In the United States, the term constitutional carry, also called permitless carry,[1] unrestricted carry,[2] or Vermont carry,[3] refers to the legal public carrying of a handgun, either openly or concealed, without a license or permit.[4][5][3] The phrase does not typically refer to the unrestricted carrying of a long gun, a knife, or other weapons. The scope and applicability of constitutional carry may vary by state.[6]
The phrase "constitutional carry" reflects the idea that the Second Amendment to the U.S. Constitution does not allow restrictions on gun rights, including the right to carry or bear arms.[7][8]
The U.S. Supreme Court had never extensively interpreted the Second Amendment until the landmark case District of Columbia v. Heller in 2008.[9] Prior to this, a tapestry of different and sometimes conflicting laws about carrying firearms developed across the nation.[10] In deciding the case, the Court found that self-defense was a "...central component of the 2nd Amendment" and D.C.'s handgun ban was invalidated. The Court further stated that some state or local gun controls are allowed. The Heller case was extended by the Supreme Court in the 2010 decision McDonald v. Chicago, which held that the 2nd and 14th Amendments to the U.S. Constitution were "fully incorporated" and thus the right to "...keep and bear arms applies to the states and not 'in a watered-down version' but 'fully applicable'...", and limits state and local governments in enacting laws that restrict this individual and fundamental right to "...keep and bear arms", for self-defense. In the 2022 decision New York State Rifle & Pistol Association, Inc. v. Bruen the Supreme Court went further, affirming a right to public carry of firearms and imposing a strict new standard of scrutiny on state-level firearms laws based on the text, history, and tradition of the second amendment.
- ^ "Kansas: Permitless Carry Bill to Receive Vote Tomorrow on Senate Floor". NRA-ILA. February 25, 2015. Retrieved February 27, 2015.
- ^ Schiller, Henry J.; Matos, Miguel A.; Zielinski, Martin D.; Bailey, Kent R.; Hernandez, Matthew C.; Hamill, Mark E. (January 1, 2019). "State Level Firearm Concealed-Carry Legislation and Rates of Homicide and Other Violent Crime". Journal of the American College of Surgeons. 228 (1): 1–8. doi:10.1016/j.jamcollsurg.2018.08.694. ISSN 1072-7515. PMID 30359832.
- ^ a b "Maine lawmaker submits 'Constitutional Carry' bill". Bangor Daily News. February 26, 2015. Retrieved February 27, 2015.
- ^ "Arizona to allow concealed weapons without permit". Fox News. Associated Press. April 16, 2010. Retrieved February 27, 2015.
- ^ Gehrke, Robert (February 24, 2011). "'Constitutional Carry' law stalls in committee". The Salt Lake Tribune. Archived from the original on February 27, 2015. Retrieved February 27, 2015.
- ^ NRA-ILA. "NRA Advisory Notice Concerning North Dakota Permitless Carry Law". Retrieved August 5, 2017.
- ^ Sullum, Jacob (March 30, 2022). "Handgun Carry Permits Transform a Right Into a Privilege". reason.com. Reason. Retrieved March 30, 2022.
- ^ Hoffman, Gabriella (March 30, 2022). "Constitutional carry isn't a fringe policy". www.washingtonexaminer.com. Washington Examiner. Retrieved April 8, 2022.
- ^ Louisiana Law Review (April 1, 2010). "District of Columbia v. Heller: The Second Amendment Shoots One Down".
- ^ Congressional Research Service (September 7, 2016). "Post-Heller Second Amendment Jurisprudence" (PDF).