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Open Carry Laws in Different States

January 10, 2023 RichardtheSecondAmendment Leave a Comment

Open carry laws in the United States vary from state to state which is very hard to track and can be quite confusing. Since it’s important for us gun owners to understand the laws in our state or any states we may be traveling to, a dedicated page explaining the current open carry laws might prove quite useful. While in some states, open carry is legal with no permit required, for others it’s only legal with a permit or under certain circumstances. Then of course, there are states where open carry is completely prohibited, which tend to not be our favorites. 

Let’s delve into it, but a full disclaimer: These are the laws as they were during the time of the research that went into this post, so it’s highly recommended you do a double check to make sure nothing has changed.

Contents hide
1 Permissive Open Carry States
2 Licensed Open Carry Law States
3 Constitutional Carry States
4 The Preemption Law Factor

Permissive Open Carry States

States that have “permissive open carry” laws, meaning that no permit is required for open carry, include Arizona, Arkansas, Idaho, Kansas, Kentucky, Maine, Mississippi, Missouri, New Hampshire, North Dakota, Oklahoma, South Dakota, Vermont, and Wyoming. In these states, anyone who can legally possess a firearm can openly carry it without a permit.

Licensed Open Carry Law States

States that have “licensed open carry” laws, meaning that a permit is required for open carry, include Alabama, Alaska, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Indiana, Iowa, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nebraska, Nevada, New Jersey, New Mexico, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Virginia, Washington, West Virginia, and Wisconsin.

Constitutional Carry States

In states with “restricted open carry” laws, open carry is generally prohibited, but may be allowed in certain circumstances, such as while hunting or while on a person’s own property. These states include Florida, Illinois, and New York.

The Preemption Law Factor

Another important point to consider when discussing open carry laws is that some states have “preemption laws” which means that state law supersedes any local laws or regulations. This means that in states with preemption laws, local municipalities and counties cannot enact their own laws regarding open carry. However, state laws may vary when it comes to preemption, some states may have partial preemption, others may not have it at all.

Additionally, while open carry is legal in many states, private property owners, like business owners, may still prohibit the carrying of firearms on their property. It’s important for gun owners to be aware of any posted signs or notices indicating that firearms are not allowed, and to comply with the wishes of the property owner.

In summary, open carry laws in the United States can vary greatly from state to state and can be complex. It’s important for us responsible gun owners to get familiar with the specific laws in our state, as well as any states we plan on traveling to. While it feels frustrating, daunting, and in many ways against our core beliefs to have to deal with all of this, there’s simply no choice. In some cases, it’s recommended to consult a qualified attorney to clear any concern whatsoever. Additionally, it’s important to be aware of laws such as constitutional carry, preemption laws and private property laws. 

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