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Firearm legal topics of the
United States
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In the United States, the term constitutional carry is a neologism for the legal carrying of handgun, either openly or concealed, without the requirement of a government permit.[1][2][3] The phrase does not typically refer to the unrestricted carrying of a long gun, a knife, or other weapons. 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. Prior to Heller there have been many other cases that have upheld both state and federal gun control laws under the Second Amendment. All of the state laws described below operate in the context of federal regulation regarding the transfer and sale of firearms. Firearms and ammunition are subject to taxation as well.

Constitutional carry is also sometimes known as "Vermont carry"[3] or "permitless carry."[4]

U.S. States that have implemented constitutional carry

History of Right To Carry laws

As of the end of 2014, Alaska, Arizona, Arkansas, Vermont and Wyoming are considered constitutional carry states. In Wyoming's case, permitless carry is for residents only; non-residents must have a permit to carry a concealed handgun in that state.

Alaska

On June 11, 2003, Alaska Governor Frank Murkowski signed House Bill 102 into law.[5] 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.[6]

The law took effect on September 9, 2003.[5]

Arizona

On April 16, 2010, Arizona Governor Jan Brewer signed Senate Bill 1108 into law. The law eliminated the requirement to obtain a permit in order to carry a concealed weapon in Arizona for U.S. citizens 21 and older. The process to obtain a permit was left in place so that Arizona residents could still obtain permits in order to carry concealed in other states or to carry in a restaurant or bar that serves alcohol.[7] The law took effect on July 29, 2010.[8][9]

Arkansas

On April 4, 2013 Arkansas Governor Mike Beebe signed legislation to establish constitutional carry.[10] The law, Act 746, decriminalized the carrying of handguns for defensive purposes. The Arkansas code was changed so that in order to be guilty of the offense of "Carrying a weapon," a person was required to have a "purpose to attempt to unlawfully employ" the weapon.[11][12][13] This law took effect in August 2013.[14]

Attorney General Dustin McDaniel issued an opinion on Act 746 of 2013 stating that the newly defined "journey" term does not authorize open carry in Arkansas. However, the opinion also stated 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.[15] Faulkner County Prosecuting Attorney Cody Highland was asked about the law, and stated: "The law as passed makes it very difficult if not impossible to ascertain the intent of someone who is attempting to unlawfully deploy a weapon against another person so the practical effect is a substantial change in the law. I think it's hard to come up with a scenario in which law enforcement can prosecute someone successfully because again you have to get into the intent. And a law enforcement officer is going to have to walk up and ascertain that."[16]

Kansas

On April 2nd, 2015, Governor Brownback signed Constitutional Carry into law, to take effect July 1st of 2015.

Vermont

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.[citation needed] Due to wording in its state constitution and decisions made by the state courts, 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.[17][18] Because of this, constitutional carry is still sometimes referred to as "Vermont carry".[3]

Wyoming (for residents)

On March 2, 2011 Wyoming Governor Matt Mead signed legislation to allow constitutional carry.[19][20] 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]

U.S. States that have a limited form of permitless concealed carry

Some states have a limited form of permitless carry, restricted based on one or more of the following: a person's location, the loaded/unloaded state of the firearm, or the specific persons who may carry without a permit. As of the end of 2014, these states are Idaho, Montana, New Hampshire, New Mexico, and Oklahoma.

States that do not require a permit to carry only in very limited areas, e.g. at a person's home and/or place of employment, are not included in this section.

Idaho (outside city limits while engaged in lawful outdoor activities)

In 2011, a bill was introduced in the Idaho legislature allow constitutional carry. The bill would have altered the existing law by requiring intent to use the weapon unlawfully, and would have prohibited the state from inferring intent merely by the fact that a person possessed a loaded weapon.[21]

Another bill has been introduced for the 2015 session and has been referred to the House State Affairs Committee.[22][23]

Currently, Idaho issues a license to carry a concealed weapon on a shall-issue basis, and open carry is legal without a permit.[24][25] Idaho does not require a permit to carry a concealed handgun "within a person's place of abode, fixed place of business, or on property which a person has ownership or leasehold interest." Additionally, a permit is not required for concealed carry for "any person outside the limits of or confines of any city while engaged in lawful hunting, fishing, trapping or other lawful outdoor activity." 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; if the firearm is displayed openly in the vehicle, no permit is required.[25]

