Constitutional Carry and Permitless Carry: Breaking Down the Pros and Cons
Each year we have observed more states passing laws that remove the permit requirement for carrying a handgun. These laws are known as constitutional carry or permitless carry. In fact, at the time of this post (July 2021), constitutional carry laws are on the books in 20 states, and on September 1st, Texas will join making the number 21. The law is controversial, partly because public officials and news reporters associate it with lawlessness, which misleads people. So it is essential to answer some common questions about constitutional carry.
Table of Contents
What Is Constitutional Carry?
Constitutional carry or permitless carry refers to legislation, generally at the state level, that allows anyone who can legally possess a firearm to carry it concealed on or about their person without any requirement that the gun owner obtains a license or permit. Some states have limited restrictions on who the law protects.
For example, North Dakota only allows residents of the state constitutional carry rights. Another example is Tennessee, where the law only applies to handguns.
What States Currently Have Constitutional Carry Laws?
The below map is indicative of the states that currently have permitless carry laws enacted. Vermont is unique since (as of this writing) they are the only state with no concealed carry permit. The other constitutional carry states (shown in green) have a permit program. Later in the post, I'll explain why these programs serve an essential purpose for those who want additional flexibility beyond what the permitless carry law allows.
- Green = No permit required to carry concealed. (constitutional carry)
- Blue = Shall Issue. States that issue a license to the applicant if they meet the constitutional requirements and pass the required background check
- Red = May Issue. States that exercise discretion by requiring the applicant to show need or cause, or by outright not issuing permits to anyone
*NOTE: Some states reflected above may have restrictions like only allowing constitutional carry for residents or something similar. Do your research and consult with an attorney!
Highly Recommended Valuable Resource:
We spent a lot of time putting together this incredible resource for gun owners. The Concealed Carry Gun Tools App works with Android and iPhones and is completely free. It has a full legal rundown for every state's gun laws, reciprocity maps and so much more. Please consider checking it out.
The App is available for Android and iPhone and is FREE.
What Are The Core Arguments in Favor of Constitutional Carry?
The core arguments in favor of permitless carry are straightforward.
- The Second Amendment
- Public Safety
- Privacy and Retribution
The Bill of Rights:
The ability to own a firearm and use it in self-defense is a protected right spelled out in the US constitution's Second Amendment. As part of our Bill of Rights, most gun owners feel strongly (and I count myself as among this group) that the government should require no license to exercise one's right to keep and bear arms, and that right includes carrying a firearm concealed.
Public Safety:
Furthermore, we now have many years of experience with states and constitutional carry. No data suggests or indicates that allowing citizens to carry concealed without a permit or training has a negative outcome on public safety. This “track record” is the most significant supporting data in more constitutional carry legislation.
In fact, in addition to the 21 constitutional carry states, there are 7 which require a permit, but no training is required to obtain the license. Several factors drive crime rates, but no factual data supports a correlation between constitutional carry or concealed carry laws and a rise in crime. Several documented studies show firearms are used in self-defense many more times than used to take lives.
Here is just one study we did that looked at concealed carriers and their impact on active shooter events.
Concealed is key here because it is in the best interest of a gun owner not to advertise that they are carrying a firearm. Doing so often makes the gun owner a target and eliminates the significant advantage that surprise brings in an encounter. For more justification on why I feel concealed carry is preferable to open carry from a practical standpoint, consider this post.
Privacy and Retribution:
Further, a legitimate concern that a concealed carry permit system sustained and managed by a State or County government is ultimately a database of gun owners. The trouble is that the list could be seized or leveraged to punish or come after gun owners. The considerable federal push for gun control and willingness to force law-abiding citizens to turn in firearms has only further substantiated this concern.
There is something distinctly Un-American in the concept of requiring a permit and the government keeping a list of people who want to exercise a constitutionally protected right.
What Dangers Exist with Constitutional Carry?
We unabashedly support constitutional carry legislation. We have gone on the record every time to say we do not believe permits should be required to possess and carry a firearm.
At the same time, we also work hard to educate gun owners on potential issues facing them if they live in a state with permitless carry laws and choose not to obtain a concealed carry permit. There are 4 significant areas of concern.
