In the United States, open carry refers to the practice of visibly carrying a firearm in public places, as distinguished from concealed carry, where firearms cannot be seen by the casual observer. To "carry" in this context indicates that the firearm is kept readily accessible on the person, within a holster or attached to a sling. Carrying a firearm directly in the hands, particularly in a firing position or combat stance, is known as "brandishing" and may constitute a serious crime, but is not the mode of "carrying" discussed in this article.
The practice of open carry, where gun owners openly carry firearms while they go about their daily business, has seen an increase in the United States in recent years,[1] [2] and is a hotly debated topic in gun politics. This has been marked by a number of organized events intended to increase the visibility of open carry and public awareness about the practice.[3] Proponents of open carry point to history and statistics, noting that criminals usually conceal their weapons, in contrast to the law-abiding citizens who display their weapons.[4] As of 2022, almost all US states allow for open carry either without a permit or with a permit/license.
The gun rights community has become supportive of the practice, while gun control groups are generally opposed.[5] [6] [7]
Today in the United States, the laws vary from state to state regarding open carry of firearms. The categories are defined as follows:
In the United States, the laws concerning open carry vary by state and sometimes by municipality. The following chart lists state policies for openly carrying a loaded handgun in public.
| Jurisdiction[8] | Handguns | Long guns | Notes |
|---|---|---|---|
| Alabama | Open carry without permit allowed. Local restrictions preempted. | ||
| Alaska | Open carry without permit allowed. | ||
| American Samoa | Open carry legal for holders of a valid License to Possess which are required to purchase and possess firearms;[9] though Licenses to Possess have been restricted to only shotguns and rimfire rifles since 1991, effectively banning handguns.[10] Licenses issued for handguns and other firearms prior to 1991 are grandfathered as long as they remain valid.[11] | ||
| Arizona | Open carry without permit allowed. State law does not preempt tribal laws on Native American reservations, except when traversing a reservation on a state-owned highway. Some tribes do not permit open carry, while some others may require a tribal permit for open carry. | ||
| Arkansas | The legal status of open carry without a license has been considered a gray area since 2013[12] until 2015, when an Attorney General opinion was issued stating open carry was indeed legal.[13] Despite this there were still questions over the law until 2017, when Governor Asa Hutchinson sent an order to the Arkansas State Police stating open carry was legal.[14] Before 2013, it was unlawful to open carry a handgun in Arkansas even with a concealed carry license. Open carry without a permit allowed, restrictions fully preempted.[15] | ||
| California | Open carry legal in rural counties with local ordinances allowing open carry.[16] Some of these counties issue a permit for open carry. Additionally, a person may also open carry if he or she "reasonably believes that any person or the property of any person is in immediate, grave danger and that the carrying of the weapon is necessary for the preservation of that person or property."[17] One can expect to be detained and questioned by law enforcement in most urban areas if using the latter rationale as the basis for openly carrying a firearm in public. | ||
| Colorado | Open carry without a license permitted statewide, except in the City and County of Denver where open carry is completely prohibited. | ||
| Connecticut | Effective October 1, 2023, the open carry of handguns and long guns is generally prohibited in Connecticut, except on property owned or lawfully controlled by the person carrying openly, at a designated shooting range, or while hunting. | ||
| Delaware | Open carry without permit allowed. Local restrictions preempted. | ||
| District of Columbia | Open carry prohibited. Open carry was briefly legal from July 27, 2015 to July 29, 2015 due to a court ruling. | ||
| Florida | Open carry of all firearms prohibited. | ||
| Georgia | Open carry without permit allowed. Local restrictions preempted. | ||
| Guam | Open Carry allowed with FOID.[18] | ||
| Hawaii | Open carry of handguns allowed with permit; permits issued on a may-issue basis but in practice are no-issue. Permits only valid in county of issuance. Local restrictions preempted. Open carry of long guns prohibited. | ||
| Idaho | Open carry without permit allowed. Local restrictions preempted. | ||
| Illinois | Open carry theoretically legal in unincorporated rural areas, where permitted by local ordinance. However, per Attorney General opinion open carry is prohibited. | ||
| Indiana | Open carry of handguns allowed without a permit; permits granted on a shall-issue basis. Local restrictions preempted. No permit required to carry long guns. < | -- Open carry without permit allowed. Local restrictions preempted. --> | |
