Kara Sears
Open carry laws in the United States refer to the practice of visibly carrying a firearm in public places. While gun ownership is legal in every state, the specific regulations for open carry vary widely across states and even within states. Some states require permits or licenses for open carry, while others allow it without any restrictions. Certain states may also impose restrictions on the type of firearm that can be carried openly, such as handguns or long guns, and whether they must be unloaded or in a holster. Additionally, open carry may be prohibited in specific locations, such as schools, public transportation, and state-owned buildings. Understanding the local laws and regulations is crucial for responsible gun ownership and to stay compliant with state-level gun laws.
| Characteristics | Values |
|---|---|
| Number of states allowing open carry | 31 |
| Number of states with 'permissive' open carry | 10 |
| States with lenient open carry laws | Alabama, Alaska, Arizona, Arkansas, Delaware |
| States with anomalous open carry laws | Colorado, Missouri, Nebraska, North Carolina, Oregon, Tennessee |
| States with non-permissive open carry laws | California, District of Columbia, New York, South |
| States with Constitutional Carry laws | Texas, Florida |
| States with varying local laws | Virginia, North Carolina, California, Pennsylvania |
| States with age restrictions | Rhode Island, South Carolina, New Mexico |
| States with vehicle restrictions | Several states |
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What You'll Learn
Open carry laws by state
Open carry laws vary from state to state in the United States. While some states allow open carry without a permit, others require a license or have local restrictions. Some states do not allow open carry at all, or only permit it under very limited conditions, such as hunting or when used for self-defence.
States that allow open carry without a permit
Alabama, Alaska, Arizona, and Arkansas are some of the states that allow open carry without a permit. In Alabama, anyone over the age of 18 is allowed to openly carry firearms in most situations, but without a concealed handgun permit, they can only do so on their property or in their vehicle. Alaska also allows individuals over 21 to openly or conceal carry without a permit, and does not restrict magazine capacity or ban assault weapons. Arizona has similar laws, and also does not require a permit for open carry. Arkansas allows citizens over the age of 18 to carry concealed firearms without a permit, and they can also carry handguns or long guns in public view.
States that require a permit for open carry
Rhode Island and South Carolina require individuals to be at least 21 years old and have a permit to open carry. In Hawaii, individuals need a permit for open carry, but it is only valid in the county for which it was issued. In Massachusetts, open carry is only permitted with a current, valid Class B permit or license, but no new Class B licenses are being issued.
States that do not allow open carry
California, Illinois, New York, and Washington D.C. do not generally allow open carry. In California, open carry is only permitted under limited circumstances, and in some cases, local jurisdictions may impose restrictions or prohibit open carry entirely.
Other considerations
Even in states that allow open carry, local laws and specific contexts, such as public events or government buildings, may impose restrictions. It is important to remain aware of your surroundings when carrying a firearm, as displaying a weapon may cause unnecessary alarm and provide tactical advantages to adversaries. Additionally, some states have age restrictions for open carry, with varying minimum ages across states.
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Permissive open carry states
In the United States, open carry laws vary by state and sometimes by municipality. Most states allow some form of open carry, but the laws themselves differ. Some states allow open carry without a permit, while others require a license or have local restrictions.
- Alabama: Alabama is one of the most lenient open carry states. Anyone over the age of 18 is allowed to openly carry firearms in most situations, without a permit. However, they can only carry a concealed handgun without a permit on their private property or in their vehicle.
- Alaska: Alaska has lenient gun legislation, allowing anyone aged 21 or older to openly or conceal carry without a permit. There are no restrictions on magazine capacity, assault weapons, or private sales, and no background checks or waiting periods are required.
- Arizona: Arizona does not require gun owners to hold a concealed or open carry permit. Local governments can only prohibit those charged with disorderly conduct or another aggravated offense from carrying a handgun.
- Arkansas: Arkansas allows all citizens over the age of 18 to carry concealed firearms without a permit. They can also openly carry handguns or long guns used for hunting in public view.
- Delaware: In Delaware, citizens can openly carry firearms without a permit, but obtaining a concealed weapon permit requires background checks and specialized training. Long guns used for hunting and self-defense are commonly found in motor vehicle racks designed for quick access.
- Texas: Texas is considered one of the most permissive states regarding gun laws. Open carry has been legal for the last decade after a long campaign to change the law.
It is important to note that while these states may be considered permissive, there can be variations within the state. For example, in North Carolina, some localities prohibit the display of firearms on public roads, sidewalks, and other public areas, even with a permit. Similarly, in Virginia, cities like Alexandria and Newport News may ban open carry in public buildings, parks, and during special events.