- Gun-Free School Act
- Lack of Legal Knowledge
- Reciprocity
- Training
Gun-Free School Act Requires a Permit
One core concern that is not well known is that of the Gun-Free School Zone Act. This piece of Federal legislation makes it illegal to possess a firearm within 1000 feet of a school (except for private property) without being otherwise “licensed” by the State. So, without a permit, EVEN in a state with constitutional carry laws, one cannot be within 1000 feet of a school according to federal law.
This law creates significant restrictions since schools are EVERYWHERE, and during the course of a person's daily behavior, one might walk or drive through the 1000 foot zone many times. Unless that Federal law was changed or amended, gun owners should consider obtaining a state permit even if it is not required.
Lack of Legal Knowledge
My sense from the instructors on our team (now more than 30 in 17 states) is that people in constitutional carry states get into trouble because the law creates a sense of “everything is legal,” when in fact, there are always restrictions.
Most gun owners learn about their state laws in an introductory concealed carry class. However, if you live in a state where no class is required to get a permit or where no permit is required to carry concealed, you may never obtain that kind of training or instruction. Even industry-standard classes like the NRA Basic Pistol course or NRA Personal Protection Outside or Inside the Home will not provide students with any education about their local state laws.
Legal restrictions always exist. No matter how amicable the laws may seem, there are always places you can't go, things you can't do, situations in which you are not justified, and other restrictions for which ignorance is no excuse.
Lack of Out of State Reciprocity
One of the most significant concerns with the lifestyle of permitless carry is the lack of reciprocity with other states. While the state in which one resides may allow permitless carry, crossing a state line with your gun and no permit may violate the law.
While more states are trending toward constitutional carry, most states still require a permit to carry concealed. So to travel legally across state lines with a firearm, you need a recognized permit in that state.
RESOURCE: Use our Concealed Carry Permit Maps Builder to See Your State Permit's Reciprocity
Also, as a reminder, North Dakota only allows concealed carry without a permit for its residents.
General Lack of Training and Relationship with an Instructor
The lack of any required class also puts the gun owner in a bad position if they don't seek out any training on their own. Firearm-related defense is far more than just the initiative to carry around a gun. You wouldn't give someone a toolbox and ask them to build a house without a little training and education, would you? Concealed carry is a mindset based on the principle of preserving life. The attitude extends past mere “gun safety.”
Appropriate self-defense firearm training will increase the odds of you using your firearm appropriately, both legally and practically. Subsequently, you increase the probability of survival and staying out of court.
Do not assume this point as an endorsement of any legal training requirement. Instead, it is only a concern that gun owners are often inclined not to pursue it in places where training is not required. We think the proper balance is educating gun owners on the realities of using a firearm for self-defense and the importance of training. And along with that, providing quality training in many different forms and across various topics to reach the most people.
Final Thoughts About Constitutional Carry Laws
There are often promises and proposals for a federal constitutional carry law. As great as that sounds, it strips the power from the states and transfers it to the federal government. Strong local governments are the remedies for an overreaching federal government. So, we urge you to support constitutional carry legislation in your state.
What do you have to do to get a concealed carry permit or license? In the state of Georgia.
Georgia doesn’t require any training although its a good idea. Apply at your local county sheriff’s office. Many counties have an online application via their website.
you apply for the Carry Permit in GA at the County of residence PROBATE Court. you will have to visit the Sheriff’s Office ID Dept for Finger printing. Last I checked, Fee of 65 bucks now is due at time of application.
Hi Jacob,
As of now, December 17th, 2019, it appears that all is finally said and done here in Oklahoma regarding our new Constitutional Carry Law.
It is with much gratitude that I applaud and admire the men and women serving in our State House, and State Senate as they delivered this Bill to our Governor, Kevin Stitt, who proudly signed it into Law with NO reservations.
With this new Law having taken effect as of November 1st, and now, only a full 6 weeks later, I can smile, and be reminded that, yes, Virginia, there is a Santa Claus after all!
Peace, and goodwill to you Jacob.
River Song
p.s. Please update your map now to reflect the good news in Oklahoma, please!
