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Constitutional carry
In the United States, the term constitutional carry, also called permitless carry, unrestricted carry, or Vermont carry, refers to the legal public carrying of a handgun, either openly or concealed, without a license or permit. As of February 2025, 29 states recognize some form of permitless carry. The phrase does not always refer to the unrestricted carrying of a long gun, a knife, or other weapons. The scope and applicability of constitutional carry may vary by state.
The phrase "constitutional carry" reflects the idea that the Second Amendment to the U.S. Constitution does not allow restrictions on gun rights, including the right to carry or bear arms.
The U.S. Supreme Court had never extensively interpreted the Second Amendment until the landmark case District of Columbia v. Heller in 2008. Prior to this, a tapestry of different and sometimes conflicting laws about carrying firearms developed across the nation. In deciding the case, the Court found that self-defense was a "...central component of the 2nd Amendment" and D.C.'s handgun ban was invalidated. The Court further stated that some state or local gun controls are allowed. The Heller case was extended by the Supreme Court in the 2010 decision McDonald v. Chicago, which held that the 2nd and 14th Amendments to the U.S. Constitution were "fully incorporated" and thus the right to "...keep and bear arms applies to the states and not 'in a watered-down version' but 'fully applicable'...", and limits state and local governments in enacting laws that restrict this individual and fundamental right to "...keep and bear arms", for self-defense. In the 2022 decision New York State Rifle & Pistol Association, Inc. v. Bruen the Supreme Court went further, affirming a right to public carry of firearms and imposing a strict new standard of scrutiny on state-level firearms laws based on the text, history, and tradition of the second amendment.
As of March 7, 2024[update], Alabama, Alaska, Arizona, Arkansas, Florida, 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, and Wyoming generally allow most law-abiding adults to carry a loaded concealed firearm without a permit. Certain states may impose additional restrictions on the legal ability to carry without a permit beyond those who are not prohibited from owning a firearm. Permitless concealed carry in Mississippi only covers certain manners of carrying. Permitless carry in Oklahoma applies to both residents and nonresidents 21+ as well as 18+ nonresidents who can carry without a permit in their home state. All aforementioned jurisdictions do not require a permit to openly carry either except for North Dakota and certain localities in Missouri.
On July 26, 2014, Washington, D.C., became a permitless carry jurisdiction for a few days when its ban on carrying a handgun was ruled unconstitutional, and the ruling was not stayed. The ruling stated that any resident who had a legally registered handgun could carry it without a permit, and nonresidents without felony convictions could carry as well. The ruling was then stayed on July 29, 2014.
In June 2015, following victory in a class-action suit brought by "Damas de la Segunda Enmienda" Ladies of the Second Amendment (an affiliate of the Second Amendment Foundation) the Commonwealth of Puerto Rico's carry and licensing regulations were struck down, eliminating the requirement to obtain a permit. On October 31, 2016, The Supreme Court of Puerto Rico denied a motion for reconsideration of a previous Court of Appeals decision that had found the Weapons Act to be constitutional.
Vermont does not have any provision for issue of concealed-carry licenses, as none has ever been necessary nor constitutionally allowed. As such, Vermont residents wishing to carry handguns in other states must acquire a license from a state which is valid in their destination. All other constitutional carry states previously had concealed-carry license requirements prior to adoption of unrestricted carry laws, and continue to issue licenses on a shall-issue basis for the purposes of inter-state reciprocity (allowing residents of the state to travel to other states with a concealed weapon, abiding by that state's law).
On March 10, 2022, Alabama Governor Kay Ivey signed House Bill 272 into law (effective January 1, 2023) eliminating the requirement to obtain a permit in order to carry a concealed pistol in the state, as well as carrying a loaded pistol in a vehicle. Open carry without a permit was already legal for residents and non-residents 18+ before this legislation was enacted.
On June 11, 2003, Alaska governor Frank Murkowski signed House Bill 102 into law (effective September 9, 2003), making Alaska the first state to rescind its requirement for a concealed carry permit. The bill eliminated the crime of simply carrying a concealed weapon by changing the definition of the crime. The section of law that describes the first instance of "misconduct involving weapons in the 5th degree" now requires that a person must either fail to inform a law enforcement officer of the weapon upon contact, fail to allow the law enforcement officer to secure the weapon (or to properly secure the weapon him/herself) upon contact, or if at another person's home, fail to obtain permission from a resident to have a concealed weapon on the premises. No permit is required to open carry or conceal carry for both residents and nonresidents. Open carry is 16+ and concealed carry is 21+.
