Constitutional Carry

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In the United States, the term Constitutional Carry is a neologism fabricated by gun enthusiasts who advocate for new laws that permit the carrying of firearms, concealed or not, without restrictions. When a state or other jurisdiction has adopted Constitutional Carry, it is legal for law-abiding citizens to carry a handgun, firearm, or other weapon concealed with or without an applicable permit or license. The scope and applicability of such laws or proposed legislation can vary from state to state.

The phrase "Constitutional Carry" reflects the view that the Second Amendment to the United States Constitution permits no restrictions or other regulations on gun ownership, although District of Columbia v. Heller, decided by the Supreme Court of the United States in 2008, suggests that some state or local controls may be allowed, at least as to certain types of weapons.

U.S. States that have implemented Constitutional Carry[edit]

History of Right To Carry laws

Alaska[edit]

On June 11, 2003, Alaska Governor Frank Murkowski signed House Bill 102 which removed the requirement to obtain a concealed weapons permit in order to carry a concealed firearm. The law went into effect September 9, 2003.

Arizona[edit]

On April 16, 2010, Arizona Governor Jan Brewer signed Senate Bill 1108 which acted similarly to Alaska's bill.[1] The law went into effect July 29, 2010.

Arkansas[edit]

On April 4, 2013 Arkansas Governor Mike Beebe signed legislation to allow Constitutional Carry.[2][3] The law decriminalizes the carry of handguns for self-defense purposes, and puts the burden upon a prosecutor to prove criminal intent of a person carrying a handgun. Also, there are no specifications whether a legally carried handgun should be carried openly or concealed; thus it is considered Constitutional Carry. This law went into effect in August 2013. Attorney General Dustin McDaniel has issued an opinion on Act 746 of 2013 stating that the newly defined "journey" term does not authorize constitutional carry in Arkansas, but admits that the change in the mens rea of the offense for "carrying a weapon" is up for debate, but is outside of the scope of the question presented for this particular opinion. The previous law made carrying a weapon with the purpose to use it against another person a crime. The new law changed the mens rea to carrying a weapon with the purpose to attempt to unlawfully use the weapon against another person. See Opinion No. 2013-047, footnote 7 dated July 8, 2013 or visit his Web site at http://arkansasag.gov/opinions/index.php.

Vermont[edit]

For many decades, the only state to allow "Constitutional Carry" of a handgun (i.e. without any government permit) was Vermont. From the formation of the 13 original states, "constitutional carry" was the law in all states until the 1800s. By the 20th century, all states except Vermont had enacted concealed carry bans, with the exemption in most states for those citizens with a permit. Due to its tightly worded state constitution,[1] Vermont has never been able to have a restriction on the method of how one could carry a firearm, and thus, in this regard, Vermont stood entirely separate from the rest of the United States for quite some time. Because of this, Constitutional Carry is still often referred to as "Vermont carry".

Wyoming (for residents)[edit]

On March 2, 2011 Wyoming Governor Matt Mead signed legislation to allow Constitutional Carry.[4][5] The law officially went into effect on July 1, 2011. Under the law residents can carry concealed or openly without a permit but visitors to the state must either have a valid concealed carry permit from a jurisdiction that is recognized by the State of Wyoming or carry the weapon openly.

While Wyoming does have the resident limitation it is similar to Vermont in that the police may not disarm a citizen just because they "feel" it's necessary.[citation needed]

Oklahoma (residents of constitutional carry states)[edit]

In the state of Oklahoma, any person who is a legal resident of a state that allows concealed carry without a permit may also carry concealed in Oklahoma without a permit, so long as they possess a photo ID showing they are a legal resident of that other state and also meet the legal requirements for permitless carry in that other state.[6]

U.S. States that do not require a license to carry but have limitations for unlicensed open and/or concealed carry[edit]

Idaho[edit]

Idaho introduced a bill early in 2011 to allow constitutional carry. Currently Idaho issues CCWs on a shall-issue basis and open carry is legal without a permit.[7]

Idaho allows Constitutional Carry within a person's place of abode, fixed place of business, or on property which a person has ownership or leasehold interest.[8] Additionally, a person may carry a concealed weapon without a license when outside of city limits and when not in a vehicle.[9] A firearm may be legally concealed when in a vehicle, either inside or outside city limits, as long as the firearm is disassembled or unloaded.[9]

Montana[edit]