| Iowa | Open carry without permit allowed. Local restrictions preempted. | ||
| Kansas | Open carry without permit allowed. Local restrictions preempted. | ||
| Kentucky | Open carry without permit allowed. Local restrictions preempted. | ||
| Louisiana | Open carry without permit allowed. Local restrictions preempted. | ||
| Maine | Open carry without permit allowed. Local restrictions preempted. | ||
| Maryland | Open carry of handguns allowed with permit; permits were issued on a may-issue basis but in practice were No-Issue. Now carry permits are issued on a shall-issue basis. Open carry of long guns allowed without permit. Local restrictions preempted. | ||
| Massachusetts | Open carry allowed with Massachusetts Unrestricted License to Carry; permits were issued by local authorities on a may-issue basis. Now carry permits are issued on a shall-issue basis. Local restrictions preempted.[19] | ||
| Michigan | Open carry allowed without permit. Permit required if carrying in vehicle; permits issued on a shall-issue basis. Local restrictions preempted. | ||
| Minnesota | Open carry allowed with a permit; permits issued on a shall-issue basis. Local restrictions preempted. | ||
| Mississippi | Open carry of handguns allowed without permit; permits issued on a shall-issue basis. No permit required to carry a long gun. Local restrictions preempted. | ||
| Missouri | Open carry without permit allowed. However, several cities and counties restrict open carry, at which point one must either 1. have a carry permit, thus exempting them from local restrictions on open carry or 2. carry concealed, which is allowed without a permit and localities are preempted. | ||
| Montana | Open carry without permit allowed. Local restrictions preempted. | ||
| Nebraska | Open carry allowed without permit. Local restrictions preempted. | ||
| Nevada | Open carry without permit allowed. Local restrictions preempted. Carrying loaded long guns in a vehicle prohibited.[20] | ||
| New Hampshire | Open carry without permit allowed. Local restrictions preempted. | ||
| New Jersey | Open carry is allowed only with a Permit to Carry a Handgun. Authorities must issue a permit if the applicant meets the minimum requirements.[21] Open carry of unloaded long guns is legal with a Firearm Purchaser Identification Card. | ||
| New Mexico | Open carry allowed without permit. State law does not preempt tribal laws on Native American reservations, except when traversing a reservation on a state-owned highway. Some tribes do not permit open carry, while some others may require a tribal permit for open carry. | ||
| New York | Open carry of pistols and loaded long guns prohibited. Open carry of unloaded long guns allowed without permit except in New York City. | ||
| North Carolina | Open carry allowed without permit. Local restrictions preempted. | ||
| North Dakota | Open carry without a permit is allowed while one is in possession of valid identification.[22] [23] Local restrictions preempted. | ||
| Northern Mariana Islands | Open carry and ownership of handguns prohibited by law but declared unconstitutional and not enforced so open carry of a loaded handgun allowed without permit.[24] | ||
| Ohio | Open carry without permit allowed.[25] Local restrictions preempted. | ||
| Oklahoma | Open carry allowed without permit. Open carry of a handgun in a vehicle without permit allowed. Residents of states that do not require permits for concealed carry may openly carry with a valid ID proving residence. Local restrictions preempted. | ||
| Oregon | Open carry without permit allowed. However, several cities and one county restrict open carry of loaded firearms. Restrictions on carrying unloaded firearms preempted. Persons with an Oregon Concealed Handgun License exempt from local restrictions. | ||
| Pennsylvania | Open carry without permit allowed. Permit required if carrying a loaded firearm in a vehicle.[26] Permit required if carrying in Philadelphia.[27] All other local restrictions preempted. | ||
| Puerto Rico | colspan="2" | ||
| Rhode Island | Open carry of handguns expressly allowed with a Rhode Island Attorney General's Office Pistol Permit; Issued on a may-issue basis. No permit required to carry long guns. Local restrictions preempted. | ||
| South Carolina | Open carry allowed without permit. Local restrictions preempted. | ||
| South Dakota | Open carry allowed without a permit. Local restrictions preempted. | ||
| Tennessee | Open carry of handguns allowed without a permit. Open carry of long guns prohibited, except while hunting. Local restrictions preempted. | ||
| Texas | Open carry of handguns allowed without a permit as long as it is in any kind of holster. Open carry of long guns allowed without a permit. Local restrictions preempted.[28] | ||
| U.S. Virgin Islands | Open carry is prohibited. | ||
