Introduction to Constitutional Carry
Constitutional carry— also known as permitless carry— means a person can legally carry a firearm, concealed or openly, without a government-issued permit. The idea traces back to a constitutionalist reading of the Second Amendment, which guarantees the right to “keep and bear arms.”
The term “constitutional carry” gained momentum in the 2000s, but the practice itself is rooted in America’s earliest history. Vermont, for example, has never required a permit for concealed carry. Today, this concept distinguishes permitless states from “shall-issue” states, where permits must still be granted if legal requirements are met.
Legal Framework Behind Constitutional Carry
Gun laws in the U.S. operate under a dual system: federal restrictions and state-specific regulations. While the Second Amendment sets the foundation, states interpret and implement it differently.
Federal authority: bans on firearms for felons, domestic abusers, and in places like airports and federal courthouses remain unchanged.
State authority: states decide whether residents need permits, training, or background checks to carry.
Supreme Court influence: District of Columbia v. Heller (2008) confirmed the right to possess firearms for self-defense. New York State Rifle & Pistol Association v. Bruen (2022) struck down restrictive “may-issue” laws, fueling momentum toward permitless carry.
What is Permitless Carry?
Permitless carry means a person can carry a firearm, concealed, openly, or both, without applying for a license.
Eligibility: Most states still restrict felons, individuals with domestic violence convictions, or those deemed mentally unfit.
Age requirements: Typically 18 or 21, depending on the state (NRA-ILA, 2025).
Difference from licensed carry: With a permit, carriers may gain reciprocity in other states and often access training programs.
List of Constitutional Carry States
As of September 2025, 29 states allow permitless carry, covering both concealed and open carry in most cases.
Alabama
Alaska
Arizona
Arkansas
Florida — As of July 1, 2023
Georgia — 21 years old, or 18 for military
Idaho
Indiana
Iowa
Kansas
Kentucky
Louisiana — As of July 4, 2024
Maine — Permits recognized
Mississippi
Missouri — 19, or 18 for military
Montana
Nebraska — Effective 90 days after the legislative session ends
New Hampshire
North Dakota — On April 12, 2023, Gov. Burgum signed HB 1339 allowing non-residents to concealed carry and removing the 30-day ID requirement. Effective August 1, 2023.
Ohio
Oklahoma — 21, or 18 for military
South Carolina
South Dakota
Tennessee — 18, or 18 for military
Texas
Utah
Vermont
West Virginia
Wyoming
Arguments in Favor of Constitutional Carry
Supporters argue constitutional carry strengthens personal freedom and reinforces the Second Amendment’s original intent.
Freedom: Citizens shouldn’t need government approval to exercise a constitutional right.
Self-defense: Law-abiding citizens gain faster access to firearms for personal protection.
Crime deterrence: Some studies suggest armed citizens can discourage violent crime (Crime Prevention Research Center, 2023).
Efficiency: Eliminates bureaucratic delays, costs, and training barriers for everyday citizens.
Arguments Against Constitutional Carry
Critics warn that removing permit and training requirements creates safety risks.
Public safety concerns: Lack of mandatory training may increase negligent discharges.
Crime rates: Research on permitless carry’s impact is mixed and needs more research over time.
Law enforcement challenges: Police may face difficulties distinguishing lawful carriers from threats.
Gun violence data: States with looser carry laws often experience higher firearm death rates (CDC, 2024).
Graphic Idea: Bar chart comparing firearm-related death rates in permitless vs. shall-issue state.
Permitless Carry vs. Licensed Carry
Even in constitutional carry states, many still choose to get permits.
Benefits of permits:
Reciprocity: Permits are recognized across state lines.
Training: Many states only offer formal courses tied to permitting.
Legal advantages: Proof of background checks can help during legal disputes.
Where permits are still needed:
Federal properties (courthouses, post offices).
Certain states without reciprocity agreements.
Travel across state lines with stricter laws.
Even in permitless carry states, it is always a good idea to seek training and certification in the use of your firearm. It doesn’t matter if you are in a permitless carry state if you don’t have the practice to effectively use your firearm in the event of a self-defense incident.
Legal Limitations & Exceptions
Constitutional carry does not equal unlimited carry.
Prohibited places: schools, bars, government buildings, airports.
Private property: business owners can prohibit firearms.
Employers: workplace rules may restrict firearms on premises.
Federal law: restrictions remain in place regardless of state laws.
To protect yourself legally, always be aware of restrictions in permitless carry states. It is easy to get used to not having to worry about your legal status as a responsible gun owner being questioned only to then wander into a restricted area.
The Future of Constitutional Carry in the U.S.
Momentum suggests that more states may adopt permitless carry. Legislation has a tendency to build upon itself in other like-minded states.
States considering legislation: North Carolina, South Carolina, and Pennsylvania have active debates.
Political split: Republican-led legislatures overwhelmingly support expansion, while Democratic-led states resist.
National trend: In 1986, only one state allowed “shall-issue” permits; by 2025, nearly 60% of states are permitless.
It is very possible that if you don’t live in a permitless state now, you might soon. Regardless, if you’re planning to carry, it is highly recommended to go through training and practice your style of carry. This protects yourself and others from the consequences of an inexperienced gun owner.
It is your right to carry, but also your responsibility to do so safely and with confidence.
Frequently Asked Questions:
What is the difference between constitutional carry and open carry?
Constitutional carry allows concealed or open carry without a permit, depending on the state. Open carry simply means the firearm is visible.
Which states allow permitless carry in 2026?
29 states, including Texas, Florida, and Arizona.
Do you need training for constitutional carry?
Most states don’t require it, though training is strongly recommended. Just because you can carry, doesn’t mean you will automatically be prepared for a self-defense situation.
Can you carry across state lines without a permit?
No. Reciprocity agreements only apply to permits, not permitless carry. If you’re planning to travel, get a permit and then check a reciprocity map for where it is safe to carry across state lines.
Does permitless carry cover both concealed and open carry?
Yes in most states, but some limit the law to concealed carry only. Always double-check the wording of your states legislation to be sure.
What is the Constitutional Carry Act?
The Constitutional Carry Act is a law that allows citizens to carry handguns, either openly or concealed, without obtaining a government-issued license. It removes the permit requirement for lawful gun owners, relying instead on the constitutional right to bear arms as stated in the Second Amendment.
Can I legally carry firearms without a permit?
Yes, in states that have adopted permitless or constitutional carry laws, citizens may legally carry firearms for self-defense without a license. However, federal restrictions still apply—meaning you cannot carry in prohibited areas such as schools, government buildings, or airports.
Do I still need a carry permit in some situations?
Even in permitless carry states, a carry permit can be useful. It allows you to legally carry across state lines where reciprocity agreements exist and may serve as proof of training or background checks. Many responsible gun owners still obtain a permit for these added benefits.
What does concealed carry mean under constitutional carry laws?
Concealed carry means carrying a firearm in a way that keeps it hidden from public view, such as in a waistband or purse. Under constitutional carry, many states allow this without a permit, though training and safe handling are still strongly recommended.