There was a time when the only thing you needed to know about concealed carry was which states required class time to obtain a concealed carry permit, which were “shall issue” versus “may issue,” and what reciprocity your existing permit granted you. However, as of April 2022, half the states in America have changed to Permitless Carry, which is often referred to as Constitutional Carry.
So what is Constitutional Carry? What is Permitless Carry? Does your state have it? Can you still benefit from having a concealed carry permit? We’re here to answer all these questions, and more.
What is Constitutional Carry?
Many people refer to Permitless Carry as “Constitutional Carry” because the right to possess and bear arms is seen as an existing right under the Second Amendment. It’s important to note that different states have varying definitions and regulations regarding Constitutional Carry, so constitutional carry states are not all the same.
Generally speaking, Constitutional Carry means a firearm can be carried without a government-issued concealed carry permit. There are always some exceptions to this; for example, Constitutional Carry does not typically grant a person the legal right to carry a firearm in a school. But speaking in generalities, yes, Constitutional Carry means a permit is not needed to carry a gun openly or concealed.
What is Permitless Carry?
“Permitless Carry” is a more precise term for the Constitutional Carry concept. It clearly articulates that people are allowed to carry without a concealed carry permit without making it sound as though they are constitutionally allowed to carry, quite literally, wherever they want. Permitless carry is a more technically accurate term.
What does the Second Amendment say?
It’s understandable that the Second Amendment is routinely brought into discussions about Permitless Carry. The Second Amendment is comprised of 27 words:
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.
Gun owners, historical scholars, and politicians endlessly debate what the Second Amendment really means. Quite frankly, it’s most likely our founding fathers did not think they would need to give in-depth details regarding the right to keep and bear firearms.
Without delving into the specifics of what a militia used to be and what it is today, or whether or not a tyrannical government could even be fought using small arms, let’s consider the basics. The amendment in question flatly states that Americans have a right to possess and carry firearms, and that right shouldn’t be infringed. That seems reasonably simple to understand.
Regarding the issue of militias, the NRA-ILA stated:
The term “militia” mentioned in the Second Amendment’s opening line refers to the American people. As George Mason described it:
“I ask, sir, what is the militia? It is the whole people, except for few public officials.”
The Supreme Court has established that the right to keep and bear arms is an individual right unrelated to one’s status in a militia.
Some people believe the Second Amendment was written to confirm an existing right while others think it was included to grant those rights. This might come down to semantics—or apples and oranges—but in the end, the effect is the same.
In 2008, the Supreme Court issued a ruling in Heller v. D.C. confirming that people have a right to firearms for lawful use. It was a landmark case, one with far-reaching results, and until the ruling in New York State Rifle & Pistol Association, Inc. v. Bruen in June 2022, it was the only case of its kind before SCOTUS for years. The Heller ruling read, in part, as follows (page numbers are left in place for reference sake, should you choose to research the ruling yourself):
Held:
- The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home. Pp. 2–53.
(a) The Amendment’s prefatory clause announces a purpose, but does not limit or expand the scope of the second part, the operative clause. The operative clause’s text and history demonstrate that it connotes an individual right to keep and bear arms. Pp. 2–22.
(b) The prefatory clause comports with the Court’s interpretation of the operative clause. The “militia” comprised all males physically capable of acting in concert for the common defense. The Antifederalists feared that the Federal Government would disarm the people in order to disable this citizens’ militia, enabling a politicized standing army or a select militia to rule. The response was to deny Congress power to abridge the ancient right of individuals to keep and bear arms, so that the ideal of a citizens’ militia would be preserved. Pp. 22–28.
(c) The Court’s interpretation is confirmed by analogous arms-bearing rights in state constitutions that preceded and immediately followed the Second Amendment . Pp. 28–30.
(d) The Second Amendment ’s drafting history, while of dubious interpretive worth, reveals three state Second Amendment proposals that unequivocally referred to an individual right to bear arms. Pp. 30–32.
Despite the Heller ruling, which served to confirm the right to keep and bear arms, fourteen years passed before just half the country changed over the Permitless Carry. Fourteen years is a long time for such a gun-rights-affirming ruling to have more far-reaching results, and as a nation, we are only halfway there.
Do you still need a Concealed Carry permit for Permitless Carry?
This is a logical question because although you do not need a concealed carry permit to carry firearms in Constitutional Carry or Permitless Carry states, a permit can still be useful. Here are a few reasons it’s still a good idea to get and maintain your permit:
- Reciprocity with other states.
- The ability to carry your firearm in areas you could not without a valid concealed carry permit (Permitless Carry doesn’t necessarily extend to all locations).
- Tangible proof of attention to training and education when dealing with law enforcement.
