Richard Mack opposing Rep. Lamar Smith in primary

The right to keep and bear arms...

Constitutional Carry is a term used to describe a situation within a jurisdiction in which the carrying of concealed firearms is generally not restricted by the law. Alternatively, the term is used to describe the specific legislation that would provide for such a situation. 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. There are currently four U.S. states that have adopted Constitutional Carry and eleven U.S. states that have pending legislation to adopt it. The scope and applicability of such laws or proposed legislation can vary from state to state.

Vermont
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".

Alaska
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.
Alaska law allows police officers to disarm citizens if the officer "feels" it's necessary for safety. However it has become a widespread practice for the police to temporarily confiscate firearms and run the numbers through a local and national database even though the law does not provide for such an invasion of privacy.

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

Wyoming
On March 2, 2011 Wyoming Governor Matt Mead signed legislation to allow Constitutional Carry. 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.

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.

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

U.S. States considering Constitutional Carry


Kentucky introduced legislation to allow Constitutional Carry in early 2011. Representative Mike Harmon introduced that bill in 2011. That bill failed to get out of committee. In early 2012 Rep. Harmon introduced a similar, but more comprehensive bill with several cosponsors. That bill has yet to be voted on.


Colorado introduced legislation 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.[6] The Colorado Legislature begins it's 2012 session on January 11th.

Iowa introduced both a bill and a constititional amendment 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.


Georgia introduced legislation[9] 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.

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.

New Hampshire has two competing bills introduced in 2011 which would both implement Constitutional Carry. On March 15, 2011 HB330 passed out of the House.

On January 5th 2012 the New Hampshire house moved forward with an amended version of HF 536 as well. Constitutional Carry is now before the State Senate, Governor John Lynch has expressed his opposition to the bill.
New Hampshire currently issues concealed carry weapons permits on a shall-issue basis and open carry is legal without a permit.

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


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.


South Dakota introduced a bill in 2012 that would remove the penalty for carrying a concealed handgun without a permit. The Bill is HF 1015.

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.


Virginia introduced 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. In 2011 HB 2069 was left in the Militia, Police, and Public Safety subcommittee.

U.S. States with legislation that did not become law

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. Montana HB 271 was vetoed by Governor Brian Schweitzer on May 10, 2011 and was unable to gather the necessary 2/3 majority to overturn the veto.[25] Montana is currently a shall-issue state for concealed weapon permits and open carry is legal without a permit.


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.


Kentucky representative Mike Harmon KY Politician introduced a bill to allow Constitutional Carry early in 2011 and reintroduced a similar bill in 2012. Kentucky currently issues concealed carry weapons permits on a shall-issue basis and open carry is legal without a permit.

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.


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."[30] 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.


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.

Wisconsin
In July of 2011 Governor Scott Walker signed the nation's 49th Concealed Carry law. The bill, SB-93 originally did not require permits.