Guide to Open and Concealed Carry Laws Across the Nation
These are uncertain times, and Americans are buying guns like hotcakes. The top guns for protection, like Glocks, are flying off the shelves. A lot of first-time gun buyers are leaping into the 2nd Amendment community without a lot of foreknowledge. If you're getting a gun for protection, one of the most important things to learn about is your state's law on carrying a firearm. I want to say, 'Don't worry, you don't need a law degree to figure this out,' but the more I look into carry laws, the less sure I am about that. So bear with me while we try to break this down. We are the experts, after all.
The first thing to understand is the difference between:
- Open carry
- Concealed carry
- Brandishing
As should be obvious, open carry means everyone can see your gun, and concealed carry means they can't, assuming you're doing it right. Brandishing means different things in different states, from holding it in your hand in public to revealing it to others. Brandishing can be a crime in many places.
The Legal Labyrinth
While Federal law covers your right to have a gun, it has very little to say about open or concealed carry. The exception is the 1990 federal Gun-Free School Zones Act, which prevents you from carrying within 1,000 feet of a school.
It may seem strange, but concealed carry & open carry is legal in most of states. In some states, the application procedure for a concealed carry permit is so demanding that carry might as well be illegal. However, such regulations are actually gradually going extinct as they get struck down by the courts as unconstitutional.
The maze of state-level regs is where things start to get tricky. For example, if you're in a state that allows open carry, but only with a permit, and you have a concealed carry permit, you can open carry too. Some specific areas within a state, especially large cities, will have more restrictive laws than most areas. Going traveling with your gun? There are states that have agreements to recognize each other's concealed carry permits. Here's a guide on how that works.
Open Carry Laws By State
Here are the states that allow open carry with no permit:
Washington | Iowa | Ohio |
Idaho | Arkansas | Pennsylvania |
Nevada | Louisiana | Delaware |
Utah | Wisconsin | Vermont |
Arizona | Mississippi | New Hampshire |
Montana | Alabama | Maine |
Wyoming | Tennessee | Alaska |
New Mexico | North Carolina | |
Texas | Virginia | |
Oklahoma | West Virginia | |
Kansas | Kentucky | |
South Dakota | Indiana |
And here are the states that allow open carry with a permit:
North Dakota | South Carolina | Connecticut | Hawaii |
Minnesota | Maryland | Rhode Island | |
Georgia | New Jersey | Massachusetts |
Some states issue a permit to any resident who applies, and others impose a vetting process.
Here are the states that have Anomalous Open Carry:
Colorado | Missouri | |
Oregon | Nebraska | Michigan |
That leaves the states that ban all open carry:
California | Florida | New York City |
Illinois | New York | District of Columbia |
Concealed Carry Laws By State
Like open carry, with concealed carry, each state's law follows one of the levels of restrictiveness. These are:
Shall Issue to Residents Only: California, Colorado, Louisiana, Michigan, Nebraska, New Mexico, Guam
Shall Issue to Residents and Non-Residents: Hawaii, Illinois, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, North Carolina, Oregon, Pennsylvania, Rhode Island, South Carolina, Virginia, Washington, Wisconsin, Puerto Rico, District of Columbia
May Issue to Residents Only: Delaware, Virgin IslandsMay Issue to Residents and Non-Residents: Connecticut, New York
Constitutional Carry and Shall Issue to Residents Only: Alabama, Alaska, Georgia, Montana, Wyoming
Constitutional Carry and Shall Issue to Residents and Non-Residents: Arizona, Arkansas, Florida, Idaho, Indiana, Iowa, Kansas, Kentucky, Maine, Mississippi, Missouri, New Hampshire, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Utah, West Virginia
Constitutional Carry and Does Not Issue Permits: Vermont
Right Denied: American Samoa, N. Mariana Islands
Seems simple right? Keep in mind that according to the Federal Gun Control Act of 1968, felons, fugitives, illegal aliens, and persons of unsound mind cannot buy or possess firearms.
You may have the right to concealed carry in a given state, but that doesn't cover any federal buildings. There may also be restrictions on carry in specific locations like hospitals, stadiums, and (no surprise) airports.
Do your homework
This is an overview to give you a general idea. Gun laws change all the time, and the details of your local regulations might be a lot more complicated than what we indicated here. Be sure to do your homework. Give the local PD a call. If you need a permit for concealed or open carry, keep it with you when carrying!
If you're a new gun owner, remember, a firearm is little to no protection if you are not well-trained and practiced in using it. Hit the range regularly, stay safe, and welcome to the world of guns!
Last update 7/14/23
Martin Lukačko
31.8.2020