I agree training should be done for people that want to carry a weapon in public.
I should be required training for as Constitutional right? Does that apply to the 1st Amendment too?
No rate should come with the caveat however any good citizen with good intentions would want to exercise those rights in a responsible manner. For those who have been safely inundated in the firearm or shooting sports cultures, I would say that the life lessons learned while growing up in that firearms culture would be sufficient to safely carry a firearm for personal protection. My personal opinion about my own behavior, experience, and expertise in no way is directed toward any one individual or group of individuals who wish to exercise their rights as set forth by the constitution. Constitutional carry means exactly that… All right that is recognized by the very founders of our republic.
I have a permit to carry in Indiana. As far as reciprocal goes, I carry in whatever state I travel in. Thugs and criminals carry in every state and so do I. Telling me that I can’t carry in your state but yet the criminals can, doesn’t fit with me. I’ll carry wherever. The only thing that stops a bad guy with a gun is a good guy with a gun.
P.S. If a felon is allowed to run for the democratic presidential nomination, I can carry in any state I want. And so it shall be.
Good post George; I concur 100%!
I do as well. My number one complaint is “GUN FREE ZONES”. This is an open invitation for an active shooter, intent to do the most harm while meeting no resistance, to COME ON IN!
There are enough qualified and trained parents, that I dare say there would be a lot of volunteers, to go to the schools and blend in with the other teachers or workers.
I am retired from the Dept. of Criminal Justice Service. Unfortunately I had a stroke a few months ago which prohibits me from volunteering, or I would be glad to donate my time.
An old saying goes “It’s Better to be Judged by 12, than Carried by 6
Jury nullification is real.
I agree with your comment 100% and I don’t leave my house without mine.
Actually, the Felons husband was a Felon, and became President. He was Pardoned by Jimmy Carter. But that did not make him legal to run. The corrupt Congress sat back and allowed it.
And the current Illegal in the WH isn’t even a U.S. Citizen
If you’re going to parade around in the Constitution, then at least do so consistently.
There is no constitutional requirement that you not be a felon to hold the office of president.
The Constitution grants Congress the right to determine citizenship, and they have decided that birthright grants citizenship. Regardless of who you think might be Obama’s father, his mother was an American citizen, and so he, too, has a valid right to serve in the position.
Read the Constitution. Don’t be a fruitcake.
Sounds like I wrote your answer.
I get your point completely but c’mon man, these states don’t intentionally allow criminals to carry guns illegally in their state. That’s why they call them criminals, because they don’t follow the law.
I guess the Boston tea party didn’t get the memo
Shall not be infringed has only one meaning. I carry where ever I go and no one has the right to infringe upon my 2nd amendment right. Words on papers ( laws) do not stop criminals therefore words on papers shall not stop me. Police don’t protect they respond after the fact,therefore we must protect our own.
Right because criminals and thugs all have proper training and licenses . Get real
I HAVE BEEN A CONCEALED CARRY GUY FOR MANY YEARS. I WILL ALWAYS RENEW MY PERMIT TO CARRY. CONSTITUTIONAL CARRY IS FINE AS LONG AS THERE ARE REASONABLE GUIDE LINES…NOT JUST ALLOWING ANYONE TO CARRY OPEN OR CONCEALED. I CONSIDER CARRYING A GUN IS AN EARNED RIGHT. EARNED BEING KEYWORD.
I agree with George it’s my constitutional right to bear arms, to protect myself, to protect my family, protect my country from all foreign invaders! And now we have more women with permits than ever before to protect herself and the children when the man’s not with her! YOU GO GIRLS!!!
This map is not accurate, as some states have recently passed Constitutional Carry. I live in Maine; we became a Constitutional Carry state several months ago.
Thanks James. I’m updating it now.
Thanks Jacob; I’m sure you are aware that the state of Idaho, as well as another state or two, are on the verge of passing it as well. I personally have not much of a problem with the permit system, but we all know that the reality is thta it won’t stop bad and dangerous thugs, gangs, drug dealers, or terrorists, form getting or carrying guns. It only works on law abiding ciiizens. I do not like the fact that my permit is not honored nationwide; it should be like a driver’s license, and be honored in every state, period.