Montana introduced a bill early in 2011 to allow constitutional carry. The bill passed the House with a vote of 55-45, and passed the Senate with a vote of 29-21.[10][11] Montana HB 271 was vetoed by Governor Brian Schweitzer on May 10, 2011[12] and was unable to gather the necessary 2/3 majority to overturn the veto.[13] Montana is currently a shall-issue state for concealed weapon permits and open carry is legal without a permit.[14]

In addition to Montana's concealed weapons permit system, state law allows for Constitutional Carry through an exemption to the ban on carrying concealed weapons outside the official boundaries of a city or town.[15] In 2011 Montana HB 271 was vetoed by Governor Brian Schweitzer (D) which would have expanded it to all areas of the state.[12]

New Hampshire[edit]

Two competing bills were introduced in New Hampshire in 2011 that would have implemented Constitutional Carry. On March 15, 2011, the House passed HB330,[16] but the bill died in the senate.[citation needed] On January 5, 2012, the New Hampshire house moved forward with an amended version of HB 536 as well.[17] Governor John Lynch was opposed to the bill,[18] and the bill eventually died in the Senate.[19]

Open carry is legal without a license in New Hampshire, and the state currently issues concealed carry "pistol & revolver" licenses on a shall-issue basis.[20] However, carrying a concealed handgun unloaded is legal without a license. A New Hampshire Supreme Court decision in 2013 clarified that the current law does not prohibit carrying a concealed handgun if it is unloaded and no round is chambered, even if a loaded magazine is nearby.[21]

New Mexico[edit]

Under New Mexico law a concealed handgun license is required for concealed carry when the weapon is both loaded and concealed and the individual carrying is on foot. It is perfectly legal to carry ammunition as well as a loaded magazine so long as it is not inserted into the weapon. Additionally, it is legal for an individual to carry a loaded firearm in a concealed manner without a concealed carry permit while traveling in a vehicle, to include motorcycles, bicycles and while riding a horse. This method of concealed carry has additional restrictions not found in permitted carry such as all the same restrictions that apply to open carry.

Other U.S. States In Which Legislation for Constitutional Carry Has Been Introduced[edit]

Colorado[edit]

Legislation was introduced in Colorado to allow Constitutional Carry in early 2011. The bill passed the House with a vote of 40-25 but did not move in the Senate. Currently Colorado issues CCWs on a shall-issue basis and open carry is legal without a permit.[22] The Colorado Legislature begins its 2012 session on January 11.

Georgia[edit]

Legislation was introduced in Georgia[23] to allow Constitutional Carry. Currently Georgia issues weapons carry license on a shall-issue basis and open or concealed carry is only legal with a license.

Iowa[edit]

Both a bill[24] and a constititional amendment[25] were introduced in Iowa to allow constitutional carry. Currently Iowa issues concealed-carry weapons permits on a shall-issue basis. Open carry is legal with a permit in cities, outside of cities no permit is required.

Kentucky[edit]

Kentucky representative Mike Harmon KY Politician introduced a bill to allow Constitutional Carry early in 2011; that bill failed to get out of committee.[citation needed] In early 2012 Rep. Harmon introduced a similar, but more comprehensive bill with several cosponsors.[citation needed]

Kentucky currently issues concealed carry weapons permits on a shall-issue basis and open carry is legal without a permit.[26]

Louisiana[edit]

In 2012 both houses of the Louisiana legislature passed a constitutional amendment that would limit the government's capacity to regulate firearms. On November 6, 2012 Louisiana adopted the Amendment. Act 874 (SB 303) with 73.46% supporting the measure (1,333,276 votes yes, 481,703 voted no). The new law takes effect in January.[27]

Louisiana Revised Statutes section 14:95(A)(1), prohibiting the intentional concealment of a weapon on one’s person, withstood review by the Louisiana Supreme Court in State of Louisiana ex rel. J.M. Concealed carry can still be restricted only to permit holders in Louisiana.[28]

Nevada[edit]

In early 2011 Nevada senators James Settelmeyer and John Lee introduced Senate Bill 126 which would allow non-weapon specific concealed carry licensing. Nevada is currently a shall-issue state for concealed carry weapons permits and open carry is lawful without a permit.[29]

North Carolina[edit]

Legislation was introduced in North Carolina to allow Constitutional Carry on March 25, 2013. The Enabling Heros Act of 2013 was introduced by Jeff Tarte, Shirley B. Randleman, Andrew C. Brock. The Bill is S410.[30] That bill has yet to be voted on. Currently North Carolina issues concealed carry handgun permits on a shall-issue basis and open carry is legal without a permit.