Exemption for government bureaucrats

Idaho also allows constitutional carry for a certain privileged class of government officials and bureaucrats. These include any publicly elected officials in the state of Idaho, any other officials of any city, county, the state of Idaho, or of the United States, law enforcement officers, jail guards, and retired police officers.[26]

Montana (outside city limits)

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.[27][28] Montana HB 271 was vetoed by Governor Brian Schweitzer on May 10, 2011[29] and was unable to gather the necessary 2/3 majority to overturn the veto.[30] Montana is currently a shall-issue state for concealed weapon permits and open carry is legal without a permit.[31]

For the 2015 legislative session, HB 298 has been introduced, which would legalize constitutional carry statewide for all persons who are not prohibited from possessing a firearm. The bill passed the Montana House 56-43 and is currently scheduled for a hearing in a Senate committee.[32][33]

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.[34] In 2011 Montana HB 271 was vetoed by Governor Brian Schweitzer (D) which would have expanded it to all areas of the state.[29]

New Hampshire (unloaded weapon & loaded magazine)

In 2011, two competing bills were introduced in New Hampshire that would have implemented constitutional carry.[35][36] On March 15, 2011, the House passed HB330, but the bill died in the senate.[35] On January 5, 2012, the New Hampshire house moved forward with an amended version of HB 536.[37] Governor John Lynch was opposed to the bill,[38] and the bill eventually died in the Senate.[39]

SB 116 was introduced in the New Hampshire Senate in 2015. If passed, it will change the several laws regarding firearms, including a removal of the requirement to have a permit to carry a concealed handgun. On 12 February 2015, the bill passed the Senate with a 14-9 vote (one abstention).[40] It will now move on to the New Hampshire House of Representatives.

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.[41] 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.[42]

New Mexico (unloaded weapon & loaded magazine, vehicle carry)

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.[citation needed]

Oklahoma (residents of constitutional carry states)

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.[43]

U.S. States that have introduced but not passed constitutional carry legislation

In 2015, constitutional carry bills have been introduced in Colorado, Idaho, Indiana, Kansas, Maine, Mississippi, Montana, New Hampshire, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, and West Virginia.

Colorado

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.[44] Other bills were introduced in 2012[45] and 2014,[46] but both bills died in committee.

On February 19, 2015, the Colorado Senate passed SB 32 on a party-line vote (18-17) which would allow all persons legally permitted to purchase a handgun, and who are 21 or over, to conceal a handgun without a permit. The bill would also allow people to continue to receive permits and enjoy reciprocity with other states who accept Colorado CCW permits. This bill now moves to the Colorado House, where it is expected to be rejected.[47]

Colorado issues permits to carry a concealed handgun on a shall-issue basis, and open carry is legal without a permit.[48][49]

Georgia

Legislation was introduced in the Georgia House of Representatives to establish constitutional carry in 2012[50] and in 2013.[51] Both bills had six cosponsors.

Currently Georgia issues weapons carry licenses on a shall-issue basis. Open or concealed carry is only legal with a license.[52]

Indiana

HB 1144 was introduced in January 2015. If passed, it will repeal the requirement to obtain a license to carry a handgun while maintaining the existing license for the purpose of state reciprocity.[53]

Currently, Indiana issues a license to carry on a shall-issue basis. The Indiana license to carry does not differentiate between concealed or open carry.[54]

Iowa

In 2011, a bill was introduced that would have changed the weapons carrying penalty by adding intent to use the weapon in an unlawful manner, and would have prohibited inferring intent from the simple carrying or possession of a weapon. The bill did not advance beyond committee.[55] In 2012, a constitutional amendment was introduced that would have explicitly prohibited mandatory licensing, registration or special taxation of the right to "acquire, keep, possess, transport, carry, transfer, and use arms to defend life and liberty and for all other legitimate purposes." The proposal was later withdrawn from consideration.[56]

Iowa currently issues concealed-carry weapons permits on a shall-issue basis. Open carry is legal with a permit in cities, while outside of city limits, no permit is required.[57]

Kansas

SB 45, which would remove the requirement to obtain a license to carry a concealed handgun, was introduced in the Kansas Senate in early 2015. The bill has 26 cosponsors in the Senate (out of a total of 40 senate members). On February 26, the bill was passed by the Kansas Senate 31-7. The bill was referred to the House Standing Committee on Federal and State Affairs and the hearing was held Friday, March 13. The bill passed out of the House Committee and on March 25 2015 it went to the House floor where it passed as amended by voice vote.[58][59] The bill returned to the Senate to fix a minor clerical error and passed as amended. The bill is proceeding to the governor's desk for signature or veto.

