In the complex landscape of American firearms regulations, the laws governing how citizens can carry their firearms vary significantly from state to state. This diversity reflects the ongoing national conversation about the balance between Second Amendment rights and public safety concerns. For gun owners, understanding these distinctions isn’t just a matter of legal compliance—it’s essential knowledge that carries serious implications. This article breaks down the major categories of carry laws, examines their differences, and provides a comprehensive state-by-state reference.
The Spectrum of Carry Laws
Concealed Carry Laws
Concealed carry refers to the practice of carrying a firearm in public in a manner that conceals the weapon from common observation. Historically, most states have regulated this practice through permitting systems, but the specific requirements vary widely.
Shall-Issue States
In “shall-issue” jurisdictions, authorities must issue a concealed carry permit to any applicant who meets the basic statutory requirements. The key characteristic of shall-issue systems is that they remove discretionary power from issuing authorities.
Key features:
- Applicants who meet objective criteria must be granted permits
- Requirements typically include:
- Background checks
- Firearms safety training
- Application fees
- Residency requirements
- Minimum age requirements (usually 21)
- No subjective assessment of “need” or “good cause”
While shall-issue states maintain a permitting process, they represent a middle ground that acknowledges both the right to carry and the state’s interest in ensuring minimum standards.
May-Issue States
“May-issue” states grant authorities significant discretion in determining whether to issue concealed carry permits, even when applicants meet all statutory requirements.
Key features:
- Applicants must demonstrate “good cause” or “proper purpose” to carry
- Local authorities (often sheriffs or police chiefs) have substantial discretion
- Urban areas typically issue fewer permits than rural areas within the same state
- Requirements may include character references, extensive background investigations, and interviews
- Permits may be difficult or nearly impossible to obtain in some jurisdictions
May-issue systems have faced numerous legal challenges, particularly after the Supreme Court’s decisions in District of Columbia v. Heller (2008), McDonald v. City of Chicago (2010), and most recently, New York State Rifle & Pistol Association v. Bruen (2022), which significantly limited states’ ability to maintain restrictive may-issue systems.
Constitutional Carry
Also known as “permitless carry,” this approach allows legal gun owners to carry concealed firearms without obtaining permits. The term “constitutional carry” reflects proponents’ view that the Second Amendment already provides the right to bear arms without government permission.
Key features:
- No permit required to carry concealed firearms for those legally able to possess guns
- Some states maintain optional permitting systems for reciprocity with other states
- Most constitutional carry states still prohibit carrying in certain locations
- Some states limit permitless carry to residents
- Age restrictions typically apply (usually 21, sometimes 18)
The movement toward constitutional carry has gained significant momentum in recent years, with over 20 states now adopting some form of permitless carry system. This represents a substantial shift from just a decade ago when Vermont stood nearly alone in allowing permitless concealed carry.
Open Carry Laws
Open carry refers to the practice of carrying firearms in plain view. State approaches to open carry also vary widely:
Permissive Open Carry:
- Allowed without a permit
- Few restrictions beyond those applying to gun possession generally
Licensed Open Carry:
- Requires the same permit as concealed carry
- Subject to similar restrictions as concealed carry
Limited Open Carry:
- Allowed only in specific places or circumstances
- May be restricted to unincorporated areas or while engaged in specific activities
Non-Permissive/Prohibited Open Carry:
- Generally prohibited in most public places
- May allow very limited exceptions
Key Distinctions and Practical Implications
Permit Requirements and Process
The most obvious distinction between carry law systems is whether a permit is required. But even among permitting states, requirements vary dramatically:
- Training requirements: Range from none to 16+ hours of classroom and range instruction
- Fees: From under $50 to several hundred dollars
- Renewal periods: Typically between 2-5 years
- Background check depth: May include local, state, and federal checks
- Fingerprinting: Required in many but not all permitting states
Reciprocity
Reciprocity—the recognition of permits issued by other states—varies significantly:
- Some states recognize all other states’ permits
- Some recognize no out-of-state permits
- Many recognize permits from selected states with “similar standards”
- Constitutional carry states often maintain optional permitting systems specifically for reciprocity purposes
For travelers, reciprocity issues create complex compliance challenges that require careful planning before crossing state lines while armed.
Prohibited Locations
Even in constitutional carry states, certain locations typically prohibit firearms:
- Government buildings and courthouses
- Schools and universities (with variations)
- Establishments serving alcohol (in many states)
- Private businesses that post appropriate notices
- Federal property (governed by federal rather than state law)
The specific prohibited locations vary significantly by state, creating another layer of complexity for gun owners.