| Utah | No permit is required for anyone 21+ years old who may legally possess a firearm.[29] Prior, a permit was required to open carry a chambered firearm. Open carry of an unchambered handgun allowed without permit. No permit required in a vehicle for loaded handguns or unloaded long guns. Loaded long guns in vehicles are prohibited. No permit required to open carry unchambered long guns.[30] | ||
| Vermont | Requiring any type of gun permit to carry is prohibited by state constitution.[31] | ||
| Virginia | Open carry allowed without a permit. Local restrictions on carrying assault weapons. Persons with a concealed carry permit are exempt from local restrictions. | ||
| Washington[32] | Open carry without permit allowed. Local restrictions preempted. Permit required if carrying a loaded handgun in vehicle.[33] Carrying loaded long guns in a vehicle prohibited.[34] | ||
| West Virginia | Open carry without permit allowed. Local restrictions preempted.[35] [36] | ||
| Wisconsin | Open carry allowed without a permit. Permit required if carrying a loaded handgun in vehicle. Local restrictions preempted. Section 32 of 2011 Wisconsin Act 35 (codified as Wis. Stat. 167.31(2)(b)), purportedly removed the vehicle carry restriction for handguns.[37] However, the Wisconsin Supreme Court ruled that a license is required to have a loaded handgun within reach in a vehicle, because being "within reach" constitutes carrying as per the Concealed Carry Act, regardless of the Safe Transport Statue removing restrictions on transporting loaded handguns.[38] | ||
| Wyoming | Open carry without permit allowed. Local restrictions preempted. | ||
Open carry has never been authoritatively addressed by the United States Supreme Court. The most obvious predicate for a federal right to do so would arise under the Second Amendment to the United States Constitution.
In the majority opinion in the case of District of Columbia v. Heller (2008), Justice Antonin Scalia wrote concerning the entirety of the elements of the Second Amendment; "We find that they guarantee the individual right to possess and carry weapons in case of confrontation." However, Scalia continued, "Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose."[39]
Forty five states' constitutions recognize and secure the right to keep and bear arms in some form, and none of those prohibit the open carrying of firearms. Five state constitutions provide that the state legislature may regulate the manner of keeping or bearing arms, and advocates argue that none rule out open carry specifically. Nine states' constitutions indicate that the concealed carrying of firearms may be regulated and/or prohibited by the state legislature.[40] Open carry advocates argue that, by exclusion, open carrying of arms may not be legislatively controlled in these states.
Section 1.7[41] of Kentucky's state constitution only empowers the state to enact laws prohibiting "concealed carry". Open carry without a permit is a specifically protected right in the Kentucky State Constitution and that right may not be questioned, in Holland v Commonwealth(1956) as mentioned " We observe, via obiter dicta, that although a person is granted the right to carry a weapon openly, a severe penalty is imposed for carrying it concealed. If the gun is worn outside the jacket or shirt in full view, no one may question the wearer's right so to do." Concealed Carry was decided to not be protected in the state constitution.
The North Carolina Supreme Court ruled in State v. Kerner that requiring any form of permit, fee or license to open carry a firearm off one's own premises is unconstitutional according to article 1, Section 30 of the states constitution which says " A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed... " The court also held that concealed carry was not a right protected by the state's constitution and thus could be regulated by law.[42] [43]
In July 2018, a divided panel of the United States Court of Appeals for the Ninth Circuit found that Hawaii's licensing requirement for open carry violated the Second Amendment.[44] That ruling was vacated on February 8, 2019 and the case is scheduled to be heard en banc.
Several courts have ruled that the mere carriage of a firearm, where it is allowable by law, is not reasonable suspicion to detain someone; however, some courts have ruled that simply being armed is grounds for seizure.
In Terry v. Ohio (1968), the Supreme Court ruled that police may stop a person only if they have a reasonable suspicion that the person has committed or is about to commit a crime, and may frisk the suspect for weapons if they have reasonable suspicion that the suspect is armed and dangerous. In an analogous case, the Supreme Court ruled in Delaware v. Prouse (1979) that stopping automobiles for no reason other than to check the driver's license and registration violates the Fourth Amendment. In the case Florida v. J. L. (2000), the court ruled that a police officer may not legally stop and frisk anyone based solely on an anonymous tip that simply described that person's location and appearance without information as to any illegal conduct that the person might be planning.