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Constitutional carry
In the United States, the term constitutional carry, also called permitless carry, unrestricted carry, or Vermont carry, refers to the legal public carrying of a handgun, either openly or concealed, without a license or permit. As of February 2025, 29 states recognize some form of permitless carry. The phrase does not always refer to the unrestricted carrying of a long gun, a knife, or other weapons. The scope and applicability of constitutional carry may vary by state.
The phrase "constitutional carry" reflects the idea that the Second Amendment to the U.S. Constitution does not allow restrictions on gun rights, including the right to carry or bear arms.
The U.S. Supreme Court had never extensively interpreted the Second Amendment until the landmark case District of Columbia v. Heller in 2008. Prior to this, a tapestry of different and sometimes conflicting laws about carrying firearms developed across the nation. In deciding the case, the Court found that self-defense was a "...central component of the 2nd Amendment" and D.C.'s handgun ban was invalidated. The Court further stated that some state or local gun controls are allowed. The Heller case was extended by the Supreme Court in the 2010 decision McDonald v. Chicago, which held that the 2nd and 14th Amendments to the U.S. Constitution were "fully incorporated" and thus the right to "...keep and bear arms applies to the states and not 'in a watered-down version' but 'fully applicable'...", and limits state and local governments in enacting laws that restrict this individual and fundamental right to "...keep and bear arms", for self-defense. In the 2022 decision New York State Rifle & Pistol Association, Inc. v. Bruen the Supreme Court went further, affirming a right to public carry of firearms and imposing a strict new standard of scrutiny on state-level firearms laws based on the text, history, and tradition of the second amendment.
As of March 7, 2024[update], Alabama, Alaska, Arizona, Arkansas, Florida, 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, and Wyoming generally allow most law-abiding adults to carry a loaded concealed firearm without a permit. Certain states may impose additional restrictions on the legal ability to carry without a permit beyond those who are not prohibited from owning a firearm. Permitless concealed carry in Mississippi only covers certain manners of carrying. Permitless carry in Oklahoma applies to both residents and nonresidents 21+ as well as 18+ nonresidents who can carry without a permit in their home state. All aforementioned jurisdictions do not require a permit to openly carry either except for North Dakota and certain localities in Missouri.
On July 26, 2014, Washington, D.C., became a permitless carry jurisdiction for a few days when its ban on carrying a handgun was ruled unconstitutional, and the ruling was not stayed. The ruling stated that any resident who had a legally registered handgun could carry it without a permit, and nonresidents without felony convictions could carry as well. The ruling was then stayed on July 29, 2014.
In June 2015, following victory in a class-action suit brought by "Damas de la Segunda Enmienda" Ladies of the Second Amendment (an affiliate of the Second Amendment Foundation) the Commonwealth of Puerto Rico's carry and licensing regulations were struck down, eliminating the requirement to obtain a permit. On October 31, 2016, The Supreme Court of Puerto Rico denied a motion for reconsideration of a previous Court of Appeals decision that had found the Weapons Act to be constitutional.
Vermont does not have any provision for issue of concealed-carry licenses, as none has ever been necessary nor constitutionally allowed. As such, Vermont residents wishing to carry handguns in other states must acquire a license from a state which is valid in their destination. All other constitutional carry states previously had concealed-carry license requirements prior to adoption of unrestricted carry laws, and continue to issue licenses on a shall-issue basis for the purposes of inter-state reciprocity (allowing residents of the state to travel to other states with a concealed weapon, abiding by that state's law).
On March 10, 2022, Alabama Governor Kay Ivey signed House Bill 272 into law (effective January 1, 2023) eliminating the requirement to obtain a permit in order to carry a concealed pistol in the state, as well as carrying a loaded pistol in a vehicle. Open carry without a permit was already legal for residents and non-residents 18+ before this legislation was enacted.
On June 11, 2003, Alaska governor Frank Murkowski signed House Bill 102 into law (effective September 9, 2003), making Alaska the first state to rescind its requirement for a concealed carry permit. The bill eliminated the crime of simply carrying a concealed weapon by changing the definition of the crime. The section of law that describes the first instance of "misconduct involving weapons in the 5th degree" now requires that a person must either fail to inform a law enforcement officer of the weapon upon contact, fail to allow the law enforcement officer to secure the weapon (or to properly secure the weapon him/herself) upon contact, or if at another person's home, fail to obtain permission from a resident to have a concealed weapon on the premises. No permit is required to open carry or conceal carry for both residents and nonresidents. Open carry is 16+ and concealed carry is 21+.