Duty to Inform
States also differ on whether armed individuals must proactively inform law enforcement of their armed status during official interactions:
- Duty to inform when asked: Only if directly questioned by an officer
- Duty to inform without being asked: Must voluntarily disclose when officially interacting with law enforcement
- No duty to inform: No legal obligation to disclose
Preemption Laws
Many states have “preemption” laws that prevent local governments from enacting stricter carry regulations than state law. However, the strength of these preemption provisions varies:
- Strong preemption: Local governments cannot regulate firearms carrying at all
- Limited preemption: Local governments can regulate in certain narrow areas
- No preemption: Local governments can create their own, potentially more restrictive regulations
The Impact of Recent Supreme Court Decisions
The legal landscape for carry laws continues to evolve, particularly in light of recent Supreme Court decisions:
New York State Rifle & Pistol Association v. Bruen (2022)
This landmark case invalidated New York’s “proper cause” requirement for obtaining concealed carry permits. The Court held that the Second Amendment protects the right to carry firearms outside the home for self-defense, and that subjective “may-issue” permitting systems that require applicants to demonstrate special need for self-protection are unconstitutional.
The Bruen decision established a new test for evaluating firearms regulations: rather than applying tiers of scrutiny, courts must determine whether modern firearms regulations are consistent with the nation’s historical tradition of firearms regulation. This has triggered legal challenges to many existing carry restrictions, with ongoing litigation likely to reshape the legal landscape further.
Post-Bruen Developments
In response to Bruen, formerly may-issue states have adopted various approaches:
- Converting to shall-issue systems while adding new “sensitive place” restrictions
- Creating extensive new qualification requirements
- Expanding prohibited locations where firearms cannot be carried
- Implementing character reference requirements and social media reviews
Many of these new restrictions face their own legal challenges, leaving the ultimate regulatory framework uncertain in previously restrictive states.
The Statistics and Studies Debate
The debate over different carry regimes often centers on safety implications, with proponents and critics citing various studies:
Arguments from carry rights advocates:
- Legally armed citizens rarely commit crimes
- Concealed carry permit holders have lower crime rates than the general population
- More permissive carry laws may deter crime
Arguments from carry regulation advocates:
- More guns in public spaces may increase risks of accidents and escalated conflicts
- Training requirements ensure minimum competency
- Permitting systems provide important screening functions
Research in this area remains contentious, with methodological challenges making definitive conclusions difficult. Studies often struggle with causation versus correlation issues and the influence of confounding variables.
State-by-State Carry Law Classifications
The following table provides a snapshot of each state’s current carry law status. Note that laws change frequently, and this information should be verified against current state statutes before making any carrying decisions.
| State | Primary Carry Classification | Permit System | Open Carry Status | Notes |
| Alabama | Constitutional Carry | Optional | Permissive | Adopted permitless carry in 2023 |
| Alaska | Constitutional Carry | Optional | Permissive | Maintains permits for reciprocity |
| Arizona | Constitutional Carry | Optional | Permissive | First state to switch from shall-issue to constitutional carry (2010) |
| Arkansas | Constitutional Carry | Optional | Permissive | Legal interpretation debated until clarified by 2021 law |
| California | May-Issue (changing post-Bruen) | Required | Generally Prohibited | Undergoing regulatory changes after Bruen |
| Colorado | Shall-Issue | Required | Permissive | Preemption with some exceptions |
| Connecticut | Shall-Issue (post-Bruen) | Required | Limited | Previously may-issue |
| Delaware | Shall-Issue (post-Bruen) | Required | Limited | Previously may-issue |
| Florida | Shall-Issue | Required | Prohibited | Added constitutional carry in 2023 |
| Georgia | Constitutional Carry | Optional | Permissive | Adopted permitless carry in 2022 |
| Hawaii | May-Issue (changing post-Bruen) | Required | Prohibited | Historically very restrictive |
| Idaho | Constitutional Carry | Optional | Permissive | Non-residents may need permits |
| Illinois | Shall-Issue | Required | Prohibited | Last state to adopt concealed carry (2013) |
| Indiana | Constitutional Carry | Optional | Permissive | Adopted permitless carry in 2022 |
| Iowa | Constitutional Carry | Optional | Permissive | Adopted permitless carry in 2021 |
| Kansas | Constitutional Carry | Optional | Permissive | Adopted permitless carry in 2015 |
| Kentucky | Constitutional Carry | Optional | Permissive | Adopted permitless carry in 2019 |
| Louisiana | Shall-Issue | Required | Permissive | Added constitutional carry in 2023 |
