Constitutional Carry of Guns
The phrase “constitutional carry” refers to the Second Amendment’s “right to bear arms.” It means a resident does not have to obtain a state permit to carry a concealed weapon in that state. Constitutional carry laws “allow individuals to carry loaded, concealed handguns in public without first undergoing a background check, obtaining a license, or receiving any firearm training,” according to the Center for American Progress. Concealed carry means the firearm must be out of sight: for example, in a holster under a jacket or in a handbag. [1]
Some pro-gun organizations differentiate constitutional carry from “permitless carry,” with the latter carrying some restrictions such as no DUI convictions in the past ten years. However, common use of the phrase “constitutional carry” usually means “permitless carry” and “unrestricted carry” of a concealed firearm. [2]
The movement to allow constitutional carry is fairly new. The effort follows the lobbying campaign to pass “shall-issue” concealed carry laws in every state, meaning the state would issue a permit as long as the applicant meets basic requirements, such as not having a felony conviction. Before shall-issue laws became the norm, states could refuse to issue any permits (“no-issue” states) or only issue permits based on strict requirements (so-called “may-issue” states), such as when a firearm may be needed because the applicant’s life is in danger. As of Mar. 2024, there were zero no-issue states but two no-issue territories, two may-issue states plus two territories, and 48 shall-issue states plus D.C. and Puerto Rico.
Once the majority of states had shall-issue laws, lobbying shifted to promote constitutional carry laws. While Vermont has never required permits, every other state, U.S. territory, and D.C. required a permit for concealed carry until 2003, when Alaska removed the permit requirement. The push for constitutional carry gained considerable steam after Arizona Gov. Jan Brewer signed a constitutional carry law eliminating the concealed carry permit requirement. (The firearm still needed to be concealed, but acquiring the permit was no longer necessary.) Other states then followed Arizona’s lead. [3][4][5][6]
The cause was advanced further on June 23, 2022, when the U.S. Supreme Court ruled (in New York State Rifle & Pistol Association v. Bruen) that New York’s may-issue concealed carry permit law, which required applicants to show “proper cause” for the concealed carry permit, was unconstitutional. Writing for the 6–3 majority, Justice Clarence Thomas argued, “Because the State of New York issues public-carry licenses only when an applicant demonstrates a special need for self-defense, we conclude that the State’s licensing regime violates the Constitution.” The ruling essentially shifted New York from may-issue to shall-issue. Most of the remaining may-issue states—California, Hawaii, Maryland, Massachusetts, and New Jersey—shifted their legislation to shall-issue in the wake of the ruling. Only Connecticut and Delaware chose to stick with their may-issue laws. [7][8]
Between the passage of the Arizona law in 2010 and Mar. 7, 2024, when South Carolina Gov. Henry McMaster signed a permitless carry law, 29 states have become constitutional carry states, with several states considering like-minded legislation. [2][9]
As of Mar. 2024, constitutional carry laws have focused on concealed carry because open carry (carrying a visible gun in public) is largely legal.
Categories of Concealed Carry Permit Laws
State laws on concealed carry have traditionally fallen into four categories:
- No-Issue: Citizens may not carry a concealed handgun. As of July 2013, with the passage of a shall-issue law in Illinois, there are zero no-issue states. However, two U.S. territories have no-issue laws and do not allow the concealed carry of guns: American Samoa and the Northern Mariana Islands. [10][11][12]
- May-Issue: Citizens may be granted concealed carry permits at the discretion of local authorities, who may deny permits. Individual state requirements vary but may include residency, passing a training course, and passing a criminal background check. There are two may-issue states and two may-issue territories: Connecticut, Delaware, Guam, and the U.S. Virgin Islands. [13][14][15]
- Shall-Issue: Local authorities are required to issue concealed carry permits as long as the applicant meets basic requirements such as a minimum age, no prior felony conviction, and no recent commitments to a mental institution. State laws vary on whether the permit applicant needs to be a resident. Forty-eight states, D.C., and Puerto Rico are shall-issue jurisdictions, some of which are also constitutional carry states. In many constitutional carry states, permits will be issued upon request and completion of requirements for purposes of reciprocity (concealed carry in other states) or other reasons. [15][16]
- Constitutional Carry, also called Unrestricted and Permitless Carry: No permit is required to carry a concealed handgun. State laws vary based on residency requirements and some may include minor regulations, including lack of felony convictions. There were 29 constitutional carry states as of Mar. 7, 2024. [2][10][17]
Categories of Open Carry Laws
Unlike concealed carry, open carry has not been widely legislated. Open carry, which is carrying a firearm visibly in public, is only regulated in 13 states and three territories. Open carry laws, where they exist, are more complicated than concealed carry laws because open carry laws must consider long guns (shotguns, rifles, etc.), while concealed carry refers to handguns. States with regulations usually consider handguns and long guns separately.
