Kara Sears
The topic of concealed carry laws in the US is a complex and evolving issue, with a variety of state-specific regulations in place. While the Second Amendment's right to bear arms is well-known, the specific laws governing how and when firearms can be carried vary widely. In recent years, there has been a notable shift towards “constitutional carry” or “permitless carry” legislation, with an increasing number of states allowing residents to carry concealed weapons without a permit. This trend has sparked debates about public safety, the role of law enforcement, and the impact on violent crime rates. Understanding the history, current landscape, and potential consequences of concealed carry laws is essential for policymakers, citizens, and researchers alike.
| Characteristics | Values |
|---|---|
| States with constitutional carry laws as of 2024 | Alaska, Arizona, Wyoming, Kansas, Maine, Idaho, Mississippi, West Virginia, Missouri, New Hampshire, North Dakota, Kentucky, Oklahoma, South Dakota, Arkansas, Iowa, Tennessee, Texas, Montana, Utah, Ohio, Indiana, Georgia, Alabama, Florida, Nebraska, Louisiana, South Carolina, Vermont |
| States with shall-issue laws as of 2024 | 23 states and the District of Columbia |
| States with may-issue laws as of 2024 | Connecticut and Delaware |
| States with no-issue laws as of 2006 | Wisconsin and Illinois |
| States with open carry laws | 13 states and three territories |
| States with unrestricted open carry laws | California, Connecticut, Florida, Illinois, Puerto Rico, and the U.S. Virgin Islands |
| States with unrestricted open carry of rifles and shotguns | Maryland, New York, and American Samoa |
| States with military exceptions for age requirements | Washington, Idaho, Mississippi, North Dakota, South Dakota, Tennessee, Utah, and West Virginia |
| States with enhanced permits | Idaho, Kansas, Michigan, North Dakota, and North Carolina |
| States with safety and use-of-force training exceptions for military personnel | South Carolina |
| States with enhanced training requirements | Virginia |
| States with no age restrictions for concealed carry | Vermont |
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What You'll Learn
The history of concealed carry laws in the US
The Second Amendment of the US Constitution guarantees the "right to bear arms". This has been interpreted to mean that US citizens can carry loaded, concealed handguns in public without a permit, background check, or firearm training. This is known as "constitutional carry", "permitless carry", or "unrestricted carry".
Despite this, the interpretation of the Second Amendment and how it is implemented varies from state to state. For example, some states do not have age restrictions, while others set a minimum age of 21. Some states, such as Texas, have a "military exception" to the age limit, allowing active or honorably discharged members of the military or police force under the age of 21 to carry a firearm. Other states, such as Washington, refuse to honor out-of-state permits obtained under these exceptions.
Constitutional carry has been a feature of Vermont's constitution since 1793. However, the modern wave of concealed carry legislation perhaps began in 1976 in Georgia. In 2003, Alaska became the second state to allow unrestricted concealed carry. As of 2024, 27 states have laws allowing people to carry concealed weapons without a permit, and 23 states require permits but have "shall-issue" laws, meaning that a permit will be issued if all requirements are met.
In 2022, the US Supreme Court ruled in New York State Rifle & Pistol Association, Inc. v. Bruen that New York's "may-issue" law, which gave the state discretion over who could obtain a permit, was unconstitutional. This prompted several other states with similar laws to change their legislation.
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The impact of concealed carry laws on violent crime
The Second Amendment's "right to bear arms" has been interpreted by some US states as a constitutional carry, meaning a resident does not need a state permit to carry a concealed weapon. This interpretation has led to a wave of legislation, with Georgia's 1976 bill serving as a model for other states. As of 2022, 25 states have enacted laws eliminating permit requirements for concealed carry, with 21 of these laws passed in the previous seven years.
The impact of these laws on violent crime has been the subject of extensive research and debate. Some studies have found a positive correlation between right-to-carry laws and violent crime rates, including a 2022 study that found a 13% increase in firearm homicides and a 29% increase in firearm violent crimes. Another 2022 study found a 24% increase in the rate of assaults with firearms when individuals convicted of violent misdemeanors were eligible for concealed-carry licenses. A 2020 study using data from Charlotte, North Carolina, also linked right-to-carry laws to increased gun thefts and violent crime. Additionally, law enforcement leaders have expressed concerns that permitless carry laws hinder their ability to prevent and solve violent crimes, as well as create ambiguity in identifying threats.
On the other hand, some studies have challenged the notion that right-to-carry laws contribute to an increase in violent crime. A 2003 study examining 58 Florida counties found no significant changes in violent crime rates despite increases in concealed-carry permits. Similarly, a 2004 study found no substantial link between homicide rates and shall-issue concealed carry laws. Furthermore, a 2013 study of Texas data revealed that concealed handgun licensees were significantly less likely to be convicted of crimes compared to non-licensees.
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The constitutional right to bear arms
The Second Amendment of the US Constitution states that "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". This has been interpreted as granting US citizens a constitutional right to bear arms, and it is a highly contested issue.
