We can already feel the hackles going up on the backs of many of our readers as they read that headline with the resounding “Oh, hell no!” sounding off louder than last night’s cheers of “Happy New Year!” But here’s some food for thought, bear with us…
In the United States, the term “constitutional carry” (also known as permitless carry, unrestricted carry or Vermont carry) refers to the legal public carrying of a firearm, either openly or concealed, without a license or permit. Virginia has yet to jump on the bandwagon, but there are currently 27 states that have some form of permitless carry, both for residents and often nonresidents visiting there. Those states are Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Maine, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Utah, Vermont, West Virginia and Wyoming.
So, the short answer to the question, “Do I need a permit for constitutional carry?” is, “No.”
There are still advantages, however, to having a concealed carry license, whether living or traveling in these states. In some states, even with permitless carry, having a carry permit can provide certain benefits such as allowing you to forego a background check conducted each time you buy a firearm and if traveling, it often allows you to carry concealed in states that offer reciprocity with (your state) and that may not be permitless carry states.
“One of the most significant advantages is that you do not need to have a background check conducted each time you buy a weapon in a number of permitless states if you possess a CCW permit (or CHP) from that state,” says Craig Rosenstein, a U.S. LawShield Independent Program Attorney for Arizona. “Additionally, it’s also nice to have if you travel so that you may carry concealed in states that offer reciprocity with (your state) and that may not be permitless carry states.” Additional benefits include being able to drop your children off at school while in possession of your firearm as long as you do not get out of the car and being able to eat in establishments that serve alcohol while carrying as long as you are not personally consuming alcohol (double check the specific laws for your state, this is the case in Arizona and a number of other states).
Attorney Gilbert Ambler, who practices law in Virginia and Pennsylvania says a permit can be a benefit in several scenarios:
- A permit allows you to carry concealed, a big and obvious benefit in states that would only allow open carry under their permitless carry laws.
- If Virginia, if you have a permit, it allows you an exception to the one handgun every 30-day purchase law, so you are not restricted in buying multiple handguns in less than a month.
- Having a carry permit can also provide you with a defense to a federal Gun-Free School Zones Act violation, since you are allowed to travel through a school zone with a firearm on your person or drop your child off at school wearing your firearm as long as it remains concealed and you do not get out of your vehicle.
- Another benefit, at least in Virginia, Ambler notes is that in many localities, you can’t carry certain types of weapons such as a centerfire handgun capable of holding more than 20 rounds without a permit or carry a handgun equipped from the manufacturer with the ability to accommodate a suppressor. But with a permit you can.
Remember, laws, of course, vary by state and even locale. Always consult with an attorney who specializes in firearms law in your state on specific questions about local gun and self-defense laws.
Or, continue being the utter rogue badass you are, and play the laws as you see fit (you are certainly within your rights to “permit or not to permit” when it comes to constitutional carry). Regardless of the way you prefer to roll, we’ve seen enough well-intentioned gun owners get jammed up on a legal point so it’s always a good idea to have the number of an experienced gun law attorney on hand should a situation go south in a hurry.
—Ace Luciano & Doug Howlett
(Editor’s Note: The useful information in this article was provided by Ace, Doug merely provided the curse words and innuendo.)
Buzz Hayes Photo
ME LTC , I DON’T WANT TO ADVERTISE I’M CARRING ..
HAPPY HOLIDAYS AND NEW YEAR 2024
STAY WELL AND SAFE , ONE SHOULD ADD ALERT BEST YA CAN
Well, here in CA, as of today our permits don’t really mean so much anymore, no thanks to Gov Grinch Newsom.
So much for relying on the court system to determine what Constitutional Rights, you can exercise.
LOL let me know when your viewpoint is more relevant than my screen name. Or are you actually doing something now to back it up? Yeesh I finally get you to say something that had any depth and you devolved right back.
Haz,
Which is pretty much the game plan for the most rabid anti-gun states (CA, CO, NY, IL, NJ, MA, HI and a few more). They HATE Bruen from the depths of their . . . dayum, I almost said they had souls, which is clearly untrue. Anyway, they hate Bruen, and are determined to thumb their collective noses at it, and SCOTUS. They know the ‘system’ works in their favor. They will continue passing dumb@$$ legislation, that is clearly contrary to Bruen, and make their poor subjects expend money they don’t have to try to ameliorate the damage . . . and when they get slapped down, they’ll just go back and pass ANOTHER stupid, unconstitutional law and wait to get slapped down, again.
