlantic region of the United States, bordering Maryland to its south and west; Pennsylvania to its north; and New Jersey and the Atlantic Ocean to its east. The state takes its name from the adjacent Del ...
for those 18+. In 2014, the Delaware Supreme Court
The Delaware Supreme Court is the sole appellate court in the United States state of Delaware. Because Delaware is a popular haven for corporations, the Court has developed a worldwide reputation as a respected source of corporate law decision ...
made a ruling that recognized open carry as a long standing fundamental right, and could only be prohibited by local ordinances in effect prior to July 4, 1985. The city of Dover
Dover () is a town and major ferry port in Kent, South East England. It faces France across the Strait of Dover, the narrowest part of the English Channel at from Cap Gris Nez in France. It lies south-east of Canterbury and east of Maidstone ...
formerly required a permit from the police chief for a state concealed permit to open carry, but this was repealed in October 2015 in accordance with the ruling.
Louisiana
Open carry without a permit is generally permitted in Louisiana
Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is borde ...
for those 17+, except in local jurisdictions with ordinances regulating open carry passed before July 15, 1985.
Michigan
Open carry without a permit is generally permitted in Michigan
Michigan () is a state in the Great Lakes region of the upper Midwestern United States. With a population of nearly 10.12 million and an area of nearly , Michigan is the 10th-largest state by population, the 11th-largest by area, and the ...
for those 18+. A permit is still required to carry in a vehicle.
Nebraska
Open carry without a permit is generally legal in Nebraska
Nebraska () is a state in the Midwestern region of the United States. It is bordered by South Dakota to the north; Iowa to the east and Missouri to the southeast, both across the Missouri River; Kansas to the south; Colorado to the southwe ...
for those 18+, but may be restricted by local governments. A permit is required while open carrying in a vehicle since the Nebraska Supreme Court
The Nebraska Supreme Court is the highest court in the U.S. state of Nebraska. The court consists of a chief justice and six associate justices. Each justice is initially appointed by the governor of Nebraska; using the Missouri Plan, each just ...
ruled that a permit is required in order to have a firearm in a vehicle, even if it is in a locked case because it constitutes "carrying a concealed weapon on or about one's person" if it can be accessed from within the vehicle, regardless of where it's located.
Nevada
Open carry without a permit is generally permitted in Nevada
Nevada ( ; ) is a U.S. state, state in the Western United States, Western region of the United States. It is bordered by Oregon to the northwest, Idaho to the northeast, California to the west, Arizona to the southeast, and Utah to the east. N ...
for those 18+. For open carry in a vehicle, the firearm may be anywhere except concealed upon the person without a permit.
North Carolina
Open carry without a permit is generally permitted in North Carolina
North Carolina () is a state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and So ...
for those 18+. The preemption laws do not fully encompass open carry, and some municipalities have banned it on town property.
Oregon
Open carry without a permit is generally permitted under Oregon
Oregon () is a U.S. state, state in the Pacific Northwest region of the Western United States. The Columbia River delineates much of Oregon's northern boundary with Washington (state), Washington, while the Snake River delineates much of it ...
state law for 18+. However, Oregon law allows a city or county to regulate open carry of loaded firearms in public places, with holders of concealed carry permits being exempt. (ORS 166.173) The cities of Portland, Beaverton, Tigard, Oregon City, Salem, and Independence, as well as Multnomah County, have statutes that do not allow open carry of loaded firearms (unless one has a concealed carry permit).
Pennsylvania
Open carry is generally legal under Pennsylvania
Pennsylvania (; ( Pennsylvania Dutch: )), officially the Commonwealth of Pennsylvania, is a state spanning the Mid-Atlantic, Northeastern, Appalachian, and Great Lakes regions of the United States. It borders Delaware to its southeast, ...
state law for those 18+. However, exceptions are made for Philadelphia
Philadelphia, often called Philly, is the largest city in the Commonwealth of Pennsylvania, the sixth-largest city in the U.S., the second-largest city in both the Northeast megalopolis and Mid-Atlantic regions after New York City. Sinc ...
as a “City of the First Class”, in a vehicle, or during a declared state of emergency unless one has a carry permit. On May 31, 2019, the Supreme Court of Pennsylvania
The Supreme Court of Pennsylvania is the highest court in the Commonwealth of Pennsylvania's Unified Judicial System. It also claims to be the oldest appellate court in the United States, a claim that is disputed by the Massachusetts Supreme ...
ruled that carrying a firearm is not reasonable suspicion to detain someone.
Virginia
Open carry is generally allowed in Virginia
Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth ar ...
without a permit for people 18 years of age and older. The following cities and counties have exceptions that disallow the open carry of a loaded semi-automatic center-fire rifle or pistol that expels single or multiple projectiles by the action of an explosion of a combustible material and is equipped at the time of the offense with a magazine that will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock or shotguns equipped with a magazine that holds more than 7 rounds: the Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, and Virginia Beach and in the Counties of Arlington, Fairfax, Henrico, Loudoun, and Prince William. These restrictions do not apply to valid concealed carry permit holders.
Wisconsin
Open carry without a permit is generally permitted in Wisconsin
Wisconsin () is a state in the upper Midwestern United States. Wisconsin is the 25th-largest state by total area and the 20th-most populous. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake M ...
for those 18+. A permit is required while open carrying a loaded handgun in a vehicle since the Wisconsin Supreme Court
The Wisconsin Supreme Court is the highest appellate court in Wisconsin. The Supreme Court has jurisdiction over original actions, appeals from lower courts, and regulation or administration of the practice of law in Wisconsin.
Location
The Wi ...
ruled that carrying a loaded handgun "within reach" constitutes carrying as per the Concealed Carry Act.
Ages to carry without a permit
* May carry at age 18 if active or honorably discharged member of the U.S. military.
** Non-residents of Oklahoma from states that allow permitless carry under the age of 21 are allowed to carry without a permit in Oklahoma at the age permitted by their state of residence for permitless carry.
*** North Dakota only permits permitless concealed carry for residents of the state.
**** Texas Law originally set the age to 21 but was later declared unconstitutional by Federal Court ruling.
See also
* Concealed carry in the United States
Concealed carry, or carrying a concealed weapon (CCW), is the practice of carrying a weapon (such as a handgun) in public in a concealed manner, either on one's person or in close proximity. CCW is often practiced as a means of self-defense. Every ...
* Gun laws in the United States (federal)
* Gun laws in the United States (by state)
Gun laws in the United States regulate the sale, possession, and use of firearms and ammunition. State laws (and the laws of the District of Columbia and of the U.S. territories) vary considerably, and are independent of existing federal fire ...
* Open carry in the United States
In the United States, open carry refers to the practice of visibly carrying a firearm in public places, as distinguished from concealed carry, where firearms cannot be seen by the casual observer. To "carry" in this context indicates that the ...
Notes
References
{{Gun laws in the United States by state
Licenses
Gun politics in the United States
Self-defense
United States firearms law