Ohio[edit]

The current version of Constitutional Carry is HB 256.[31] Vermont style carry has been proposed several times in Ohio, going back to 1995.[32]

Oregon[edit]

Oregon introduced a bill early on Jan. 11, 2011 which would grant "rights given to concealed handgun licensee to any person who may lawfully purchase and possess firearm."[33] According to the bill's author, Representative Kim Thatcher, HB 2790 did not gain enough support to progress out of the House Judiciary Committee, and is effectively dead.

Pennsylvania[edit]

HB 2176 was introduced in Pennsylvania in March 2012 to allow constitutional carry.[34] Representative Rick Saccone introduced that bill. Currently Pennsylvania issues license to carry firearms (LTCF) on a shall-issue basis and open carry is legal on foot in Pennsylvania everywhere except for the City of Philadelphia. In order to carry a loaded firearm (open or concealed) in a vehicle; in the City of Philadelphia; or off of your residential or business property during a declared state of emergency, you must possess a LTCF. This legislation would remove all of these restrictions as well.

South Carolina[edit]

Legislation was introduced in South Carolina in early 2012 to allow constitutional carry. Currently South Carolina issues concealed carry weapons on a shall-issue basis and open carry is illegal.[35]

South Dakota[edit]

Legislation was introduced in South Dakota in 2012 that would remove the penalty for carrying a concealed handgun without a permit. The Bill is HF 1015.[36]

Tennessee[edit]

Legislation was introduced in Tennessee early in 2011 to allow Constitutional Carry.

Bill summary:

This bill authorizes any resident of Tennessee who is a United States citizen or permanent lawful resident, who has reached 21 years of age, and who is not prohibited from purchasing or possessing a firearm under state or federal law, to carry a firearm in this state except as otherwise prohibited by law. A handgun carry permit would not be required to carry a handgun in this state if a person meets these requirements. A resident of this state who is so authorized to carry a handgun may carry a handgun in any other state with which this state has entered into an agreement of reciprocity for handgun permits.[37]

Currently Tennessee issues Handgun Carry Permits on a shall-issue basis. Concealed or open carry is only legal with a permit.[38]

Utah[edit]

Utah issues concealed carry weapons permits on a shall-issue basis and open carry is legal without a permit provided that the firearm is kept in a state where two actions must take place before the weapon will fire. There is no such restriction for concealed carry weapons permit holders.[39] On 21 January 2013, Rep. John Mathis, R-Vernal, reintroduced legislation to allow Constitutional Carry.[40] Although the bill was passed by the legislature, it was vetoed by Governor Herbert.[41]

Virginia[edit]

Legislation was introduced in Virginia, HF 139, to allow Constitutional Carry in early 2012. The bill provides that any person who may lawfully possess a firearm in Virginia may carry it hidden from common observation.[42] Open carry in Virginia without a permit is already legal, provided that a semi-automatic firearm holds no more than 20 rounds, and a shotgun holds no more than 7 rounds. The Code of Virginia 18.2-287.4 only extends this restriction to the Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, or Virginia Beach or in the Counties of Arlington, Fairfax, Henrico, Loudoun, or Prince William. Other exceptions to this code section apply such as being a law-enforcement officer. It is currently unknown whether the practice of limiting ammunition per magazine in the Commonwealth conforms to the Constitution of Virginia[43]

West Virginia[edit]

West Virginia introduced legislation to allow Constitutional Carry at the beginning of 2011. Currently West Virginia issues concealed carry weapons permits on a shall-issue basis and open carry is legal without a permit.[44]

Wisconsin[edit]

In July 2011 Governor Scott Walker signed the nation's 49th Concealed Carry law.[45] The bill, SB-93 originally did not require permits, but the Governor said he wouldn't sign it unless it included permits and required training. Although under the now new law ... No training is required.[46]

References[edit]