- Prohibited: Citizens may not carry a visible gun of any variety in public. Open carry is prohibited entirely in four states, D.C., and two territories: California, Connecticut, Florida, Illinois, Puerto Rico, and the U.S. Virgin Islands.
- Prohibited Open Carry of Handguns; Open Carry of Rifles and Shotguns Not Regulated: Citizens may not carry a visible handgun but may carry a visible rifle or shotgun. This category includes two states and one territory: Maryland, New York, and American Samoa.
- Permitted Open Carry of Handguns; Prohibited Open Carry of Rifles and Shotguns: Citizens may carry a visible handgun in public with a permit but may not open carry rifles or shotguns. Two states, Hawaii and Rhode Island, fall into this category, though the latter will permit open carry of rifles or shotguns if the gun is not loaded.
- Prohibited Open Carry of Handguns; Permitted Open Carry of Long Guns:Citizens may visibly carry long guns with a permit but may not open carry handguns. New Jersey is the only state in this category.
- Permitted Open Carry: Citizens may openly carry any firearm in public with a permit. Two states and one territory fit this category: Massachusetts, Minnesota, and Guam.
- Unregulated Open Carry of Handguns; Prohibited Open Carry of Rifles and Shotguns: Citizens may carry a visible handgun without a permit but may not openly carry a rifle or shotgun unless the weapon is not loaded. Tennessee is the only state in this category.
- No Open Carry Regulation for Any Legal Gun: Citizens may carry any legal firearm (i.e., no automatic weapons) visibly in public without a permit. There are 38 states and one territory in this category: Alabama, Alaska, Arizona, Arkansas, Colorado, Delaware, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, and the Northern Mariana Islands. [11][13][14][16][18][19][20][21]
| PROS | CONS |
|---|---|
| Pro 1: Constitutional carry increases individual and public safety. Read More. | Con 1: Constitutional carry eliminates safety features of permit laws. Read More. |
| Pro 2: The Second Amendment protects citizens’ right to carry a concealed weapon without government interference. Read More. | Con 2: The Second Amendment does not protect the right to carry a concealed weapon. Read More. |
| Pro 3: Permits are nothing but red tape. Read More. | Con 3: No one should be allowed to carry a concealed weapon, period. Read More. |
Pro Arguments
(Go to Con Arguments)Pro 1: Constitutional carry increases individual and public safety.
Constitutional carry empowers law-abiding gun owners to protect themselves and others from criminals. Even though states disallow felons and other criminals from possessing firearms, criminals obviously aren’t keen on following the law. Constitutional carry means criminals have no idea who in their vicinity might be carrying a concealed gun, which increases the danger for the criminal. What might have been a simple robbery at an ATM after dark in a no-issue state could turn fatal for the robber in a constitutional carry state. [22]
Allowing the law-abiding to carry firearms also allows for a faster response to a shooting. The police or other first responders take an average of seven minutes after a 911 call to arrive on scene nationwide. In rural areas, the average increases to 14 minutes. Calling 911 may be difficult and delayed during shootings, which can result in many more victims. However, if a law-abiding person is present with a gun, the shooter may be more quickly subdued. [23]
In fact, “of the top 10 states with the lowest violent crime rates, 5 have constitutional carry, including the 3 safest—Maine, New Hampshire, and Vermont,” according to America First Policy Institute. [24]
“When analyzing violent crime rates of constitutional carry states … in years since enactment, the states either reflected the national trend in violent crime or showed a relative decrease in their violent crime rates. It is certainly more likely that violent crime trends nationwide are driven by socioeconomic factors, illegal immigration, family-unit collapse, woke prosecutors, and the opioid crisis than any concealed carry laws. The negative or no net change in violent crime rates in states with constitutional carry easily refutes any assertion that these laws will turn our country into a mythicized view of the Wild West,” conclude Ray Nothstine and John Ferebee of the John Locke Foundation. [35]
Pro 2: The Second Amendment protects citizens’ right to carry a concealed weapon without government interference.