I feel your pain there! Idaho’s law was signed by the Governor already. We’ll see how some of the other states end up…
Jacob,
Would love to chat with you some time. I obtained my concealed carry here in Colorado. The training class I attended for my carry was absolutely worthless. I see a lot of them out there that are just as bad. I did find another, much better for a friend of mine. However, I would be interested in helping with the training aspect of concealed carry.
Sorry to hear your class was soo poor. Its the nature of the system for sure… with so much variety in styles and skills. Currently in Colorado we have 8 instructors including myself. Not opposed to chatting but admittedly we aren’t looking for more instructors on our team currently.
I grew up in the Northwest area of Colorado. I find it silly that Co only has 8 Instructors. There should be one in each county at a minimum. Now those of us that grew up on the mountain knew firearm safety by age 10 to 15 so no issue there, but any City should have an place and an Instructor to train for both safety and accuracy.
I also find the recent laws passed in Colorado to be a horrendous change of the situation. WHAT HAPPENED TO COMMON SENSE???
Born in Rifle, Co. and Grew up in Meeker.
Worked as a Guide for Hunting in my teens.
Russell I’m sure there are hundreds if not over a thousand instructors in Colorado. On our website you might have found only 8 listed because those are the instructors who work on our team and with our company but we have plenty of competition.
Oklahoma is now also a Constitutional Carry state starting in Nov. 2019.
Oklahoma now has constitutional carry. There was a time (in the 70’s) when we could wear our revolvers on our hips when riding our cycles. A writer for ROAD RIDER magazine met with me and a buddy of mine when we were riding with our wives on the Tahlahina Drive at a rest strop. He wrote an article, and took pictures …then he asked us to let him take picture WITHOUT the guns, because he thought ROAD RIDER magazine might not print the pictures with our guns ON… ROAD RIDER magazine PRINTED the article, and pictures WITh the guns ON!!!! I am proud of the coverage, and for ROAD RIDER mag for having the…guts to show resonable carry bY reasonable people.Thank you ROAD RIDER mag.
Thanks George. I had not included Oklahoma originally because it only applies to residents of Oklahoma or other states that allow constitutional carry. I just updated it to include Oklahoma and included a broad disclaimer below the map.
Jacob;
Oklahoma DOES NOT have constitutional carry. Governor Fallin vetoed (11 May 2018) the latest attempt by the House and Senate to make that happen. I’ve taught the Oklahoma Concealed Carry classes for the last 12 years. Oklahoma does allow for both concealed and open carry, provided one has the concealed carry permit. Semper Fi. OUT!!!!!
You can delete this post because yes they do and it’s about damn time
Sorry George, Don is right where the good citizens of Oklahoma are concerned. After promising at least twice that I know of to sign a constitutional carry bill if it got to her desk, Gov Fallin vetoed it. I spent several days at the capital helping to get it through both houses; it was like a slap in the face to me.
But Oklahoma can be considered a ‘partial’ constitutional carry state. If you reside in another state that has constitutional carry you can carry without a permit in Oklahoma, by just showing your govt issued photo ID proving you live in that state. Plus if you’re a member of the military, to include Nnational Guard, your military ID is your permit. But unless you’re an Oklahoman serving in the military in Oklahoma, all other Oklahomans are SOL. We need a permit to carry, open or concealed.
While I read about people that took an oath to protect and defend the CONSTITUTION, and then work hard to destroy it, I am truly happy to read about American heroes that ARE working hard to protect our CONSTITUTIONAL Rights by getting legislation passed such as CONSTITUTIONAL CARRY! Here in the great state of LOUISIANA we have open carry without permits, but a permit is still required to carry concealed. Hopefully some of our elected officials are true American Heroes and will work on passing CONSTITUTIONAL CARRY in our Great State!
I live in the liberal state of Maryland and I do have my conceal permit, although it took me almost 5 months to receive it. I do travel in Delaware and Virginia but still not sure why I can’t carry concealed in either state, if I’m wrong I can’t seem to find the correct place that tells me if I can?
