Open carry in the United States
In the United States, open carry is 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, 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. 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. As of 2025, almost all US states allow for open carry either without a permit or with a permit/license. According to 2022 Gun death and violence in the United States by state data, none of the 7 US states with the lowest gun death rates have permitless handgun open carry, and only 2 of the 7 have permitless long gun open carry. Also according to 2022 Centers for Disease Control and Prevention data, all 9 US states with the highest gun death rates have permitless handgun and long gun open carry.
The gun rights community has become supportive of the practice, while gun control groups are generally opposed.
Terminology
; Open carry: The act of publicly carrying a firearm on one's person in plain sight.; Plain sight: Broadly defined as not being hidden from common observation; varies somewhat from state to state. Some states specify that open carry occurs when the weapon is "partially visible", while other jurisdictions require the weapon to be "fully visible" to be considered as carried openly.
; Loaded weapon: Definition varies from state to state. Depending on state law, a weapon may be considered "loaded" under one of the following criteria:
; Preemption: In the context of open carry: the act of a state legislature passing laws which limit or eliminate the ability of local governments to regulate the possession or carrying of firearms.
; Prohibited persons: This refers to people who are prohibited by law from carrying a firearm. Typical examples are felons, those convicted of a misdemeanor of domestic violence, those found to be addicted to alcohol or drugs, those who have been involuntarily committed to a mental institution, and those who have been dishonorably discharged from the United States Armed Forces.
Categories of law
In the United States, the laws vary from state to state regarding open carry of firearms. The categories are defined as follows:; Permissive open carry states: A state has passed full preemption of all firearms laws, with few exceptions. They allow open carry for all nonprohibited citizens and do not require a permit or license to carry firearms openly. Open carry is fully lawful on foot. A permit may or may not be required to carry in a motor vehicle, depending on the state.
; Permissive open carry with local restriction states: A state that generally allows open carry without a license, but additional restrictions may exist on non-license holders such as local restrictions or additional restricted locations or modes of carry. Some states exempt license holders from local restrictions while others don't.
; Licensed open carry states: A state has passed full preemption of all firearms laws, with few exceptions. They allow open carry for all nonprohibited citizens who have been issued a permit or license. Open carry of a handgun is lawful on foot and in a motor vehicle. In practice, however, some of these states that have may-issue licensing laws can be regarded as non-permissive for open carry, as issuing authorities rarely or never grant licenses to ordinary citizens.
; Anomalous open carry states: Open carry is generally prohibited except either under special circumstances or in unincorporated areas of counties in which population densities are below statutorily defined thresholds, and local authorities have enacted legislation to allow open carry with a permit in such jurisdictions, as in California, for example. Thus, some local jurisdictions may permit open carry, and others may impose varying degrees of restrictions or prohibit open carry entirely.
; Non-permissive open carry states: Open carry of a handgun is not lawful or is lawful only under such a limited set of circumstances that public carry is effectively prohibited. They may include when one is hunting or traveling to/from hunting locations, on property controlled by the person carrying, or for lawful self-defense. Additionally, some states with may-issue licensing laws are non-permissive when issuing authorities are highly restrictive in the issuance of licenses allowing open carry.
Jurisdictions in the United States
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.Constitutional implications
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, 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."
Forty-five state 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 state constitutions indicate that the concealed carrying of firearms may be regulated and/or prohibited by the state legislature. Open carry advocates argue that, by exclusion, open carrying of arms may not be legislatively controlled in these states.
Section 1.7 of the Kentucky State Constitution empowers the state to enact laws prohibiting "concealed carry", but open carry without a permit is a specifically protected right that may not be questioned, as decided on Holland v. Kentucky : "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."
The North Carolina Supreme Court ruled in North Carolina v. Kerner that requiring any form of permit, fee, or license to openly carry a firearm off one's own premises is unconstitutional according to Article 1, Section 30 of the state constitution, which declares: "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 ruled, however, that concealed carry was not a right protected by the state's constitution and thus could be regulated by law.
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. That ruling was vacated on February 8, 2019, and the case is scheduled to be heard en banc.
Grounds for detention
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.United States Supreme Court
In Terry v. Ohio, 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 they 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 that stopping an automobile for no reason other than to check the driver's license and registration violates the Fourth Amendment. In the case Florida v. J. L., the court ruled that a police officer may not legally stop and frisk anyone based solely on an anonymous tip that simply describes that person's location and appearance without information as to any illegal conduct that the person might be planning.Other federal courts
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, United States v. Navedo, and United States v. Lewis.
The Fourth Circuit issued its ruling in United States v. Black ; however, the decision in United States v. Robinson 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.
The Sixth Circuit issued its ruling in Northrup v. City of Toledo Police Department.
The Seventh Circuit issued its ruling in United States v. Leo.
The Ninth Circuit issued its ruling in United States v. Brown ; however, the decision in United States v. Orman held that a police officer seizing a firearm for safety did not violate the Fourth Amendment.
The Tenth Circuit issued its ruling in United States v. King and United States v. Roch ; however, the decision in United States v. Rodriguez found that the presence of a handgun in a waistband is grounds for reasonable suspicion of unlawful carry of a deadly weapon, thus justifying a stop and frisk.
The District Court of New Mexico issued its ruling in St. John v. McColley.