Currently, Kansas issues licenses to carry concealed handguns on a shall-issue basis. No permit is required to openly carry a firearm.[60]

Kentucky

Kentucky State Representative Mike Harmon introduced a bill to establish constitutional carry early in 2011. That bill failed to receive a vote of the full House.[61] In 2012, Representative Harmon introduced a similar, but more comprehensive bill with several cosponsors. That bill stalled in the Judiciary Committee.[62]

Kentucky currently issues concealed carry weapons permits on a shall-issue basis. Open carry is legal without a permit.[63]

Louisiana

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.[64]

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.[65]

Maine

In 2013, the Maine house rejected a bill to end the permit requirement for handgun carry by one vote (74-73).[66] An amendment on a bill to reform the issuance of concealed carry permits that would have allowed permitless carry failed in 2014.[67]

In 2015, LD 652 is a constitutional carry bill under consideration by the Maine legislature. It has 17 co-sponsors in the Senate and 79 co-sponsors in the House.[68]

Currently, Maine issues concealed handgun permits on a shall-issue basis. Open carry without a permit is legal in Maine.[69]

Mississippi

Two bills have been introduced in Mississippi in 2015 that would established constitutional carry if passed. One bill, HB1272, was entirely replaced by a substitute bill in the House Judiciary Committee. It later passed the House and died in the Senate Judiciary Committee.[70][71][72] The other bill, SB2618, was introduced in the Senate and passed 42-8. It is currently in the House.[73]

Mississippi currently issues permits to carry weapons on a shall-issue basis. Open carry is legal without a permit.[74][75]

Nevada

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.[76]

North Carolina

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.[77] 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

A bill to establish constitutional carry was introduced for the 2011-2012 legislative session, but did not receive a vote in either house.[78] At least one previous constitutional carry bill was proposed in Ohio as far back as 1995.[79]

Currently, Ohio issues concealed handgun licenses on a shall-issue basis.[80] Ohio does not require a permit to openly carry a firearm, although a permit is required to carry in a vehicle.

Oregon

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."[81] 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

HB 2176 was introduced in Pennsylvania in March 2012 to allow constitutional carry, introduced by Representative Rick Saccone.[82] On 27 January 2015, HB 230 was referred to the Committee on Judiciary in the Pennsylvania House of Representatives. HB 230 explicitly states that a license to carry a firearm openly or concealed, and loaded or unloaded, shall not be required by persons in the Commonwealth of Pennsylvania.[83]

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.[citation needed]

South Carolina

In 2013, a bill was introduced in South Carolina legislature to establish constitutional carry. The bill did not advance beyond a subcommittee.[84]

A new bill identical to the 2013 bill was introduced in 2015 to establish constitutional carry. As of now, the bill has been referred to the Committee on Judiciary.[85]

Currently, South Carolina issues concealed weapons permits on a shall-issue basis.[86] Open carry is prohibited.[87]

South Dakota

Legislation was introduced in South Dakota in 2012 that would remove the penalty for carrying a concealed handgun without a permit. The Bill was HF 1015.[88] Another law was proposed in 2015 and was defeated by the Senate Judiciary Committee in a 5-1 vote against. That proposal had passed the House.[89]

Currently, carrying a concealed pistol requires a permit in South Dakota. Open carry is legal without a permit.[90]

Tennessee

In 2011, legislation was introduced in Tennessee early in 2011 to allow constitutional carry. The bill did not advance in either house beyond the Judiciary Subcommittee.[91][92]

For the 2015 legislative session, State Representative Rick Womick has introduced constitutional carry legislation in the Tennessee House, for which a companion bill has been introduced by Mae Beavers in the Tennessee Senate.[93][94]

Currently Tennessee issues Handgun Carry Permits on a shall-issue basis. Concealed or open carry is only legal with a permit.[95]

