Cecily Zamora
As of 2024, 29 states allow constitutional carry, also known as permitless carry, which means that citizens who can legally possess a firearm are allowed to carry handguns openly and/or in a concealed manner without a state permit. These states include Alabama, Florida, Louisiana, South Carolina, Ohio, Indiana, Georgia, and more. Vermont has been a constitutional carry state since 1793, and for many decades was the only state to allow constitutional carry. However, in recent years, more and more states have been enacting similar legislation.
| Characteristics | Values |
|---|---|
| Number of states with constitutional carry laws | 29 |
| States that allow permitless carry | Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, West Virginia, Wyoming |
| States that require a permit for concealed carry | Illinois, New Mexico |
| States that require a permit for open carry | Tennessee |
| States with no laws prohibiting open carry | Vermont |
| States with no laws prohibiting concealed carry | Vermont |
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What You'll Learn
Constitutional carry laws and their meaning
As of 2024, 29 states allow constitutional carry, also known as permitless carry. This means that the state laws in these places do not prohibit citizens who can legally possess a firearm from carrying handguns openly or in a concealed manner, and therefore no state permit is required.
Constitutional carry includes states where an individual must meet certain qualifications to carry a firearm, such as having no DUIs for 5 or 10 years. Some states are fully unrestricted, meaning no permit is required for open or concealed carry. Other states may allow the open carry of a firearm without a permit but require a permit for concealment.
Vermont has been a constitutional carry state since 1793, explicitly stated in its constitution. For many decades, it was the only state to allow "constitutional carry" of a handgun. Due to wording in its state constitution and decisions made by the state courts, Vermont has never been able to constitutionally restrict how one could carry a firearm. Because of this, constitutional carry is sometimes referred to as "Vermont carry".
In 2022, Alabama, Ohio, Indiana, and Georgia passed constitutional carry laws, becoming the 22nd, 23rd, 24th, and 25th states to do so. Florida and Nebraska joined them in 2023, and Louisiana and South Carolina in 2024. Over the past two decades, more than 50% of U.S. states have passed laws allowing for constitutional carry.
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States with constitutional carry laws
Constitutional carry laws, also known as permitless carry laws, enable citizens who can legally possess a handgun to carry it openly or in a concealed manner without a state permit. As of 2024, 29 states have constitutional carry laws in place.
History of Constitutional Carry Laws
For many decades, Vermont was the only state with constitutional carry laws, with no provision for issuing concealed-carry licenses. This was due to the wording of its state constitution and decisions made by its state courts. As a result, the practice is sometimes referred to as "Vermont carry". However, in recent years, more and more states have adopted constitutional carry laws.
The following states currently have constitutional carry laws:
- Alabama
- Arizona
- Arkansas
- Florida
- Georgia
- Idaho
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Mississippi
- Missouri
- Montana
- Nebraska
- New Hampshire
- North Dakota
- Ohio
- Oklahoma
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- West Virginia
- Wyoming
Qualifications and Restrictions
It's important to note that even in states with constitutional carry laws, there may still be certain qualifications or restrictions on who can carry a firearm. For example, some states require individuals to be 18 or 21 years old, while others may allow military members to carry at a younger age. Additionally, individuals with a history of DUIs or other convictions may be prohibited from carrying a firearm without a permit.
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States with permitless carry laws
As of 2024, there are 29 states that allow permitless carry of firearms, also known as constitutional carry. These states generally enable citizens who can legally possess a firearm to carry it openly or in a concealed manner without a state permit. However, some states have specific requirements, such as age restrictions or prohibitions for individuals with certain types of convictions.
- Alabama
- Alaska
- Arizona
- Arkansas
- Florida (concealed carry only)
- Georgia
- Idaho
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Mississippi
- Missouri
- Montana
- Nebraska
- New Hampshire
- North Dakota (concealed carry only)
- Ohio
- Oklahoma
- South Carolina
- South Dakota
- Tennessee (handguns only)
- Texas
- Utah
- Vermont
- West Virginia
- Wyoming
It is important to note that firearm laws can change, and individuals should always refer to the most up-to-date information and consult local authorities for legal advice.
Some states have unique circumstances or recent changes regarding their permitless carry laws:
- North Dakota: As of August 1, 2023, non-residents can carry concealed weapons under North Dakota's permitless carry laws, removing the previous 30-day ID requirement.
- Tennessee: In 2023, an agreed order in federal court ruled that the state's restrictions on permitless carry were unconstitutional, allowing for permitless carry in the state.