  1. ^ Fischer, Howard. "Concealed weapons bill goes to Brewer for signature". Daily News-Sun. Retrieved 26 February 2011. 
  2. ^ "Arkansas Act 746 of 2013 Press Release". arkansascarry.com. 
  3. ^ "Arkansas Act 746 of the Regular Session". 89th General Assembly - Arkansas State Legislature. 
  4. ^ "Wyoming House approves concealed carry bill". Laramie Boomerang. Retrieved 26 February 2011. 
  5. ^ "Wyoming governor signs concealed gun bill". Casper Star-Tribune. Associated Press. 2 March 2011. Retrieved 3 March 2011. 
  6. ^ http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69809
  7. ^ "Republicans Want More Guns in Idaho". Fox 12 Idaho. Retrieved 26 February 2011. 
  8. ^ "Idaho Statute 18-3302 (7)". 
  9. ^ a b "Idaho Statute 18-3302 (9)". 
  10. ^ "Senate endorses looser concealed carry law". KULR-8. 27 March 2001. Retrieved 29 March 2011. 
  11. ^ http://www.mtstandard.com/news/state-and-regional/article_91af16b9-41a4-58aa-ab65-126c61a2b789.html
  12. ^ a b http://data.opi.mt.gov/bills/2011/AmdHtmH/HB0271GovVeto.pdf
  13. ^ http://laws.leg.mt.gov/laws11/LAW0210W$BSIV.ActionQuery?P_BILL_NO1=0271&P_BLTP_BILL_TYP_CD=HB&Z_ACTION=Find
  14. ^ "UPDATED: House Green Lights Concealed Carry Without Permit". Flathead Beacon. Retrieved 26 February 2011. 
  15. ^ "45-8-317. Exceptions". 
  16. ^ "HB 330 - New Hampshire Liberty Alliance". New Hampshire Liberty Alliance. Retrieved 16 March 2011. 
  17. ^ "HB536 Yea Votes". 
  18. ^ "N.H. battle lines drawn over new gun laws". The Eagle-Tribune. January 3, 2012. 
  19. ^ Rayno, Garry (3 May 2012). "Gun bill muzzled in Senate". New Hampshire Union Leader. Retrieved 3 September 2013. 
  20. ^ Hayward, Mark. "Dueling concealed firearms bills divide GOP". New Hampshire Union Leader. Retrieved 26 February 2011. 
  21. ^ Grossmith, Pat (7 August 2013). "Court tells Manchester police a 'loaded gun' must have bullets in it". New Hampshire Union Leader. Retrieved 3 September 2013. 
  22. ^ Axelrod, Ethan (25 February 2011). "Colorado Gun Bill Clears Committee With Bipartisan Support". Huffington Post. Retrieved 26 February 2011. 
  23. ^ "Bill text of HB 679". 
  24. ^ "Iowa House Study Bill 20". Retrieved 8 April 2011. 
  25. ^ "Iowa House Study Bill 17". Retrieved 8 April 2011. 
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  27. ^ http://staticresults.sos.la.gov/11062012/11062012_Statewide.html
  28. ^ http://lawreview.law.lsu.edu/2014/04/04/up-in-smoke-an-update-on-louisianas-right-to-bear-arms/
  29. ^ Chereb, Sandra (February 16, 2011). "Bill to streamline concealed weapons permit licensing heard in Nevada Senate". Reno Gazette-Journal. Associated Press. Retrieved 2 March 2011. 
  30. ^ "NC General Assembly page for S410". 
  31. ^ "H. B. No. 256". 
  32. ^ "Lucas pushes gun-toting measures". The Vindicator. October 5, 1995. p. A3. 
  33. ^ "Oregon HB 2790". The Oregonian. Retrieved 8 April 2011. 
  34. ^ "HB 2176". 
  35. ^ "Panel approves bill expanding gun rights". The State. Retrieved 26 February 2011. 
  36. ^ "Bill text of HB 1015". 
  37. ^ "Bill Summary of SB 397". Retrieved 27 February 2011. 
  38. ^ Tenn. Code Ann. § 39-17-1351
  39. ^ Gehrke, Robert. "‘Constitutional Carry’ law stalls in committee". Salt Lake Tribune. Retrieved 26 February 2011. 
  40. ^ http://le.utah.gov/~2013/bills/static/HB0076.html
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  42. ^ "Virginia HB 139". 
  43. ^ "Guns Worn In Open Legal, But Alarm Va.". The Washington Post. 2004-07-15. Retrieved 2010-03-15. Perez said an officer spoke with the men, then took their guns and charged them with possession of a firearm in a public place. Virginia law 18.2-287.4 expressly prohibits "carrying loaded firearms in public areas. But the second paragraph of the law defines firearms only as any semiautomatic weapon that holds more than 20 rounds or a shotgun that holds more than seven rounds -- assault rifles, mostly, Van Cleave said. Regular six-shooters or pistols with nine- or 10-shot magazines are not "firearms" under this Virginia law. 
  44. ^ Marks, Rusty (February 13, 2011). "Bill would expand gun rights, crack down on criminal use". The Charleston Gazette. Retrieved 2 March 2011. 
  45. ^ "Walker signs Concealed Carry law, local community reacts". 
  46. ^ "2011 Senate BILL 93".