| Maine | Constitutional Carry | Optional | Permissive | Adopted permitless carry in 2015 |
| Maryland | Shall-Issue (post-Bruen) | Required | Prohibited | Previously may-issue |
| Massachusetts | Shall-Issue (post-Bruen) | Required | Prohibited | Previously may-issue |
| Michigan | Shall-Issue | Required | Permissive | Strong preemption |
| Minnesota | Shall-Issue | Required | Permissive | Must display permit if carrying openly |
| Mississippi | Constitutional Carry | Optional | Permissive | Adopted permitless carry in 2016 |
| Missouri | Constitutional Carry | Optional | Permissive | Adopted permitless carry in 2017 |
| Montana | Constitutional Carry | Optional | Permissive | Permitless carry for residents only |
| Nebraska | Shall-Issue | Required | Limited | Preemption with some exceptions |
| Nevada | Shall-Issue | Required | Permissive | Strong preemption |
| New Hampshire | Constitutional Carry | Optional | Permissive | Adopted permitless carry in 2017 |
| New Jersey | Shall-Issue (post-Bruen) | Required | Prohibited | Previously may-issue, very restrictive |
| New Mexico | Shall-Issue | Required | Limited | Open carry without permit, limited locations |
| New York | Shall-Issue (post-Bruen) | Required | Prohibited | Previously may-issue, implementing new restrictions |
| North Carolina | Shall-Issue | Required | Limited | Open carry generally legal |
| North Dakota | Constitutional Carry | Optional | Permissive | Permitless carry for residents only |
| Ohio | Constitutional Carry | Optional | Permissive | Adopted permitless carry in 2022 |
| Oklahoma | Constitutional Carry | Optional | Permissive | Adopted permitless carry in 2019 |
| Oregon | Shall-Issue | Required | Permissive | Local restrictions in some areas |
| Pennsylvania | Shall-Issue | Required | Permissive | Open carry without permit except in Philadelphia |
| Rhode Island | Shall-Issue (post-Bruen) | Required | Limited | Previously may-issue |
| South Carolina | Shall-Issue | Required | Limited | Open carry of handguns with permit |
| South Dakota | Constitutional Carry | Optional | Permissive | Adopted permitless carry in 2019 |
| Tennessee | Constitutional Carry | Optional | Permissive | Adopted permitless carry in 2021 |
| Texas | Constitutional Carry | Optional | Permissive | Adopted permitless carry in 2021 |
| Utah | Constitutional Carry | Optional | Permissive | Adopted permitless carry in 2021 |
| Vermont | Constitutional Carry | No system | Permissive | Never regulated concealed carry |
| Virginia | Shall-Issue | Required | Permissive | Strong preemption |
| Washington | Shall-Issue | Required | Permissive | No duty to inform |
| West Virginia | Constitutional Carry | Optional | Permissive | Adopted permitless carry in 2016 |
| Wisconsin | Shall-Issue | Required | Limited | Open carry generally legal |
| Wyoming | Constitutional Carry | Optional | Permissive | Permitless carry for residents only |
| District of Columbia | Shall-Issue (post-Bruen) | Required | Prohibited | Previously may-issue, very restrictive |
Conclusion
The patchwork of carry laws across the United States presents significant challenges for gun owners, particularly those who travel between states. While the trend has moved decidedly toward less restrictive systems—with constitutional carry now dominant in many states—significant regional differences remain.
The post-Bruen legal landscape continues to evolve, with formerly restrictive states reluctantly adapting to the Supreme Court’s recognition of carrying rights while testing the boundaries of allowable regulation through new restrictions. This evolution ensures that the legal framework governing how Americans carry firearms will remain dynamic for years to come.
For gun owners, the complexity of these varying regulations underscores the importance of staying informed about current laws, particularly when traveling across state lines. The consequences of misunderstanding these distinctions can be severe, potentially resulting in criminal charges even for those attempting to comply with the law.
As with many aspects of firearms law, the debate over carry regulations reflects broader American tensions between individual rights and collective security, federal standards and state autonomy, and urban and rural perspectives on guns. Whatever one’s position on these issues, understanding the current legal landscape is essential for informed participation in this important ongoing national conversation.
References and Further Reading
- U.S. Supreme Court. (2022). New York State Rifle & Pistol Association v. Bruen, 597 U.S. ___ (2022).
- U.S. Supreme Court. (2008). District of Columbia v. Heller, 554 U.S. 570 (2008).
- U.S. Supreme Court. (2010). McDonald v. City of Chicago, 561 U.S. 742 (2010).
- Giffords Law Center to Prevent Gun Violence. (2023). “Concealed Carry Laws by State.”
- National Rifle Association Institute for Legislative Action. (2023). “Gun Laws by State.”
- U.S. Concealed Carry Association. (2023). “Concealed Carry Reciprocity Map & Gun Laws by State.”
- Congressional Research Service. (2022). “Federal Firearms Laws: Overview and Selected Legal Issues.”
- Kopel, D. B. (2023). “The History of Firearm Carry Regulation.” Harvard Journal of Law & Public Policy.
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