The Second Amendment of the U.S. Constitution is at odds with state gun laws and their application. There have been numerous legal battles concerning the language used within the Second Amendment.
"Constitutional carry" is the removal of government interference with firearms rights, enforcing the Second Amendment as the only prerequisite for carrying firearms openly or concealed.
As of June 2017, there are constitutional carry laws enacted in 12 states, or 24 percent of the U.S.
Where Constitutional Carry Started and How States Adopt It
In theory, constitutional carry stems from the idea that 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." is the de facto permit for either . Realistically, however, the idea behind constitutional carry is applied at the state level, given differences over gun rights and gun control measures within varying political climates across the U.S.
On a sliding scale of Vermont to California, there are various levels of control that states have over who qualifies to carry guns, for what reason and to what extent.
Constitutional carry legislation is typically introduced as a bill to either of a state legislature's chambers and referred to a committee -- from there it's debated, vetted, read a few times, amended and voted upon in each of these respective bodies within a state's legislature. If passed in both, it will find its way to a governor's desk as a bill -- at least, that's the boiled down version of the legislative process.
These are the current states, as of June 2017, that have enacted constitutional carry legislation: By Jeff Dege
- Alaska (House Bill 102)
- Arizona (Senate Bill 1108)
- Idaho (SB 1389)
- Kansas (SB45)
- Maine (LD 652)
- Mississippi (SB 2394)
- Missouri (SB 656)
- New Hampshire (SB 12)
- North Dakota (HB 1169)
- Vermont
- West Virginia (HB 4145)
- Wyoming (6-8-104(a)(iv))
Noticeably on that list, Vermont does not have a piece of legislation attached to it.
Vermont was the first state with "constitutional carry" legislation, after its state constitution was ratified in 1777 (prior to the Bill of Rights). The prohibition on regulating the carry of arms was upheld in 1903 by the Vermont Supreme Court in State v Rosenthal, 75 Vt. 295.
However, the term "constitutional carry" did not become a popularized phrase until around 2010 when Governor Jan Brewer signed Senate Bill 1108 in Arizona. Prior to this, it was broadly referred to as "Vermont Carry."
Alaska made the transition to constitutional carry in 2003 when Governor Frank Murkowski signed House Bill 102.
Wyoming took the plunge in 2011 after Governor Mead signed legislation that modified Wyoming Statute 6-8-104. In a domino-effect, more states have enacted similar legislation over the past few years.
Wyoming's constitutional carry law only applies to its state residents. There are similar classifications and nuances across the board.
How Constitutional Carry Is Applied Within Different States
Idaho and North Dakota similarly only extend permitless carry privileges to state residents. Nonresidents traveling to, not through, states with this classification will need a permit from a state that shares a reciprocity agreement.
In states like North Dakota and Missouri, constitutional carry is only extended to concealed carry.
Arkansas is a disputed constitutional carry state. There was (arguably) confusing language within Act 746 in 2013"It is permissible to carry a handgun under this section that if at the time of the act of possessing a handgun or firearm:
(7) The person is on a journey beyond the county in which the person lives, unless the person is eighteen (18) years of age or less." . It introduced a defense to the misdemeanor charge of carrying a weapon for those who are on a "journey" with a weapon readily available, on their person or in their vehicle.
Arkansas' attorney general released an opinion stating that a criminal charge is applied only if there is an "attempt to unlawfully employ the handgun as a weapon."
It's argued that Montana (which is one of about 31 open carry states, according to the Law Center to Prevent Gun Violence) is a constitutional carry state for concealed carry, given that Montana Code Annotated 2014 45-8-316 states an exception to the concealed carry permit requirement for "a person who is outside the official boundaries of a city or town or the confines of a logging, lumbering, mining, or railroad camp or who is lawfully engaged in hunting, fishing, trapping, camping, hiking, backpacking, farming, ranching, or other outdoor activity in which weapons are often carried for recreation or protection."
That's about 99.4 percent of Montana, by the way.
New Mexico affords the right to concealed carry when the weapon is unloaded, but otherwise it's an open carry state.
Oklahoma gets an honorable mention, due to 21 OK Stat SS 21-1290.26 (2014) which states "any person entering this state in possession of a firearm authorized for concealed carry upon the authority of a state that is a nonpermitted carry state and the person is in compliance with the Oklahoma Self-Defense Act, the person is authorized to carry a concealed firearm in this state."
This reciprocity measure allows residents of constitutional carry states to legally carry without a state permit within Oklahoma.
More about Constitutional Carry
What is constitutional carry?
Constitutional carry refers to the legal carrying of a handgun, either openly or concealed, without the requirement of obtaining a government-issued permit or license. The term stems from the interpretation of the Second Amendment right to keep and bear arms as allowing law-abiding citizens to carry firearms without excessive state regulation.
How many states have constitutional carry laws in 2025?
As of 2025, 29 states have adopted constitutional carry laws allowing permitless carry of concealed handguns for eligible adults. Examples include Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, and others. Most require carriers to be at least 18 or 21 years old, with some allowing military members earlier carry rights.
What are the typical age requirements for constitutional carry?
Most constitutional carry states set the minimum age for permitless concealed carry at 18 or 21. Several states allow individuals 18 and older to carry if they are active-duty or honorably discharged military members. Age requirements can vary, so it’s essential to review specific state regulations before carrying.
Does constitutional carry mean no restrictions on carrying firearms?
No, constitutional carry does not eliminate all restrictions. States still prohibit carrying firearms in certain places such as schools, federal buildings, courthouses, private property where firearms are restricted, and during unlawful activities. The right to carry without a permit coexists with these location-based restrictions.
How does constitutional carry interact with background checks and firearm purchases?
Constitutional carry laws govern carrying firearms, not the purchasing or possession regulations. Federal and state laws still require background checks for purchasing firearms from licensed dealers, and individuals prohibited by law (e.g., felons) are not allowed to carry even under constitutional carry statutes.
Are there ongoing federal efforts to establish nationwide constitutional carry?
Legislative proposals like the "Constitutional Concealed Carry Reciprocity Act of 2025" aim to standardize concealed carry rights across all states for qualified individuals. Such bills seek to prevent states from penalizing lawful carriers traveling interstate and reinforce Second Amendment protections, but these laws are still under consideration and have not been enacted.
What obligations do constitutional carriers have when interacting with law enforcement?
Requirements vary by state. Some states mandate that carriers disclose possession during police encounters, while others do not require immediate notification. Regardless, it is widely recommended for safety and transparency to inform law enforcement to avoid misunderstandings.
How does constitutional carry affect training and permitting?
Many constitutional carry states have dropped mandatory training and permitting requirements for legal carriers. However, some still encourage or require voluntary safety training to promote responsible firearm use. States with traditional permitting systems continue their processes alongside constitutional carry provisions.
Are open carry and concealed carry both covered by constitutional carry?
In most states with constitutional carry, permitless laws apply to both open and concealed carry. Some states differentiate regulations between open and concealed carry or allow constitutional carry only for concealed carry. It is important to check state laws for specific details.
What challenges or controversies surround constitutional carry laws?
Critics argue constitutional carry could lead to increased firearm incidents or public safety risks by reducing oversight. Proponents point to studies indicating no rise in violent crime in states adopting these laws, emphasizing citizens’ rights to self-defense without bureaucratic barriers. The debate continues in legal, political, and social arenas
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About The Author Jake Smith (@notjakesmith) is a copywriter and photographer based in the pacific northwest. He graduated from the University of Idaho with degrees in public relations and apparel. |