In the United States, open carry laws, which allow a gun own to carry guns openly in plain view of the public, are a constantly evolving body of law, which is regulated at the state level, and sometimes, at the municipal level as well. It is important to note that an individual in almost all states is allowed to carry openly firearms on his or her property, often including in his or her business, but generally speaking, open carry laws address openly carrying a firearm in a public setting.
For starters, virtually all law enforcement agents and other entities sanctioned by the federal, state, or local government to carry firearms during the course of their duty, are exempted from any gun carry laws imposed on private citizens. However, for private citizens, the ability to openly carry a firearm will widely vary on the jurisdiction where the firearm is being carried. Furthermore, a given state or local area may support open carry, but certain restricted areas do exist, often governed by state and federal laws. These areas, such as airports, public government buildings, and other places, will restrict open carry of a weapon, regardless of the applicable state and local laws.
State Laws on Open Carry
The following list attempts to categorize open carry laws by state. It is important to note that these laws are constantly in flux and that certain municipalities may restrict open carry, even in light of state laws allowing such a practice.
- States Prohibiting Open Carry: Open carry is highly restricted or banned in the following states including Texas, Oklahoma, Arkansas, Illinois, New York, Florida, and South Carolina.
- States Allowing Open Carry in Rural Areas: The state of California permits open carry of firearms in non-incorporated areas, which are typically rural in nature.
- States Allowing Open Carry with License per State Preemption Laws: The following states allow licensed open carry of firearms with most local laws preempted by state law: North Dakota, Minnesota, Iowa, Utah, Mississippi, Tennessee, Georgia, Indiana, Maryland, New Jersey, Rhode Island, Connecticut, Hawaii, and Massachusetts.
- States Allowing Open Carry without License without State Preemption: The following states allow open carry of a firearm without a specific open carry license, but may be subject to municipal laws governing open carry, including: Washington, Oregon, Colorado, Nebraska, Kansas, Missouri, Louisiana, Wisconsin, Michigan, Ohio, West Virginia, Pennsylvania, Alabama, Maine, New Hampshire, and Delaware.
- States Allowing Open Carry without License per State Preemption Laws: The following states allow open carry of firearms, without a specific license to do so, as well as possess state laws preempting any local statutes governing open carry including: Alaska, Montana, Idaho, Wyoming, Nevada, Arizona, New Mexico, South Dakota, Kentucky, Virginia, North Carolina, and Vermont.
Getting Legal Help with Open Carry Gun Laws
As a measure of precaution, any gun owner should be aware of the applicable guns in his or her own state, as well as the states and local areas where one intends to travel. If issues arise concerning possession of a weapon in violation of applicable state and local laws, consult with a criminal defense lawyer to learn about your legal rights, as well as how to enforce these rights.
