Constitutional Carry or Permitless Carry – we help sort out the confusion
The trend of states doing away with their requirement for a concealed carry permit for gun owners looking to carry has been moving at a steady pace for a few years. At this time, more than half the country allows handguns to be carried by residents—or by visitors to the state—without a carry permit. Of course, that depends on a few factors. So what does permitless carry mean to you as a gun owner? Let’s consider some common misconceptions and how this could affect your next outdoor adventure. Remember, this isn’t legal advice and shouldn’t take the place of advice from a qualified attorney.
What does permitless carry really mean?
Constitutional carry was the first buzzword for permitless carry, but it’s the latter that’s used with greater frequency now. Literally, permitless carry is the term used to describe the legal ability to carry a handgun without a permit being issued by the state in question. However, different states do have various titles for it. Furthermore, it’s important to note that there are certain legalities associated with permitless carry that you should be aware of.
Can you carry your handgun anywhere you want with permitless carry?
No, permitless carry doesn’t mean you can simply carry your handgun anywhere and everywhere. There are still restrictions, some of which are state-specific while others are associated with federal laws. For example, you’re still not going to be allowed to carry your handgun in a school unless you have express permission from that school to carry—and that permission itself is in accordance with state laws. As for places like the post office, recent events in Florida have brought the banning of carry in post offices into question, but for the time being don’t assume you can carry when you’re mailing a package. Follow the laws as they are currently laid out in your state, not how they might or will be sometime in the future.
Does permitless carry apply to everyone?
Permitless carry doesn’t apply to everyone. States have age restrictions in place—21 years being typical—and the person in question must also meet the legal requirements for possession and carry of a firearm. Yes, possession and carry are two different things. A good example regarding carry is that in some states a felon can have a handgun in their place of residence once a set amount of time has passed since their release from prison, but they aren’t allowed to carry that gun out of the residence. Or maybe an 18-year-old can possess a gun in certain situations but can’t carry it in public until they turn 21. Always pay attention to the details.
Does permitless carry mean you can carry during a hike?
The locations where permitless carry lets you carry without a permit depends on the state and federal laws. There are some locations where firearms are expressly prohibited, and permitless carry laws being in effect don’t change that. When you’re getting ready for a hike or any outdoor activity on public land, check the local laws and regulations.
Do prohibited carry signs at businesses apply in permitless carry states?
This is a great question because many businesses do have signage prohibiting carry on the premises. Sometimes it only applies to open carry and others it extends to concealed carry as well. In many locations the signage that was created and posted prohibiting forms of carry on the premises was made before permitless carry went into effect. That means, usually, there’s another form of signage that should be posted for the prohibition to be correct from a legal perspective. But does that really mean you can just ignore the signs if they weren’t updated with the statutes that extend to permitless carry?
If a business doesn’t have the current signage posted that applies to permitless carry, you could technically claim it doesn’t apply to you as someone carrying without a permit. However, any business can ask you to leave because you’re carrying a firearm, and from that standpoint you’d then need to leave before the situation escalates legally. Taking that a step further, stop and consider whether it’s really wise to frequent a business that prohibits carry when you’re knowingly ignoring the signage just because the wrong statute or regulation is listed on it. Are you inviting potential trouble by ignoring signage simply because it doesn’t technically apply to permitless carry?
Is it still worth having a carry permit?
There are quite a few reasons why it remains a good idea to get your carry permit. Possibly at the top of the list is reciprocity that allows you to carry your handgun in other states. After all, not all states have permitless carry, and if you have a carry permit that works in a state offering reciprocity with that permit, it becomes extremely useful.
Other reasons to get your carry permit are that it can give the impression to law enforcement that you take carrying a gun seriously enough to get a permit and because the permit can allow you to carry in areas you can’t otherwise do so. That’s right, in many states permitless carry doesn’t let you carry your handgun in certain locations, but if you have your permit, you can. Having a current carry permit broadens your options for where and when you can carry while also giving you that extra layer of protection if you ever find yourself forced to defend yourself. It’s another way to make it clear you’re a responsible gun owner.
Will permitless carry ever be nationwide?
Although it would be great to see permitless carry on a national level, it’s highly unlikely. Even if the vast majority of states went that route, places like California and New York aren’t going to do a 180 on gun laws anytime soon. The coming years will likely involve a greater number of states enacting permitless carry, and that at least is great for gun owners.
Does permitless carry apply to all guns?
No, permitless carry doesn’t mean you can carry any gun you want. Generally speaking it applies specifically to handguns. That means you can’t tote around a rifle and claim you’re covered by permitless carry. If you’re confused about it, take the time to read your state’s laws.
Permitless carry applies to outdoorsmen because many of us carry for self-defense, whether against two- or four-legged predators. We might carry on a hike or during a camping trip, and that means knowing and following the law. Remember, permitless carry doesn’t mean any gun, any time, anywhere, any person. It’s your responsibility as a gun owner to be informed and follow the laws. Claiming ignorance of a law isn’t a valid legal defense. Be sure you know the laws in your area before you make a decision to carry your weapon.