The Second Amendment protects “the right of the people to keep and bear Arms.” The Amendment clearly states that the right “shall not be infringed.”
Constitutional carry laws simply protect the “fundamental right to carry a firearm for self-defense as enshrined in our Constitution—as opposed to a government privilege that citizens must ask permission to exercise,” according to Jason Ouimet, National Rifle Association-Institute for Legislative Action (NRA-ILA) executive director. [26]
Of the rights extended by the U.S. Constitution and Bill of Rights, no other requires permission from the government to exercise. Misuse or abuse of rights may result in penalties, such as shouting “fire!” in a crowded theater in which there is no emergency, but no one needs permission to exercise freedom of speech or to choose their own religion, for example.
Why should law-abiding citizens have to get permission to keep and bear arms when both are protected by the Constitution?
Pro 3: Permits are nothing but red tape.
Every state that has or is considering constitutional carry legislation was or is a shall-issue state, meaning the state will always issue a permit if basic requirements are met. Those same basic requirements apply to constitutional carry: minimum age and no felony convictions, for example. Eliminating the need for a permit eliminates redundant government bureaucracy and red tape. [27]
Eliminating the permit also eliminates financial barriers. And, as the National Rifle Association’s (NRA) Dave Kopel and Alexander Adams note, “constitutional carry also eliminates the possibility of bias against any racial, gender or socioeconomic groups in the permitting process.” [27]
“Even if we ignore the faulty logic that a constitutionally protected right should only come with a permit from the government, we cannot ignore the harm this does to people in lesser economic positions. Here’s a hypothetical situation: A woman in Ohio is experiencing a domestic abuse situation and is fearful for her life. This woman will be required to spend an average of $200 for the necessary training and application fees that come with a concealed handgun license. If she needs an emergency permit before getting training, she will spend about $50 more for the temporary license. This is an unacceptable financial burden for this woman who is merely trying to protect herself; really, an unacceptable burden on anybody in a lesser economic position who is trying to protect their loved ones,” explains attorney and shooting instructor Deron M. Boring.[28]
Pro Quotes
Concealed Coalition states:
“Gun owners who live in a constitutional carry state do not have to spend money on licensing costs or training fees, and they avoid the application and waiting process. Constitutional carry renders firearm ownership a right, as was originally intended, rather than the status of a privilege due to permit requirements.”
— Concealed Coalition, “Constitutional Carry and Reciprocity,” my.concealedcoalition.com (accessed Apr. 16, 2024)
America First Policy Institute states:
“Constitutional carry, or permitless carry, codifies the right of law-abiding citizens to carry a handgun—both open and concealed carry—without a permit and is the primary way states recognize the right to bear arms as an extension of the right to self-defense, not a privilege bestowed by government….
Constitutional carry allows law-abiding Americans to carry firearms freely, without bureaucratic restrictions or government mandates like mandatory training requirements and other deterrent or restrictive policies.
Low-income citizens may especially benefit from constitutional carry laws in states that currently impose onerous fees throughout the permitting process….
Constitutional carry does NOT allow felons or other prohibited persons to own/carry a firearm…. Constitutional carry, or loosening any restrictions on the right to carry, will NOT lead to an increase in crime.”