Lather, rinse, repeat. One thing I do give the Leftist/fascists credit for is that they NEVER give up. Would that they would pursue some end that was actually beneficial to the rest of humanity, but that’s obviously asking too much.
I believe the law preventing me from buying a weapon in a non contiguous state from my own state, is a federal law. I think that law is for long guns only. Is this still the case? Can I legally buy a weapon in another state as long as I have CCW permit?
Not handguns, but fear not, people are crafting lawsuits to challenge that bullshit…
Here anyway, anyone can buy knives.
If your not legally allowed to own a particular firearm in one state but can in another, I see no reason you can’t own that specific gun. Just make sure to keep it in the state you bought it. Even if you have a license, the state you are coming from has a law against it. Atleast as far as your framing of the question.
“In some states, even with permitless carry, having a carry permit can provide certain benefits such as allowing you to forego a background check conducted each time you buy a firearm…”
The way it is in Florida, and since I have a habit of visiting pawn shops as I travel about the state, makes it very handy if I see a gat that strikes my fancy…
You only get to bypass the BGC in States without legalized recreational cannabis.
Not so.
Arizona has legalized pot, and you can still bypass the BC with a concealed carry license.
Although Louisiana is a long time open carry state with a new Republican Gov. along with State Rep Danny McCormick whom I met it appears Louisiana will soon be joining the growing list of Concealed Carry States. In the meantime law abiding citizens in La who refuse to pay for a right stolen and refuse to jump in the defenseless victim pool will continue to sneak around just to have means on hand to defend themselves.
TRUMP 2024.
Also in Louisiana a person with a CHP/CCW does not have to undergo a BGC when making a purchase.
Honorable discharged veterans do not have to have a Concealed Handgun Permit to carry concealed.
A qualified vet must be a Louisiana resident. Also active duty military assigned to a base in Louisiana do not need a permit to carry concealed. Any person without a permit must undergo a BGC including vets and active military.
Another advantage to having a permit is that it adds a level of credibility should you have to use your weapon in any defensive situation. As for me I am a vet and 81 and I keep my permit current. Even though I don’t drive, but if I should be out of state the permit allows me to carry legally in states that recognize my CHP. Vets and senior citizens in Louisiana only pay 1/2 of the state fee every 5 years which presently is $62.50 and the refresher training is $75 to $150. I agree we should not have to pay a dime but until legislation changes things it is the safe thing to do this day and time. State Representative Fontenot introduced HB 234 in 2023 that would have reduced the state fee to a one time $25 for a life time license and those applying would apply at their local sheriff’s office and there would be no mandatory training. Needless to say the bill died without even a house vote.
The coming legislative session in Louisiana should be very interesting considering both houses now have a republican majority even after excluding a few RHINOs and the House will have new speaker.
Makes one wonder if the concealed carry permit scheme originated along the lines of Jim Crow group think intended to keep firearms under the sheets of a particular group and to restrain another group…
https://youtube.com/watch?v=Tg4OiobxUxA&feature=shared
“Also active duty military assigned to a base in Louisiana do not need a permit to carry concealed. They just can’t carry on base.
In Texas, i open carry sometimes and conceal carry sometimes. I have never had anyone ask me if i have a state permit in stores that still require them. There is a case in another state that had a judge’s opinion that any buisiness that is privately owned but open to the public cannot deny a citizens right to bear arms. hope the correct groups have read this opinion and will use it as a president.
anythings better than this president.
Otherwise law-abiding folks in my state carry, even though the state does not have Constitutional carry. They just do it anyway.
Thanks for this post. I did some digging & see I can indeed carry a gat(legally) in Indiana. Constitutional carry. I wouldn’t open carry in Lake county unless I wanted unwanted attention. They had quite the kerfuffle’s in Hammond with whiny mom’s & Karen types a few years ago. Put up “no guns allowed” signs at the local cable office😀🙄(since closed).
illannoy ccw is good in every state that shares a border here. some others too, but no other state permits work here.
Some states with CC don’t allow non citizens to carry unless they come from a state that is also CC.