Jeff, Delaware and Virginia do NOT honor the Maryland permit. None of your adjacent states do. Go to this web page to generate a reciprocity map: http://www.concealedcarry.com/dynamic-ccw-permit-reciprocity-map-builder/
I LIVE IN FLORIDA. WHAT, IF ANYTHING DO I HAVE TO DO TO GET A CONSTITUTIONAL CARRY LICENCE FROM OKLAHOMA?
Jimmy, Oklahoma specifically only allows constitutional carry for residents of states who have constitutional carry. If you live in FL you need a FL permit to carry concealed in Oklahoma.
This map indicates that you do not require a permit to carry concealed in Arkansas. That is incorrect. I just got my concealed carry permit last month.
Corey, Arkansas, like most Constitutional Carry states, still issues permits for those who travel and want reciprocity outside of the state (among other reasons). There has been some debate in the state about if Constitutional Carry is valid or not. Here is a good overview on the topic: http://www.ammoland.com/2015/02/controversy-about-arkansas-constitutional-carry-over/
Sent this email to My TN Reps. then posted it on facebook:
http://cqrcengage.com/gunowners/app/write-a-letter…
The TN Constitutional Carry bill is dead. Killed by greedy weasley politicians (That means you Sen. Todd “voting present not voting” Gardenhire (R-TN) ) who think its more important to “collect up all the fees” ( https://www.youtube.com/watch?v=LO2eh6f5Go0 ) than advance freedom and liberty.
Constitutional rights cannot be licensed or taxed.
That is why, as a voting constituent and member of Gun Owners of America, I am asking you to support and vote for SB 1483 and HB 1748, Constitutional Carry for Tennessee.
Constitutional Carry simply means anyone legally allowed to carry a firearm does not need to register with the state, seek permission slips or pay taxes on a constitutional right. It not only restores our rights, it makes our state safer.
I, and other Gun Owners of America members, will be watching your vote.
I’ll be glad when we get constitutional carry here in Texas.
Some cities and counties in TX do have permitless concealed carry. You can look that up online.
Texas needs to get CC passed in the next legislative session. It just don’t make sense to be required to have a license to exercise a constitutional right.
Missouri’s legislature just overturned the Governor’s veto of CC on Sept 14, to go into effect on January 1, 2017. You’ll have to update your map to reflect that. 🙂
I assumed if my state had constitutional carry and left, I may get hit if I leave the state, there’s plenty of articles warning about that. I, however, have not seen many commenting in blogs or articles…If I go to a constitutional carry state and my states permit was previously not accepted in such state can I now carry? I assume it’s different state to state, but does the constitutional carry generally cover non residents?
Dan, you are correct. It is different from state to state but generally states with constitutional carry do extend that right to visiting non-residents. Its worth researching on a state by state basis.
It should be against federal law to include the following on a concealed carry license or drivers license:
Street address
Date of Birth
Social Security number
Why should it be illegal? Because if you lose that piece of plastic then whoever finds it has your home address and if your keys happened to be with the license then they have those, and if it’s a CC license then they know it’s likely there are guns in that home putting the community at risk. Also, providing that unnecessary data would make it easier for identity thieves to hack your identity. This personal data should only be viewable by law enforcement on their computers; and if their computers are like the rest of the government’s computers are probably easily hacked.
Is it legal to open carry , and or conceal carry without a permit in the state of Mississippi?
Yes to both.
If you look at your map, you will see ME, NH, and VT isolated from the rest of the country by NY. How will this work for national reciprocity? If you are isolated in northern New England, how does one get to OH or any other state. Will NY have to allow passage of Permit Holders from New England?
If the National Reciprocity act passes and becomes law then yes NY will have to allow/honor all permits from all states. In the current climate if you travel through a state that doesn’t honor your permit you can still bring your gun but you just have to be compliant with article 926a of the Firearm Owner Protection Act.
