Constitutional Carry is a term used to describe a situation within a jurisdiction in which the carrying of firearms is generally not restricted by the law. 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 either openly or concealed with or without an applicable state permit or license. The scope and applicability of such laws or proposed legislation can vary from state to state. There are currently four US states that have adopted constitutional carry and twelve US states that have pending legislation to adopt it.
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The first to practice constitutional carry was Vermont. Vermont has never had a restriction on the method of how one could carry a firearm and has stood entirely separate from the rest of the United States for quite some time; because of this, constitutional carry is referred to by some as "Vermont carry".
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.
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.
On March 2, 2011 Wyoming Governor Matt Mead signed legislation to allow constitutional carry.[2] [3] 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 have a valid concealed carry permit from a jurisdiction that is recognized by the State of Wyoming.
Colorado introduced legislation to allow constitutional carry in early 2011. The bill passed the House with a vote of 40-25 and is currently in the Senate. Currently Colorado issues CCWs on a shall-issue basis and open carry is legal without a permit.[4]
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.[5]
Iowa introduced both a bill[6] and a constititional amendment[7] 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 representative Mike Harmon KY Politician introduced a bill to allow constitutional carry early in 2011. Kentucky currently issues concealed carry weapons permits on a shall-issue basis and open carry is legal without a permit.[8]
Maine representative Dale Crafts introduced bill LD 685 in early 2011 to allow constitutional carry. Currently Maine issues concealed carry weapons permits on a shall-issue basis and open carry is legal without a permit.[9]
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 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.[15]
New Hampshire had two competing bills introduced in 2011 which would both legalize constitutional carry. On March 15, 2011 HB330 passed out of the House.[16] New Hampshire currently issues concealed carry weapons permits on a shall-issue basis and open carry is legal without a permit.[17]
South Carolina introduced a bill early in 2011 to allow constitutional carry. Currently South Carolina issues concealed carry weapons on a shall-issue basis and open carry is illegal.[18]
Tennessee introduced legislation early in 2011 to allow constitutional carry. Currently Tennessee issues concealed carry weapons permits on a shall-issue basis and open carry is only legal with a permit.[19]
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.[20]
Georgia introduced legislation to allow constitutional carry. Currently Georgia issues concealed carry weapons permits on a shall-issue basis and open carry is only legal with a permit.[21]
Montana's legislature passed a bill in 2011 which would recognize constitutional carry inside city limits (expanding the current "outside city limits" legal status). Governor Brian Schweitzer vetoed the bill.[22]
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."[23] 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.
Utah introduced legislation to allow constitutional carry at the beginning of 2011. The short legislation session of Utah came to an end without the bill becoming law. Currently 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.[24]
Virginia introduced legislation to allow constitutional carry at the beginning of 2011. The bill was left in the Militia, Police, and Public Safety subcommittee.[25]