What is “Constitutional Carry” / Unrestricted / Permitless Carry ?
Constitutional carry is one of several terms for carrying a firearm without a state permit.
What is constitutional carry?
Although the terms constitutional carry, permitless carry and unrestricted carry are often used interchangeably, definitions of the terms differ. The phrase “constitutional carry” reflects the view that the Second Amendment to the U.S. Constitution does not abide restrictions on gun rights, including the right to carry or bear arms.
Constitutional carry: 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) so no state permit is required. Sometimes, constitutional carry may be conditional, such as in those states that have no laws prohibiting the open carry of a handgun but which require a permit to carry the handgun concealed. Thus, it affirms the Second Amendment of the Constitution and allows citizens their right to bear arms.
What is permitless carry?
Permitless carry: Permitless carry includes constitutional carry states as well as states where an individual must meet certain qualifications, e.g., no DUIs in the last 10 years, in order to legally carry (Tennessee). Some states are fully unrestricted, meaning they require no permit for open or concealed carry. Others allow the open carry of a firearm/or handgun without a permit but require a permit for concealment.
For more information on state laws regarding open carry, see USCCA’s open carry page.
Where constitutional carry and permitless carry apply
As of July 2, 2022, Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Maine, Mississippi, Missouri, Montana, New Hampshire, North Dakota (residents only; concealed carry only), Ohio, Oklahoma, South Dakota, Tennessee (handguns only), Texas, Utah, Vermont, West Virginia, and Wyoming generally allow most law-abiding adults to carry a loaded concealed firearm without a permit.
CONSTITUTION OF UNITED STATES OF AMERICA:
“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
Amendment II
Learn more about permitless carry on Wikipedia.
Key takeaways
- The terms constitutional carry, permitless carry and unrestricted carry are often used interchangeably, but their definitions differ.
- It means the state’s law does not prohibit citizens who can legally possess a firearm from carrying handguns, openly and/or concealed, so no state permit is required.
- Permitless carry includes those states as well as states where an individual must meet certain qualifications.
- As of July 2, 2022, the states listed above generally allow most law-abiding adults to carry a loaded concealed firearm without a permit.
Related reading on Creative Geniusess
- Alameda County Sheriffs Threatened With Lawsuit for Slow and Invasive Concealed Carry Permitting covers criticism over the issuing of concealed carry weapon (CCW) permits.
- Florida Passes Bill Approving Concealed Carry without Permit covers a Florida bill on carrying without an issued permit.
- California is a “Shall-Issue” Conceal Carry Weapon (CCW) Permit State is a summary of California gun laws.