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Anomalous open carry states
Open carry laws in the United States vary from state to state, and even within states, there can be discrepancies between local laws and specific contexts. Anomalous open carry states are those that generally prohibit open carry except under special circumstances or in unincorporated areas of counties with low population densities. These states may require a permit or license for open carry, and local jurisdictions can impose varying degrees of restrictions or even prohibit open carry entirely.
California is an example of an anomalous open carry state. While open carry is generally prohibited in the state, some local jurisdictions may permit it with a license or permit. However, the issuing authorities in these states rarely or never grant licenses to ordinary citizens, making them effectively non-permissive for open carry.
Another example of an anomalous open carry state is Florida, where residents are only permitted to open carry when engaged in specific activities such as fishing, camping, lawful hunting, or target practice at an indoor range.
Some states with anomalous open carry laws may have varying interpretations of federal legislation, resulting in unique restrictions. For instance, in North Carolina, localities may prohibit the display of firearms on public roads, sidewalks, alleys, or other public areas, even with a permit. Similarly, in Virginia, cities like Alexandria and Newport News may ban open carry in public buildings, parks, and during special events.
It is important to note that open carry laws are intricate and frequently changing, and states have their own unique limits and restrictions. Gun owners and carriers must be aware of the specific laws and regulations in their state and consult up-to-date legal information to ensure they are complying with the relevant statutes.
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Non-permissive open carry states
In the United States, open carry laws vary by state and sometimes by municipality. While open carry is not explicitly prohibited in most states, it remains relatively uncommon and may cause unnecessary alarm in public spaces.
Some states with may-issue licensing laws can be regarded as non-permissive for open carry, as issuing authorities rarely or never grant licenses to ordinary citizens. For example, California allows open carry in some local jurisdictions, but others may impose varying degrees of restrictions or prohibit open carry entirely. In North Carolina, some localities prohibit the display of firearms on public roads, sidewalks, alleys, or other public areas, even if one has a permit. In Virginia, cities like Alexandria and Newport News may ban open carry in public buildings, parks, and during special events.
Florida is non-permissive for open carry, except when engaged in fishing, camping, lawful hunting, or target practice at an indoor range. Illinois, South Carolina, and Texas are also non-permissive open carry states. In Texas, there have been attempts to pass an open carry law for concealed carry licensees.
Rhode Island has relatively strict gun laws that require applicants to be at least 21 years old. Citizens can open carry legally only with a permit issued by the Attorney General.
While open carry is generally prohibited in some states, there are exceptions under special circumstances. For example, open carry may be allowed when one is hunting or traveling to/from hunting locations, on property controlled by the person carrying, or for lawful self-defense.
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Open carry without a permit
Open carry laws in the United States vary from state to state, and they can be divided into four categories:
Permissive states
Twenty-five states permit the open carry of a handgun without requiring citizens to apply for any permit or license. These states include Alabama, Alaska, Arizona, Arkansas, Delaware, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Montana, Nevada, New Hampshire, North Carolina, Ohio, Oklahoma, Pennsylvania, South Dakota, Tennessee, and Wyoming. Permissive states allow individuals to carry firearms openly without a permit, as long as they can legally own a firearm. However, some states, like North Carolina, have localities that prohibit the display of firearms in public areas, even with a permit.
Licensed or not addressed states
Fifteen states require some form of permit or license to open carry. These states include Colorado, Connecticut, Georgia, Michigan, Missouri, Nebraska, New Jersey, and Rhode Island. In these states, open carry may be allowed only with a permit or may be unclear but regulated. For example, in Michigan, a permit is not required for residents, but non-residents must have a valid permit from a recognized state. Rhode Island requires a permit issued by the Attorney General, and the applicant must be at least 21 years old.
Anomalous states
Five states, though not prohibiting open carry in general, do not preempt local laws or law enforcement policies and may have significant restrictions on the practice. These states include Virginia and Wisconsin. In Virginia, certain localities prohibit the open carry of semi-automatic weapons or shotguns without a concealed carry permit. Wisconsin acknowledged the legality of open carry but specified that it could be restricted by other laws or circumstances.
Non-permissive states
Four states and the District of Columbia fully prohibit the open carry of handguns or only allow it under very limited circumstances. These states include California, Florida, Illinois, and New York. California prohibits the open carry of firearms in most circumstances, but rural areas may allow it under local ordinances. Florida residents can only open carry when engaged in specific activities like fishing, camping, lawful hunting, or target practice.
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Frequently asked questions
36 states allow the open carry of a handgun without a permit or license. Some states, such as Texas and Oklahoma, require the handgun to be carried in a shoulder or belt holster.
13 states regulate or restrict open carry. Four states, California, Florida, Illinois, and the District of Columbia, prohibit open carry under most conditions.
Nine states require a permit to open carry a handgun. Hawaii and Massachusetts require a permit to carry a long gun.
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