Unless otherwise stated, the following courts ruled that carrying a firearm is not reasonable suspicion to detain someone or being armed is not a justifiable reason to frisk someone:
The Third Circuit issued its ruling in United States v. Ubiles (2000),[45] United States v. Navedo (2012),[46] and United States v. Lewis (2012).[47]
The Fourth Circuit issued its ruling in United States v. Black (2013),[48] however the decision United States v. Robinson (2017) found that a suspect stopped for a lawful reason can be frisked if the officer reasonably suspects them to be armed regardless of whether in legal possession or not.[49]
The Sixth Circuit issued its ruling in Northrup v. City of Toledo Police Department (2015).[50]
The Seventh Circuit issued its ruling in United States v. Leo (2015).[51]
The Ninth Circuit issued its ruling in United States v. Brown (2019),[52] however the decision United States v. Orman (2007) held that a police officer seizing a firearm for safety did not violate the Fourth Amendment.[53]
The Tenth Circuit issued its ruling in United States v. King (1993)[54] and United States v. Roch (1993),[55] however the decision United States v. Rodriguez (2013) found that the presence of a handgun in a waistband is grounds for reasonable suspicion of unlawfully carrying a deadly weapon thus justifying a stop and frisk.[56]
The District Court of New Mexico issued its ruling in St. John v. McColley (2009).[57] [58]
Unless otherwise stated, the following courts ruled that carrying a firearm is not reasonable suspicion to detain someone or being armed is not a justifiable reason to frisk someone:
The Arizona Supreme Court issued its ruling in State v. Serna (2014).[59]
The Florida Fourth District Court of Appeal issued its ruling in Regalado v. State (2009).[60]
The Idaho Supreme Court issued its ruling in State v. Bishop (2009).[61]
The Illinois Supreme Court issued its ruling in People v. Granados (2002)[62] however the decision People v. Colyar (2013) found that the presence of a bullet justified officers searching for weapons for officer safety.[63]
The Indiana Supreme Court issued its ruling in Pinner v. Indiana (2017).[64] [65]
The Kentucky Court of Appeals issued its ruling in Pulley v. Commonwealth (2016).[66]
The New Jersey Superior Court, Appellate Division issued its ruling in State v. Goree (2000).[67]
The New Mexico Supreme Court issued its ruling in State v. Vandenberg and Swanson (2003) holding that frisking for weapons was reasonable.[68]
The Pennsylvania Supreme Court issued its ruling in Commonwealth v. Hawkins (1997)[69] and Commonwealth v. Hicks (2019).[70]
The Tennessee Supreme Court issued its ruling in State v. Williamson (2012).[71]
, 45 states allowed open carry,[102] [103] but the details vary widely.
Four states, the Territory of the U.S. Virgin Islands and the District of Columbia fully prohibit the open carry of handguns. Twenty-five states permit open carry of a handgun without requiring the citizen to apply for any permit or license. Fifteen states require some form of permit (often the same permit as allows a person to carry concealed), and the remaining five states, though not prohibiting the practice in general, do not preempt local laws or law enforcement policies, and/or have significant restrictions on the practice, such as prohibiting it within the boundaries of an incorporated urban area. Illinois allows open carry on private property only.[104]
On October 11, 2011, California Governor Jerry Brown signed into law that it would be a "misdemeanor to openly carry an exposed and unloaded handgun in public or in a vehicle." This does not apply to the open carry of rifles or long guns or persons in rural areas where permitted by local ordinance.
On November 1, 2011, Wisconsin explicitly acknowledged the legality of open carry by amending its disorderly conduct statute (Wis. Stat. 947.01). A new subsection 2 states "Unless other facts and circumstances that indicate a criminal or malicious intent on the part of the person apply, a person is not in violation of, and may not be charged with a violation of, this section for loading, carrying, or going armed with a firearm, without regard to whether the firearm is loaded or is concealed or openly carried."
On May 15, 2012, Oklahoma Governor Mary Fallin signed Senate Bill 1733, an amendment to the Oklahoma Self Defense Act, which will allow people with Oklahoma concealed weapons permits to open carry if they so choose. The law took effect November 1, 2012. "Under the measure, businesses may continue to prohibit firearms to be carried on their premises. SB 1733 prohibits carrying firearms on properties owned or leased by the city, state or federal government, at corrections facilities, in schools or college campuses, liquor stores and at sports arenas during sporting events."[105]
The Federal Gun-Free School Zones Act of 1990 limits where a person may legally carry a firearm by generally prohibiting carry within 1,000 ft of the property line of any K–12 school in the nation, with private property excluded.[106] [107]
In a 1995 Supreme Court case, the Act was declared unconstitutional (on Federalism, not Second Amendment grounds),[108] but was reenacted in a slightly different form in 1996.[109]