- Oklahoma: Permitless carry in Oklahoma applies to residents and non-residents over 21, as well as non-residents over 18 who can carry without a permit in their home state.
- South Carolina: As of March 7, 2024, South Carolina became the 29th state to enact constitutional carry, allowing both residents and non-residents adults 18+ to carry weapons openly or concealed without a permit.
- Montana: Montana became the 18th state to allow permitless carry for individuals 18+. Previously, permitless carry was allowed only in certain areas or during specific outdoor activities.
- Vermont: Vermont is unique in that it has never had restrictions on the method of carrying a firearm due to its state constitution and court decisions. As such, it is sometimes referred to as "Vermont carry."
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History of constitutional carry laws
The history of constitutional carry laws in the United States is a complex and evolving issue. For many decades, Vermont was the only state that allowed "constitutional carry" of a handgun without any government permit. From the formation of the original 13 states, "constitutional carry" was the law until the 19th century. By the 20th century, all states except Vermont had enacted concealed carry bans, with exemptions for citizens with permits. Vermont has never been able to restrict how one could carry a firearm due to its state constitution and court decisions, making it an outlier.
In recent years, there has been a push for constitutional carry laws in other states. Wyoming became the third state to institute constitutional carry in 2011, eliminating the permit requirement for concealed pistols. In 2013, Arkansas enacted Act 746, which made significant changes to its weapons laws, including a provision that was interpreted to prohibit open carry. Oklahoma followed suit in 2019, allowing residents and non-residents 21 and older (or 18 and in the military) to open or concealed carry without a permit.
As of 2024, twenty-nine states allow constitutional carry, with varying age requirements. For instance, North Dakota permits non-residents to concealed carry without a permit, while Louisiana's constitutional carry will go into effect on July 4, 2024. Other states with constitutional carry include Alabama, Florida, Georgia, and Montana. These states have eliminated the need for permits to carry concealed pistols or loaded pistols in vehicles.
The Supreme Court has also played a role in shaping constitutional carry laws. In the 2010 McDonald v. Chicago decision, the Court affirmed that the 2nd and 14th Amendments were "fully incorporated," limiting state and local governments' ability to enact restrictive firearms laws. The 2022 New York State Rifle & Pistol Association, Inc. v. Bruen decision further affirmed the right to public carry of firearms and imposed a strict scrutiny standard on state-level firearms laws based on the Second Amendment.
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The future of constitutional carry laws
Constitutional carry laws, which allow individuals to carry a handgun without a government permit, have been a topic of debate in the United States for decades. As of 2025, 29 states have adopted constitutional carry laws, with a majority of these changes occurring in the last decade. This number is expected to grow, as more states consider similar legislation.
The trend towards constitutional carry laws has been driven by a variety of factors, including a desire for increased personal protection and a belief in the Second Amendment right to bear arms. However, it's important to note that constitutional carry does not exempt individuals from the responsibility of firearms ownership. Proper training and knowledge of state gun laws are essential to acting responsibly and lawfully.
Another factor is the potential for legal challenges. Some states, such as Nebraska, are facing lawsuits challenging the implementation of constitutional carry laws. The outcome of these cases could set precedents that influence how other states approach the issue. Additionally, federal legislation could also impact the future of constitutional carry laws. While there have been efforts to enact comprehensive gun control measures at the federal level, it remains to be seen whether these efforts will succeed and how they might affect state-level laws.
In conclusion, the future of constitutional carry laws is likely to be shaped by a complex interplay of factors, including public opinion, legal challenges, and potential federal legislation. As the debate around gun rights and gun control continues to evolve, we can expect to see further changes and developments in this area.
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Frequently asked questions
Constitutional carry means that the state laws enable citizens who can legally possess a handgun to carry it openly or in a concealed manner without a state permit.
As of 2024, 29 states allow constitutional carry.
The states that allow constitutional carry are Alabama, Ohio, Indiana, Georgia, Florida, Nebraska, Louisiana, South Carolina, Arizona, Wyoming, Kansas, Maine, Idaho, Mississippi, West Virginia, Missouri, New Hampshire, North Dakota, Kentucky, Oklahoma, South Dakota, Arkansas, Iowa, Tennessee, Texas, Montana, Utah, Vermont, Oklahoma, and North Dakota.
Permitless carry includes constitutional carry states as well as states where individuals must meet certain qualifications in order to legally carry, such as having no DUIs for a certain number of years.
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