Open carry in the United States

In firearms law and practice, "open carry" means carrying a firearm on one’s person in public in plain sight, as opposed to concealed carry. While most US states restrict the concealed carry of firearms in some way, open carry is much less restricted throughout the country. Though many states require permits or licenses for open carry, others simply dictate the circumstances of carry (such as forbidding the carry of loaded weapons or forbidding open carry in or near certain kinds of locations). Historically, open carry had little significance; it existed primarily as a contradistinction to concealed carry. Since the politicization of the National Rifle Association (NRA) in 1975, however, and the resulting growth of gun rights groups nationwide, the open display of firearms has become a political statement of support for gun rights and opposition to gun control laws.

Background

There is no federal law governing open carry (though the Federal Gun Free School Zones Act generally has the effect of preventing open carry of firearms within one thousand feet of a school), and no Supreme Court case has specifically addressed it, though the individual right to bear arms was upheld in the 2008 case District of Columbia v. Heller. Most states have passed open carry laws, and, as a result, the relevant terminology is not uniform. The exact definition of a loaded firearm is not the same from state to state. For example, in some states, any firearm with ammunition inserted is loaded, while in others, the round has to be in the firing chamber, and in still others an individual having both a firearm and its ammunition on their person is in possession of a loaded weapon even if those items are in separate holsters. The definition of "in plain sight" varies just as much as a result of the variance in concealed carry laws, with some states requiring that an open-carry firearm be fully visible and others satisfied with a partially visible weapon.

While gun laws have never been immune to political pressure and controversy, until the second half of the twentieth century, no lawyer or other legal expert put forth the view that the Second Amendment guaranteed the right for an individual to own a gun. The Supreme Court had repeatedly declined to rule, in several cases in the nineteenth and early twentieth centuries, that the Second Amendment provided any such right. Instead, gun control was left to the states, which were primarily concerned with hunting laws.

Until the mid-twentieth century, the Second Amendment was viewed by experts mainly in terms of its key phrase, "a well-regulated militia." As firearms became more sophisticated, the government responded with restrictive laws on the deadliest of them, which led to a political movement opposing such gun control. This "gun rights" movement eventually gained control of prominent organizations such as the NRA and became highly politically engaged, sponsoring legal scholarship and lobbyists to support its cause. In the twenty-first century, after renewed efforts by gun control advocates, open carry demonstrations supported by the NRA, Gun Owners of America, and some libertarian groups became a prevalent tactic in the ongoing dispute over firearms legislation.

Overview

State firearm laws frequently change. Into the 2020s, more than thirty states are considered permissive open-carry states, meaning that open carry on foot or in a motor vehicle is legal without a permit or license so long as the individual is legally permitted to have a firearm. Several states have included minor exceptions to this generalization. Some states may restrict the types of weapons that can be openly carried, and some cities or other local jurisdictions may have additional restrictions.

Other states and territories are considered licensed open carry states, meaning they issue open carry licenses to qualified individuals. States vary in their licensing laws, and some states rarely issue such licenses to ordinary citizens, reserving them for current law enforcement personnel. Moving away from the extremes of permissiveness or restrictiveness, there are more exceptions to the generalizations. For instance, antique firearms may be exempt from the licensing requirement, and some states treat handguns and long guns (such as hunting rifles) separately, often exempting the latter.

Some states and territories are considered non-permissive, either banning open carry entirely or allowing it under conditions that are so restrictive that, in practice, it is limited to specific purposes covered under other areas of firearms law, such as hunting or self-defense. A few states have other unique legal frameworks that do not fit the above generalizations, such as banning open carry or restricting it to licensed individuals in most cases but permitting it in rural areas.

Regardless of state regulations, private businesses may still opt not to allow the open carry of firearms on their property, although some gun rights advocates dispute this. Most notably, in response to the increased practice of open carry as a political display and the rise of mass shootings, many major chain stores, restaurants, and movie theaters have banned both open and concealed carry firearms. In 2019, the retail giant Walmart made headlines by also asking customers not to openly carry firearms in stores. Notably, despite its hardline pro-gun rights stance, the 2016 Republican National Convention similarly banned attendees from carrying firearms (with the exception of law enforcement personnel), resulting in open carry groups announcing plans for open carry demonstrations during the convention, held in Cleveland, Ohio.

In 2022, the Supreme Court issued a ruling in New York State Rifle & Pistol Association, Inc. v. Bruen that determined one's ability to carry a pistol in public was a constitutional right. The case, which challenged an existing New York law that regulated the concealed carry of pistols in the state, was seen by many as a landmark decision that greatly expanded gun rights in the US. In response to the Bruen ruling, several states passed laws redefining "sensitive locations" where open carry is prohibited. Legal battles over what counts as a public or private space have emerged. Several states have moved toward permitless carry, sometimes called constitutional carry. Into the mid-2020s, twenty-nine states permitted constitutional carry, in which people can carry a firearm openly or concealed without a permit. Still, the prevalence of mass shootings brought increased attention to gun laws, and those opposed to open carry continue to demonstrate politically.

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