So sides felons who else is exempt permitless carry of law takes affect in oklahoma
Other than NICS, which is in and of itself an INFRINGEMENT, what other federal restrictions / requirements exist, and why are states allowed to restrict an activity that is not restricted at the federal level? What ever happened to “Federal law trumps State law”? Being retired military, I can’t help but see a chain of command where POTUS outranks any Governor. When the Attica, NY prisoners rioted in the 70’s, who told who to get the mess cleaned up ASAP because of the negative publicity? That’s right, Pres. Nixon told Gov. Rockefeller, because Nixon ran on a platform of law and order. Now, another military idea, regulations published at different levels … A local commander can use his discretion to tighten a reg from Dept. of the Army, or some other level above him / her self (division, brigade), if he / she deems it necessary to the specific unit’s mission, but cannot allow what the higher levels prohibit. This, on the surface might seem to be an argument in favor of state and even county or municipal gun control, but my opinion is that the analogy is not valid, as POTUS, SCOTUS and Congress do not have the same type of control over the States and lower levels that the military enjoys from the flag officer ranks on down to the boots in the sand troops getting shot at.
Arkansas is Now Confirmed a Permitless Carry State.
Then on October 17, 2018, the Arkansas Court of Appeals made a ruling that pretty much cemented the fact that Arkansas is a Permitless Carry state.
When I got my permit to carry I was told by law enforcement “if you are carrying correctly no one should see the gun” ” you only pull it when all else fails (talking) and start shooting when on target” “it is not TV or the movies” It is extremely serious.
Being a Missouri resident where we have constitutional carry, if I travel to Tennessee, will Tennessee honor my constitutional carry from Missouri?
No
This article is out of date.
We could serve our country and go to war but when we come home we may or may no be approved for a concealed permit. I have a concealed permit now but the legislation is looking at people with PTSD as a threat to society. Office workers get PTSD, police officers etc…. I just think this country wants to take all our guns. I agree that your address should not be on a concealed permit just the official that issued it and the state!
I live in California. Article III of the California STATE constitution states that the U.S. Constitution is the law of the land. This means that California law is subservient to the U.S. Constitution. The Second Amendment of the U.S. Constitution states that the right of The People to keep and bear arms shall not be infringed. Based upon that, it appears as though the State of California has turned a “right” into “privilege” in order to charge a tax (fee) to allow We the People to exercise our God-given constitutional rights. What say you??
I don’t think it is fair for a non violent felon to not be able to get a permit I have a dwi felony from about 20 years ago and I am not even allowed to own a shot gun but I can own black powder, crossbow and a compound bow I think those could kill you just as easy as a pistol if a no responsible person had those I was raised on a farm and love to hunt and took the hunters safety corse when I was 12 years old and I am 62 years old now and still love hunting
Jacob ,
I find all these comments extremely interesting, as well as your answers. My question is this : I am a retired detective,
how does HR218 come into play here ? Question is, there are states ( Illinois and NYork ) who apparently do NOT recognize HR218, even though its a federal Law. Can you comment on it ? My feelings are ALL states should recognize HR218. Thanks
Mike
what does this mean is it honored for a florida resident in Wisconsin Florida license ISSUED OR RENEWED TO NON-FLORIDA RESIDENTS ON OR AFTER 08/01/2013.
It means Wisconsin only honors FL permits if they are issued to a non-resident of Florida and if the permit was issued on or after Aug 1st, 2013
Another advantage to having a permit to carry is that if you want to buy a gun, the process is a lot faster if you have a permit than if you don’t. Where I live, they don’t have to run a background check on you if you already have a permit to carry.
Thank you for this article. I recently moved from Commiefornia to Arizona and what a breath of fresh air that was. While we are a Constitutional carry state I wanted to get my Arizona CCW permit.
It does give you many added benefits over not having it. As always it is a great responsibility that you undertake when you decide to do so. The best advice I can give someone is you are much better off being a “Thinker, then a shooter” if the need arises.
I am a Massachusetts resident with an LTC and in good weather I’m riding through different states. I have nonresident carry permits from NH, ME and Utah, but not sure if NY, CN, or RI has reciprocity with any of these. I can’t afford, or should I have to maintain nonresident in these other jurisdictions. I am careful and of the beliefs, 1. the 2nd amendment has my back and 2. It’s all legal until you get caught. Am I wrong.
So where did I miss the part of this article where it actually discusses the difference between constitutional carry and permitless carry?