Mississippi, e.g., has CC but if you visit there and your state does not have CC then you are not allowed to carry unless you have a permit from your state and your state has reciprocity with Mississippi.
While not necessary here in Al I do keep my permit because I do travel across state lines from time to time and want to carry. Most places I travel too do recognize the Al permit as valid ( reciprocate) it just makes things a little less of a hassle.
Wish the idiots in charge would understand permits don’t prevent the very people that shouldn’t be armed from acquiring whatever they want as weapons. Nor do any other restrictions prevent anyone with evil or criminal intent from committing whatever acts/crimes they want to.
The entire “blood in the streets” and “wild-west shootouts” fearmongering that the gun control lobby trots out any time a state relaxes its carry laws is based on the premise that there’s a significant population of gun ownees who are so irresponsible as to cause a threat, but also so law-abiding that the current law stops them from carrying.
Oldman, I’m also in Alabama and I also get a permit. One reason is the reciprocity benefit and the other is that permit fees go toward purchasing equipment for the County Sheriff’s Department. I would assume that’s applicable to all of our counties statewide.
they tend to take the view that ALL gun owners are a threat….or a potential threat
Va – one per month reg is interesting BS. I recently learned the ATF thugs have a reporting form/reg that purchase more than two handguns same time the FFL has to report it to the thuggery and to local popo. MORE prog BS (likely this has been a reg for many years but I was not aware of it).
The big one is the Federal Gun-Free School Zones Act. Also if you end up in court after a defensive use of force the fact that you have a carry permit plays very well before a jury. It may make a difference to a District Attorney, grand jury, or prosecutor helping you stay out pur of that courtroom in the first place -assuming you did not make bad decisions or find yourself in a blue city.
Meanwhile California is going the opposite direction. The only places to legally carry, if you have successfully defeated the concealed carry gauntlet, are your own property, private property with permission, or driving around in you car. There is a fishy ambiguity of crossing next to or through school zones that is probably an intended trap. State and national forests are legal without a carry license, unless specifically excepted. One firearm of any kind per month, mini back ground check for in person ammunition purchases, and a new regulation from the AG that has probably disenfranchised most of the trainers, which will make it more difficult and more expensive to get the required 16 hours of training for first time applicants and 8 for renewals. Licenses are only good for 2 years, and then you have to run the gauntlet again. And no reciprocity for out of staters (and I am pretty sure the other states return the favor).
They are really giving H&K a run for its money.
I just came here to say kudos for the most excellent stock photo of a concealed carrier. Keep ’em coming!
Agree. A pair of 38s is always nice to see.
38 Specials!
Good argument for open carry.
We’ve got it here in Kansas.
The right to bare breast shall not be Infringed.
Obviously not a Minnesoter gal.
The other big “un-written” benefit is that a CCW permit means you are basically a “Good Guy”, as you have passed a background check to obtain your permit. Many states have laws that require you to declare to law enforcement that you are armed when stopped for a traffic violation, etc. Having a permit can provide de-escalation if you are smart.
A couple of notes on Pennsylvania. The laws relating to carry define the term “firearms” as handguns.
Unlicensed carry is only on foot and only open.
PA residents must have a PA License to Carry firearms (LTCF) in order to carry concealed, carry in a vehicle, carry in Philadelphia, carry during a declared state of emergency, or be loaned a firearm.
For non PA residents PA recognizes all other states licenses/permits for vehicle carry only but not for the other purposes. For concealed carry, carry in Philadelphia, carry during a declared state of emergency, you must have a license/permit from your state of residence and it has to have a reciprocity agreement with PA.
PA does issue non resident licenses but not all Sheriffs will so you will have to check with each one to see.
Unlicensed vehicle transport within PA has to be directly (no stops) to and from a few specific places (range, gun shop/smith, 2nd home, place of business) and the gun must be unloaded in remotest part of vehicle.
You cannot transport a firearm in a vehicle for the purpose of unlicensed on foot open carry at your destination. If you get into a vehicle with a loaded handgun in reach then you must have an appropriate license/permit.
There are no restrictions on magazine capacity, ammunition types, or assault weapons. There are no restrictions on bars, places that serve or sell alcohol, or drinking while carrying.