Texas

In 2015, several bills in Texas were introduced that would alter the law regarding the carrying of a handgun. One of these bills, HB195, would remove the requirement to obtain a license in order to carry a handgun, and would also remove the prohibition on the open carry of a handgun.[96][97]

Currently, Texas issues licenses to carry a concealed handgun on a shall-issue basis. Open carry of a handgun is prohibited, although open carry of a long gun is legal without a license.[98]

Utah

On 21 January 2013, Representative John Mathis reintroduced legislation to establish constitutional carry.[99] Although the bill was passed by the legislature, it was vetoed by Governor Gary Herbert.[100]

In 2015, two bills have been introduced to establish constitutional carry. Representative Curtis Oda introduced a bill in the House, but later agreed to withdraw the bill as part of a "deal" with governor Herbert.[101][102] Meanwhile, Senator David Hinkins introduced a bill in the Senate, despite the governor's veto threat. That bill has passed the Senate 21-6 and has been sent to the House.[103][104]

Currently, Utah issues concealed carry weapons permits on a shall-issue basis. Open carry of an unloaded weapon is not prohibited, but one must have a permit in order to open carry a loaded weapon. Utah defines a weapon as loaded "when there is an unexpended cartridge, shell, or projectile" that is either "in the firing position" or "in a position whereby the manual operation of any mechanism once would cause the unexpended cartridge, shell, or projectile to be fired."[105][106][107]

Virginia

Legislation was introduced in Virginia, HB 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.[108] 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[109]

West Virginia

A bill with four sponsors was introduced in the West Virginia House in early 2011. It was described as a "comprehensive revision of West Virginia's gun laws" and proposed to add or alter nearly 100 sections of West Virginia code. Included in the bill was a change that proposed to "limit the requirement of a license to carry to enumerated locations," establishing constitutional carry. The bill died in the House Judiciary Committee.[110][111]

In January 2015, a constitutional carry bill with 10 sponsors (7 Republican, 3 Democrat) was introduced in the West Virginia Senate. The bill has been passed by both the Senate and the House, and is now awaiting action by the governor.[112][113]

Currently, West Virginia issues concealed carry weapons permits on a shall-issue basis. Open carry is legal without a permit.[110]

Wisconsin

In July 2011 Governor Scott Walker signed the nation's 49th Concealed Carry law.[114] 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.[115]

See also

References

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  91. ^ "SB 0397 * by Campfield". Tennessee General Assembly. Retrieved 3 March 2015.
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  93. ^ "HB 0535 by Womick". Tennessee General Assembly. Retrieved 3 March 2015.
  94. ^ "House Bill 535" (PDF). Tennessee General Assembly. Retrieved 3 March 2015.
  95. ^ Tenn. Code Ann. § 39-17-1351
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  97. ^ "Texas House Bill 195 - 2015-2016 - 84th Legislature". LegiScan. Retrieved 7 March 2015.
  98. ^ "Texas Concealed Handgun License Laws and Selected Statutes" (PDF). Texas Department of Public Safety. Retrieved 7 March 2015.
  99. ^ http://le.utah.gov/~2013/bills/static/HB0076.html
  100. ^ Furlong, Josh (22 March 2013). "Gov. Herbert vetoes constitutional carry bill". KSL TV and Newsradio. Retrieved 29 March 2013.
  101. ^ "H.B. 260 Concealed Firearm Permit Amendments". Utah State Legislature. Retrieved 3 March 2015.
  102. ^ AP (03 March 2015). "Herbert: I'd veto permit-less concealed carry bill again". KSL. Retrieved 10 March 2015. {{cite news}}: Check date values in: |date= (help)
  103. ^ "Utah Senate Bill 256 - 2015 Regular Session". Legiscan. Retrieved 10 March 2015.
  104. ^ Davidson, Lee (9 March 2015). "Carrying concealed gun without a permit advances in Utah Senate". The Salt Lake Tribune. Retrieved 10 March 2015.
  105. ^ Gehrke, Robert. "'Constitutional Carry' law stalls in committee". Salt Lake Tribune. Retrieved 26 February 2011.
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  114. ^ "Walker signs Concealed Carry law, local community reacts".
  115. ^ "2011 Senate BILL 93".
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