— America First Policy Institute, “What is Constitutional Carry? State Legislation: Permitless Carry,” americafirstpolicy.com, Nov. 29, 2022
Lars Dalseide, spokesperson for the NRA, states:
“One of the main reasons the NRA leads the constitutional carry effort across the country is to provide as many law-abiding Americans as possible with the right to defend themselves and their loved ones outside their homes. Licensing costs can be prohibitive for those who don’t have the means—especially during these trying economic times. Self-defense should not be a luxury for a few. Instead, it should be available to every law-abiding American who wishes to exercise that right.”
— Emma Tucker, “ ‘They Will Come to Know the Lives They Didn’t Save’: States Forge Ahead with Permitless Carry Legislation Despite Law Enforcement Opposition,” cnn.com, Mar. 5, 2022
Jacob S. Paulsen, president of ConcealedCarry.com, states:
“The ability to own a firearm and use it in self-defense is a protected right spelled out in the US constitution’s Second Amendment. As part of our Bill of Rights, most gun owners feel strongly (and I count myself as among this group) that the government should require no license to exercise one’s right to keep and bear arms, and that right includes carrying a firearm concealed…. We unabashedly support constitutional carry legislation. We have gone on the record every time to say we do not believe permits should be required to possess and carry a firearm.”
— Jacob S. Paulsen, “Constitutional Carry and Permitless Carry: Breaking Down the Pros and Cons,” concealedcarry.com, July 13, 2021
Con Arguments
(Go to Pro Arguments)Con 1: Constitutional carry eliminates safety features of permit laws.
Constitutional carry eliminates training, background checks, and other safety measures. Some lower the age to carry guns from 21 to 18.
An NRA-certified firearm instructor explains, “Live-fire training is critical to making sure that people who carry guns … know how to load and fire that weapon properly and safely. When someone wants to get a license to drive a car, they have to prove they can operate a vehicle safely. It would be ludicrous to give someone a driver’s license after only watching an online video. A handgun carry permit should be no different.” [29]
“Proponents of these laws have called them ‘constitutional carry,’ but there is nothing in the Constitution that requires letting unvetted, potentially dangerous, and untrained individuals carry guns in public. The research is abundantly clear that having unvetted, untrained people carrying hidden loaded guns in our malls, supermarkets, movie theaters, restaurants, and city streets will make those places less safe, turning arguments and fistfights into deadly shootings,” concludes Giffords Law Center. [30]
A Giffords study found that states with weak or no permit requirements saw “a 13 to 15% increase in violent crime and an 11% increase in handgun homicides.” A Johns Hopkins study found permitless carry resulted in a 32% increase in violent gun assaults. So-called “law-abiding” people carrying a gun without a permit may escalate or exacerbate violent situations or turn a situation that would have resulted in injuries into a fatal encounter. [30][31]
Even the pro-gun publisher of The Truth About Guns, Robert Farago, says people should not carry concealed weapons if their threat level is low and they are not trained to use a gun. A may-issue permit system requires both an appropriate threat level and training. [32]
Con 2: The Second Amendment does not protect the right to carry a concealed weapon.
The Second Amendment does not guarantee the right to keep or bear arms for individuals. The amendment guarantees the right of a state militia to keep and bear arms.
“At the time of the Bill of Rights, people were apprehensive about the new national government presented to them…. [Thus] the need for a State militia was the predicate of the ‘right’ guarantee, so as to protect the security of the State,” according to a Department of Justice summary. It is “desirable for the State to have reasonable regulations for the ownership and use of a firearm in an effort to stop mindless homicidal carnage.” [33]
In fact, Americans were not allowed to travel with guns at the country’s inception, and concealed carry was widely outlawed by the 1880s. [34][35][36][37]
Nothing in the U.S. Constitution in theory or contemporary practice indicates that individual citizens should be able to carry guns, concealed or not, with or without a permit.
Con 3: No one should be allowed to carry a concealed weapon, period.