There are no restrictions on churches or public gatherings. Signs do not have force of law, but if asked to leave or take your gun to your car and you refuse you can be charged with defiant trespass. A conviction will make you a prohibited person.
NFA items (FA SBR, SBS, AOW, DD, suppressors) must comply with the NFA, except that no explosives are allowed so grenades are illegal even with NFA compliance.
You are not required to declare your firearm to law enforcement during an interaction.
Long guns cannot be loaded in a vehicle but can be in reach. Long guns may be carried without an LTCF anywhere except Philadelphia (You may get some attention).
If you are just passing through with no license/permit and not visiting then follow the FOPA and you will be fine.
I regularly cross state lines. So yes I got a CCW. It’s honored wherever I go.
Not arguing either way on the need for permits.
One of the benefits of permitting is that the individuals receive training on the laws of that state. In the early 2000s, I took the recently offered training to be permitted in Tennessee and the training on state laws was awful. Moving forward, I took the training offered in MS in 2015 and the instruction was much improved. My assumption is that states developed better training programs as time permitted (pun intended).
In 3. above, “you are allowed to travel through a school zone with a firearm on your person or drop your child off at school wearing your firearm as long as it remains concealed and you do not get out of your vehicle.”
My understanding is that this is not part of Federal law which simply prohibits possession of a loaded firearm (must be unloaded & locked up in your vehicle) within 1,000 feet of any school (aside from private property). May be part of some states’ provisions, though I don’t see how they can override Federal law on this.
I’d love to be corrected.
There are a number of valid reasons to obtain a CCW, even if your state permits ‘constitutional carry’ (hate that phrase!). As others on this thread have pointed out, there are reciprocity issues, it is easier to deal with LEOs if your are otherwise detained while carrying, and a number of others that make having a CCW beneficial. I’ve been in both conditions, over my life (having a valid CCW, and carrying unpermitted).
Ultimately, the combination of (i) states intentionally making the process so difficult/expensive/time-consuming that the benefits are outweighed by the process, and (ii) the volume of personal information (that is LITERALLY none of the government’s damn business) you are required to disclose to obtain a CCW is absurd, and then, IF you are successful, you . . . get on a government list, identified as owning and carrying a gun.
Ultimately, I choose to pass. I already have a permit. It was issued in 1792, and has never been revoked. I didn’t have to disclose a damn thing to obtain it. While I would PREFER to have a CCW, and do things legally, I refuse to play their stupid, unconstitutional game. Yes, I am aware of the risks, and those were factored into the decision (“life in prison” is not the deterrent you think it is, for guys my age!). At the end of the day, it just ain’t worth it.
Another big plus for obtaining a CCW permit is that it demonstrates to a court or police that you have gone to the effort and expense over and above the law to carry a firearm legally. In the event that you ever get involved in a self-defense shooting, demonstrating to the court that you more than met all legal requirements (so far as it was a good shoot), goes a long way in helping you in a criminal or civil action. It demonstrates to the court that you were the ‘Legal Beagle’ all the way. You did everything that you were required to do by law — and more. This will really help in a civil case if the scumbag (or his estate) tries to sue you later for a bogus claim (loss of affection, six of his ‘baby-mamas’ wanting a lifetime salary, etc., etc.). Your insurance company will also appreciate it.
What’s car insurance got to do with a gunm?
The Right To Bear Arms Allowed With A Giverment Permission Slip.
Whenever I’m in a high speed chase with the cops hot on my tail I’m always sure to use my turn signals when making a turn.
having a permit makes a big difference if you are caught at an airport checkpoint with a gun in your bag….
Here in Florida you are allowed to concealed carry a firearm without a permit but you cannot carry a knife or billy club concealed.You can do all three with a permit.The law may be similar in other states with permitless carry.
In Oklahoma if you can legally carry you dont need a permit.
Most other states are constitutional carry for the residents only, you’ll need a permit from your state and the state your in has reciprocity with your state.
“…you do not need to have a background check conducted each time you buy a weapon in a number of permitless states if you possess a CCW permit (or CHP) from that state,” That is the truth, legally, in my state. However, the ATF has put so many scares in so many FFLs that they insist on dropping a dime to the feebs in order to cover their asses on spec. E.g., in case you might have disqualified yourself somehow from holding your permit (since getting it) without anybody knowing…yet.
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