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The Current State of Constitutional Carry

In most cases, fighting for gun rights means fighting against laws and politicians that would attempt to change the status quo and further restrict Americans access to firearms. In some cases, though, gun rights proponents have the opportunity to fight for even more freedom than they currently have under the law. Such is the case with constitutional carry – a policy that is quickly transitioning from an ideology to actual law in states across the country.

What is Constitutional Carry?

Constitutional carry dictates that the Second Amendment gives Americans the right to carry firearms regardless of whether or not they have obtained a concealed carry permit. While federal courts have yet to interpret the constitution in such a way, several states are taking it upon themselves to offer their citizens this right, enabling them to lawfully carry a firearm without any kind of permit or special training.

Constitutional Carry Vs Open Carry

Though often confused, constitutional carry and open carry are two very different policies. Right now, 30 states allow open carry without a permit. However, only 12 states offer constitutional carry.

The difference between open carry and constitutional carry comes down to whether or not you are able to carry your firearm concealed. In states that allow constitutional carry, you are able to conceal a firearm on your person or in your vehicle without any kind of permit. In states that allow permitless open carry, you can carry a firearm without a permit, but it has to be clearly visible.

For most people and most situations, concealed carry is greatly preferred over open carry. Concealed carry allows you to remain discreet. This means that you are not only able to avoid potentially awkward encounters but are also able to avoid making yourself a target by letting wrongdoers know that you are armed.

States that Allow Constitutional Carry

Right now, the states which offer constitutional carry are:

  • Alaska
  • Arizona
  • Idaho
  • Kansas
  • Maine
  • Mississippi
  • Missouri
  • New Hampshire
  • North Dakota
  • Vermont
  • West Virginia
  • Wyoming

Of course, this list may be changing very soon. Up until 2003, Vermont was the only state to allow constitutional carry, and it wasn’t until as recently as 2016 that the majority of the states on the list began to allow it. Most recently, Alabama has filed legislation to become a constitutional carry state, and in the coming months and years, more and more states may do the same.

Is Constitutional Carry a Good Idea?

While gun rights advocates are normally fully united in favor of any law that increases the freedom Americans have to bear arms, there are a few points of controversy concerning constitutional carry.

Most notably is the point that constitutional carry removes much of the incentive for people to receive formal training with their firearm before they carry it. In order to adopt safe carry habits as well as prepare yourself for a range of situations where you may have to use your firearm, formal training from a licensed instructor is extremely beneficial. For states that do not allow constitutional carry, some type of training is almost always required in order to receive a concealed carry permit.

The flip side of this issue is that the cost and hassle of getting a concealed carry permit and the training that goes along with it is often a major barrier to entry for many people, persuading them not to carry a handgun when they otherwise would.

Gun control advocates often try to put forth the idea that constitutional carry opens us up to a “wild west” type society where everyone is armed and people are gunned down in the streets. However, the data from states that have been allowing constitutional carry for some time now simply does not bear this out. The truth is that there are no instances to support the idea that constitutional carry is in any way a threat to public safety.

With this being the case, the recent rise of states allowing constitutional carry is certainly a positive trend for supporters of the Second Amendment, and we can hope that more and more states will begin to allow their citizens to defend themselves without restriction.

~ American Gun News


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16 Responses

  1. I strongly support the Second Amendment, and believe every state should have a “shall issue” policy regarding concealed carry permits, but I am all for mandating training in firearm safety, basic shooting skills, and the laws governing deadly force before anyone can exercise the right to carry, whether open or concealed. Guns don’t cause negligent discharges and accidental shootings; untrained or stupid people do. The training needn’t be extensive or expensive, but anyone carrying a firearm should be required to know how to carry it and use it safely.

  2. Criminals don’t need to take classes and pay the state to carry a weapon.We,the tax paying,law abiding American people have a constitutional right to carry and bear arms.Why do we allow the state to infringe upon our constitutional rights?

  3. Hey Ya’ll, what states are Open Carry? You told us the Constitutional Carry Ones! But Failed to list the Open Carry
    States?

  4. The other problem with constitutional carry is that it allows residents of the crappy states that do not recognize the concealed carry laws of other states to carry in the constitutional carry states. In other words, someone from New Jersey, which will barely let a resident have a pocket knife or Hawaii, which even has long gun registration and a Canadian approach to handguns, can carry in a constitutional carry state. States should adopt a “you (nonresident) get when in our state what we get in your state” approach. I am fortunate to live in a constitutional carry state but if someone came into my state from say New York city and wasn’t allowed to carry, why do I care since I can’t even possess an unloaded handgun in a locked case when driving through that place.

  5. One thing that needs to be considered! If a license or permit is required to practice a Constitutionally protected liberty, it ceases to be a liberty and becomes a privilege at the pleasure of government, be it local, state, or national.

  6. No, unless there are some dementia problems and then they should be able to give them away.

  7. There is also no data concerning open carry and criminal intentions toward those that do vers concealed. I carry both ways depending on many factors from day to day . Ranging from the weather to just simply because this is how I want to. Still find it shameful that we have to purchase our 2a.

  8. No, no, NO! The Second Amendment doesn’t ‘give’ anybody anything. The Second Amendment ENJOINS THE FEDERAL GOVERNMENT FROM INTERFERING WITH A RIGHT THAT PRE-EXISTED THE ESTABLISHMENT OF THAT GOVERNMENT.

    There is no grounds for questioning whether or not Constitutional Carry is a ‘good idea’, in fact any ‘law’ at any level that interferes with a Constitutionally guaranteed RIGHT – at any level: Local, state or federal – is an affront to the Constitution, null and void an (except for a corrupt judiciary) unenforceable on its face.

  9. United States citizens have no constitution. So they have no constitutional rights. Click on the link below for proof. But even if they were protected by the Constitution for the United States of America, they wouldn’t have second amendment rights. The right to keep, bear, and use deadly weapons to protect life, liberty, and property, predates all governments.
    But I’m sure that the American Gun News publishers know that. What they don’t know is in the article at this link.
    noconstitutionforyou.blogspot.com

  10. Doesn’t constitutional carry only apply to the resident of the state that allows it to include residents of other such states., And of course license holders from any state?, Or does it include visitors from anywhere as long as they are a citizen of the U.S. and thereby entitled to the privileges and protections of our constitution.

  11. I’m an Arizona expat and I loved shopping for food at Bashas and seeing open carry on both women and men; and yes a cowboy or two. Keep it free.

  12. I wish that to get a licence, one has to do a hunter safety course. Or like me the citizens took a min of 2 years in the military at 18. Or our 2nd amendment isnt infringed. But i can only do so much. I live in Florida, i try keeping my hunting and license valid though its hard to get good places in my county for either and cheap. A hunting license for one year starts minimaly at $20.00 plus the hunting dues and hassle. I do wish we had a constitutional right to carry as we wish. Buy ammo and mags as we wish. But i hope we dont go the way of Canada or Australia. .

  13. Mississippi has open carry for everyone except of course felons and Constitutional carry for women in their purse or fanny pack.

  14. I wish that to get a licence, one has to do a hunter safety course. Or like me the citizens took a min of 2 years in the military at 18. Or our 2nd amendment isnt infringed. But i can only do so much. I live in Florida, i try keeping my hunting and license valid though its hard to get good places in my county for either and cheap. A hunting license for one year starts minimaly at $20.00 plus the hunting dues and hassle. I do wish we had a constitutional right to carry as we wish. Buy ammo and mags as we wish. But i hope we dont go the way of Canada or Australia. .

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