The right to bear arms is deeply rooted in the foundation of the US, and many citizens responsibly exercise this right. Some view opposition to this right as an attack on their individual freedoms, and a dangerous precedent that could see other amendments overturned. Firearms are seen as a means of protection and a tool, especially for those living in rural areas, and hunters.
However, the right to bear arms is not absolute, and there are many regulations surrounding it. The right to carry a firearm is subject to state-specific laws, which vary widely. Some states require a license or permit to carry a firearm, while others do not. Some states have a minimum age requirement, while others make exceptions for active or honour-ably discharged military personnel or police officers.
The modern wave of concealed carry legislation perhaps began in Georgia in 1976, with a bill that became the model for later laws. The "constitutional carry" law means a resident does not need a state permit to carry a concealed weapon, and these laws have been passed in several states. However, the term "constitutional carry" is often used interchangeably with "permitless carry", which can have some restrictions.
The impact of these laws is debated, with studies finding varying results. Some show no impact on violent crime rates, while others show an increase or a decrease. The large variability of state carry laws has led to confusion and potential for accidental violation of the law.
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The process of obtaining a concealed carry permit
In general, the process of obtaining a concealed carry permit involves understanding the specific state laws and regulations, as well as completing a training course and submitting the necessary paperwork. Some states allow online applications, while others require in-person visits to the respective issuing authority.
- Check State Laws and Regulations: The first step is to familiarize yourself with the gun laws and regulations of your state. Each state has its own set of laws governing the process of obtaining a concealed carry permit. It is important to understand the specific requirements, restrictions, and application process for your state.
- Complete a Training Course: Many states require applicants to complete a training course in firearm safety and handling. This training is crucial in ensuring that individuals can safely and responsibly carry a concealed weapon. Some states may accept military or law enforcement training as sufficient, while others may require civilian training certification.
- Meet the Eligibility Requirements: In addition to training, applicants must typically meet certain eligibility requirements. These may include age restrictions (usually 21 or older), a clean criminal record, and mental health considerations. Some states may also require a list of non-related character references.
- Submit the Necessary Paperwork: The application process typically involves submitting a completed application form, along with supporting documentation. This may include a copy of your driver's license, background check, fingerprints, firearms training certificate, and processing fee. The turnaround time for receiving a permit can vary from seven days to six months or longer, depending on the state.
- Stay Informed and Renew as Needed: It is important to stay up to date on gun laws and regulations, as they can change over time. Permit holders may need to renew their permits periodically, and it is the responsibility of the individual to be aware of any changes in the law that may impact their permit status.
It is worth noting that some states have reciprocity agreements with other states, recognizing each other's permits. However, due to varying state laws, it is always advisable to check the specific requirements of each state before carrying a concealed weapon across state lines. Additionally, federal laws, such as the Federal Gun Control Act of 1968 and the Firearm Owners Protection Act (FOPA) of 1986, establish categories of individuals who are prohibited from possessing firearms, which applies across all states.
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The variation in concealed carry laws between states
The Second Amendment's "right to bear arms" has been interpreted differently across the United States, resulting in variations in concealed carry laws between states. Some states have strict regulations, while others have more lenient policies or even unrestricted carry.
State-by-State Variations
The constitutions of 32 states expressly protect the individual right to keep and bear arms, including Alabama, Alaska, Arizona, Colorado, Connecticut, and Delaware. These states often have more lenient concealed carry laws, but the specific regulations can vary. For example, some states, like Idaho, Mississippi, and Tennessee, offer standard and enhanced permits with different requirements and reciprocity agreements.
On the other hand, some states have stricter requirements for obtaining a concealed carry permit. For instance, New York has a may-issue policy, which previously required applicants to demonstrate a "'proper cause'" for obtaining a permit. However, this requirement was struck down by the Court, shifting New York to a shall-issue state.
Training Requirements
Another area of variation is the training requirements for obtaining a concealed carry permit. Some states, like South Carolina and Virginia, recognize military training and experience as sufficient qualification, while others may require additional civilian training certification. Active and retired law enforcement officers are generally exempt from qualification requirements due to federal statutes.
Age Requirements
The minimum age for obtaining a concealed carry permit is typically 21, but some states, like Utah and West Virginia, offer provisional permits for 18-20-year-olds with limited recognition by other states. Some states, like Washington, do not honor permits from states with military exceptions to the age requirement, creating further variation in the recognition of permits across state lines.
Open Carry Laws
While this answer primarily focuses on concealed carry laws, it is worth noting that open carry laws, which refer to carrying a firearm visibly in public, are even less standardized across states. Only 13 states and three territories have regulations for open carry, and the laws vary depending on the type of firearm (handgun, rifle, or shotgun).
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Frequently asked questions
Constitutional carry refers to the Second Amendment's "right to bear arms". It means a resident does not need a state permit to carry a concealed weapon in that state.
Definitions of these terms differ. 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), thus no state permit is required. 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. Unrestricted carry means no permit is required for open or concealed carry.
As of January 1, 2024, 27 states have laws allowing people to carry concealed weapons without first receiving a permit. 23 states and the District of Columbia require permits but have shall-issue laws, although three of these states have laws considered by many analysts to be may-issue laws.
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