“We humans, we’re really not set up emotionally to carry around such a deadly weapon all the time,” says Lisa Winkler of Moms Demand Action. “We have egos, and many times the anger causes an irrevocable deadly decision.” [38]
Journalist Tom Demerly, who has reported from conflict zones and who enjoys shooting, lists a variety of reasons why he doesn’t carry a concealed gun, including inconvenience, the increased responsibility of choosing whether to shoot and possibly kill someone, making friends and others around him uncomfortable, and the statistical unlikelihood that he will need a gun in public. [39]
At the top of Demerly’s list, he says, “I have seen firsthand what it is to live in a community governed by threat of force. That is not how I want to live. Our society and culture develops congruent with our vision. If our vision is an armed society, that will be our reality. If our vision is a society less reliant on arms to solve and prevent problems, our reality will manifest that way. That is how I want to live.” [39]
We have seen the slippery slope from reasonable gun control to shall-issue laws to permitless concealed carry. Next comes permitless open carry. “I just said a prayer last night that I hope my greatest fears don’t come true, and that’s that South Carolina becomes the Wild, Wild West,” says Richland County, South Carolina, Sheriff Leon Lott after the state passed a constitutional carry law. [40]
Con Quotes
Leon Lott, commander of the South Carolina State Guard and the sheriff of Richland County, South Carolina, states:
“I said a prayer last night [after Gov. Henry McMaster signed constitutional carry into law] that Richland County does not turn into the wild wild west. This is a win for the criminals, who can now walk around with a gun and law enforcement cannot do anything about it. I support the right to carry and it was already in place with conceal weapons permit and the proper training, but this does nothing to make our communities safer; instead of getting guns off the street we just put more guns on the street.”
— Ashley Jones, “What Cops Say About New S.C. Constitutional Carry Gun Law,” wrdw.com, Mar. 12, 2024
Kelly Drane, research director at Giffords Law Center to Prevent Gun Violence, states:
“There is no doubt about it: our nation is in the midst of a gun violence crisis…. More than 110 people die from this preventable epidemic every day.
But permitless carry laws are not the water hose to put out this fire—they are gasoline to the flames. Having unvetted, untrained people carrying hidden loaded guns in our malls, supermarkets, movie theaters, restaurants, and city streets will undoubtedly make those places less safe, turning arguments and fistfights into deadly shootings. Policymakers that want to save lives from gun violence and promote public safety must look to the policies that are actually proven to work—such as universal background checks, extreme risk laws, and safe storage laws—not policies designed by the gun lobby to flood our streets with more guns.”
— Kelly Drane, “The Truth About Permitless Carry,” giffords.org, Feb. 8, 2023
Samantha Barrios, Florida state director of Giffords Law Center to Prevent Gun Violence, states:
“Floridians across the state are going to be less safe because of this [constitutional carry] bill. Law enforcement now won’t be able to identify a criminal from someone who has gone through a background check and training to carry a gun in public. Fistfights will now turn into gunfights.”
— Chip Brownlee, “A Majority of U.S. States Now Have Permitless Carry,” thetrace.org, Apr. 3, 2023
Warren Eller, associate professor at John Jay College of Criminal Justice, states:
“The thing that you lose without a permit is if you’re traveling between states, you no longer have the right to carry a firearm with you. It’s self-defeating on two sides. It’s not just simply more people might get shot or might not get shot, it’s whether you are going to get pulled over and wind up in jail if you mistakenly carried a greater than 10-round magazine into New Jersey from Pennsylvania. The lack of knowledge of all the intricacies of interstate commerce on these things is hugely important.”
— Emma Tucker, “ ‘They Will Come to Know the Lives They Didn’t Save’: States Forge Ahead with Permitless Carry Legislation Despite Law Enforcement Opposition,” cnn.com, Mar. 5, 2022
Discussion Questions
- Should permitless, “constitutional carry” of guns be legal? Why or why not?
- Should anyone be allowed to carry a concealed weapon? Why or why not?
- Should permits be required for “long guns,” such as hunting rifles? Why or why not?
Take Action
- Explore the U.S. Concealed Carry Association’s website.
- Analyze gun laws at the NRA-ILA website.
- Consider information on guns in public at the Giffords Law Center.
- Consider how you felt about the issue before reading this article. After reading the pros and cons on this topic, has your thinking changed? If so, how? List two to three ways. If your thoughts have not changed, list two to three ways your better understanding of the “other side of the issue” now helps you better argue your position.
- Push for the position and policies you support by writing U.S. national senators and representatives.
Sources
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