- Depending on your state’s laws regarding signage, having a permit could allow you to carry in areas that are properly posted prohibited only Permitless Carry.
Does Constitutional Carry mean I can carry in schools?
Permitless Carry, or Constitutional Carry, does not mean gun owners can carry inside schools. Locations where firearms are prohibited remain restricted. Having Permitless Carry signed into law does not mean a person can carry a gun wherever they feel like carrying one. The vast majority of schools do not allow firearms of any kind on the premises. Check the laws in your state to find out the specifics for yourself.
What is Permitless Carry, really?
States with Permitless Carry laws in effect allow individuals of a certain age who are not otherwise prohibited from having firearms to carry them without a permit. At its most basic, Permitless Carry is simply the open carry or concealed carry of a lawfully owned firearm without having a concealed carry permit.
Having Permitless Carry enacted does not mean a person can buy guns without a background check, carry guns in schools, or do other restricted or prohibited things with their guns. Permitless Carry only covers carry without a permit in areas where firearms carry is already allowed.
Do you need training for Permitless Carry?
No, there is no training requirement for Permitless Carry. One of the questions that have been raised about this is what it means for training, but in reality, there are not training requirements in place in every state to get a carry permit. Taking that a step further, even the states with training requirements do not have extensive or thorough enough classes in place to make a real impact on gun owners.
To be well-trained, gun owners must take the initiative to get proper training and maintain it over time since shooting is a perishable skill. That is not to say that some sort of class isn’t better than no class at all, only to state that the classes used to fulfill a requirement are not comprehensive enough to make someone a skilled or safe shooter.
Frequently Asked Questions
Which states have Permitless Carry?
As of April 2022, the following states have Permitless Carry laws in effect:
- Alabama
- Alaska
- Arizona
- Arkansas
- Georgia
- Idaho
- Indiana
- Iowa
- Kansas
- Kentucky
- Maine
- Mississippi
- Missouri
- Montana
- New Hampshire
- North Dakota
- Ohio
- Oklahoma
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- West Virginia
- Wyoming
Do you need a Concealed Carry permit in Permitless Carry states?
This is a matter of personal choice. However, there are many benefits to having a permit even in permitless states.
Can I practice Permitless Carry in Permitless Carry states where I don’t live?
Certain states with Permitless Carry laws in effect extend the right to carry without a permit to non-residents as well as residents. Check the state’s laws before carrying. It is your responsibility as a gun owner to know and follow the laws in any location you intend to possess or carry a firearm.
If my state has a Permitless Carry, can I carry my gun in any state I visit?
Just because your state has a Permitless Carry law does not mean you can then carry your firearm anywhere in the country without a permit. The laws vary by state; your home state laws are not effective in other states. Before leaving your state, familiarize yourself with the laws in any other place you intend to pass through or visit.
Can you Open Carry in Texas without a permit?
As of September 1, 2021, HB1927 makes it possible to Open Carry or Concealed Carry a firearm in the state of Texas without a permit. This applies to people over the age of 21 who are not otherwise prohibited and does extend to visitors to the state as well as residents.
What countries have Constitutional Carry?
The only country that has Constitutional Carry as it is defined in the United States is, of course, the United States. There are two other countries—Mexico and Guatemala—that have their own version of what they consider a constitutional right to own firearms, but those “rights” are far more restricted than in America. In fact, in Mexico, only the wealthy or politically powerful tend to have guns.
Is owning a gun a human right?
The right to keep and bear arms is strengthened in the United States of America by the Second Amendment. It is not recognized internationally and is not seen as a human right outside this nation; the vast majority of countries have far fewer freedoms than citizens of the United States do.
What does the Constitution say about guns?
The Constitution of the United States of America upholds the right of the people to have firearms. Specifically, according to the Second Amendment, “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.”
Can felons carry guns in Permitless Carry states?
States that have Permitless Carry laws in effect do not allow otherwise prohibited people to carry. Any person who would be prohibited from carrying a firearm using a Concealed Carry permit remains prohibited under Permitless Carry. There is some confusion over this point in the mainstream media, members of which often claim permitless means anyone and everyone can carry, but that isn’t true. Permitless Carry does not create a free-for-all.
How old do you have to be for permitless carry?
It depends on the state. Generally speaking, you must be 21 years of age to carry a gun under Permitless Carry.
When was the right to bear arms passed?
The right to keep and bear arms was written into the Constitution under the Second Amendment, which dates back to 1791.
Do I need a permit to buy a gun?
The laws regarding the purchase of firearms vary by state. As a general rule, a permit is not necessary to buy a gun, but the buyer will need to pass a background check. There are some exceptions to this. For example, there are some states where a permit is required to buy a firearm, and there are situations such as private sales where background checks may not occur.
