Montana Gianforte signs ‘constitutional carry’ gun bill

[The Heretic]

Gianforte signs ‘constitutional carry’ gun bill | Montana Free Press

HB 102 will let Montanans carry concealed firearms without a permit almost anywhere in the state.

montanafreepress.org

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[AMT]

All the kommiefornian's that flocked there last year are probably throwing up in their mouths!

 

[The Heretic]

All the kommiefornian's that flocked there last year are probably throwing up in their mouths!

Too bad - soo sad

 

[titsonritz]

Woohoo congrats #18!!!

 

[Nutknocka]

18 constitutional carry states? That's almost half the country. Why don't we have more juice in court when they fight dumps like HI that are still trying to keep people from carrying at all?

You would think "inconsistent with historical and current custom" would count for something when analyzing laws that effect enumerated rights.

 

[DivCurlGrad72]

Good news. Unfortunately, back here in Oregon, the wind is blowing in the other direction, and our conceal carry rights are under serious attack (SB 554).

 

[FortRock]

Good news. Unfortunately, back here in Oregon, the wind is blowing in the other direction, and our conceal carry rights are under serious attack (SB 554).

So sad. So very very sad. I miss Oregon but I am happy here. Gianforte rocks!

 

[FortRock]

Now if we can get HB258 through we will have a moderate firewall against the Biden attacks on our fundamental Liberty. 258 prohibits LE from enforcing Federal bans. A quick look at the monsters he is placing in the DOJ reflects the urgency of these bills. The Calicommies are clustered in specific areas. Beware the school teachers.

 

[bbbass]

Good news. Unfortunately, back here in Oregon, the wind is blowing in the other direction, and our conceal carry rights are under serious attack (SB 554).

The usual suspects, I see.

 

[Nosferatu]

I can't wait to get our property built out there so we can GTFO out of WA. Good job, MT!

 

[The Heretic]

Now if we can get HB258 through we will have a moderate firewall against the Biden attacks on our fundamental Liberty. 258 prohibits LE from enforcing Federal bans. A quick look at the monsters he is placing in the DOJ reflects the urgency of these bills. The Calicommies are clustered in specific areas. Beware the school teachers.

Prohibits local LEOs, not federal. Should push come to shove, it will be the feds that enforce federal gun control laws. Such legislation is just a feel good thing, not really effectual.

 

[EHJ]

Montana seems to be on a roll...

Montana Legislature Considers Domestic Terror Designation for Antifa

Montana lawmakers are discussing a bill that would mark Antifa as domestic terrorists.

www.breitbart.com

 

[CountryGent]

Prohibits local LEOs, not federal. Should push come to shove, it will be the feds that enforce federal gun control laws. Such legislation is just a feel good thing, not really effectual.

Indeed. Anyone remember the two guys in Kansas who were arrested, tried, convicted, and lost their RKBA forever?

 

[titsonritz]

18 constitutional carry states?

Yes sir...

U.S. jurisdictions that have constitutional carry
As of February 18, 2021, Alaska, Arizona, Arkansas, Idaho, Kansas, Kentucky, Maine, Mississippi, Missouri, Montana(effective June 5,2021), New Hampshire, North Dakota (residents only; concealed carry only), Oklahoma (residents and nonresidents from states with permitless carry only), South Dakota, Utah (effective May 5, 2021), Vermont, West Virginia and Wyoming (residents only) do not require a permit to carry a loaded concealed firearm for any person of age who is not prohibited from owning a firearm. Permitless carry in North Dakota and Wyoming is applicable to residents only; nonresidents must have a permit to carry a concealed handgun in these states. Permitless carry in Oklahoma applies to residents and nonresidents from states with permitless carry. All aforementioned jurisdictions do not require a permit to openly carry either except for North Dakota and certain localities in Missouri.

On July 24, 2014, Washington D.C. became a permitless carry jurisdiction for a few days when its ban on carrying a handgun was ruled unconstitutional, and the ruling was not stayed.[9] The ruling said that any resident who had a legally registered handgun could carry it without a permit and nonresidents without felony convictions could carry as well. The ruling was then stayed on July 29, 2014.[10][11][12][13]

In June 2015, following victory in a class-action suit brought by "Damas de la Segunda Enmienda" Ladies of the Second Amendment (an affiliate of the Second Amendment Foundation) the Commonwealth of Puerto Rico's carry and licensing regulations were struck down, eliminating the requirement to obtain a permit.[14][15] On October 31, 2016, The Supreme Court of Puerto Rico denied a motion for reconsideration of a previous Court of Appeals decision that had found the Weapons Act to be constitutional.[16]

Alaska
On June 11, 2003, Alaska governor Frank Murkowski signed House Bill 102 into law (effective September 9, 2003), making Alaska the first state to rescind its requirement for a concealed carry permit.[17] The bill eliminated the crime of simply carrying a concealed weapon by changing the definition of the crime. The section of law that describes the first instance of "misconduct involving weapons in the 5th degree" now requires that a person must either fail to inform a law enforcement officer of the weapon upon contact, fail to allow the law enforcement officer to secure the weapon (or to properly secure the weapon him/herself) upon contact, or if at another person's home, fail to obtain permission from a resident to have a concealed weapon on the premises. No permit is required to open carry or conceal carry for both residents and nonresidents. Open carry is 18+ and concealed carry is 21+.[18]

Arizona
On April 16, 2010, Arizona governor Jan Brewer signed Senate Bill 1108 into law (effective July 29, 2010).[19][20] The law eliminated the requirement to obtain a permit to carry a concealed weapon in Arizona for U.S. citizens or residents 21 and older. The process to obtain a permit was left in place so that Arizona residents could still obtain permits in order to carry concealed in other states or to carry in a restaurant or bar that serves alcohol.[21] This extends to both Arizona residents and nonresidents with no permit required to open carry at 18 and none required to concealed carry 21 and up.

Arkansas
Prior to August 16, 2013, Arkansas law (§ 5-73-120) prohibited "...carrying a weapon...with a purpose to employ the handgun, knife, or club as a weapon against a person." Among other exceptions, Arkansas law allowed a defense to the charge of carrying of a weapon if "[t]he person is on a journey..." but did not define what constituted a "journey." Another defense permitted an individual to carry a concealed weapon if the person had a valid concealed weapons license.[22] This provision was generally interpreted to prohibit open carry.

On August 16, 2013, Arkansas enacted Act 746.[22] This act made two major changes. First, it statutorily defined a "journey" as "...travel beyond the county in which a person lives..." Because traveling on a journey is one of the defenses to § 5-73-120, a plain reading of the statute would indicate that the prohibition against carrying a weapon would now apply only to a person traveling within their home county. Second, it modified § 5-73-120 to prohibit "...carrying a weapon...with a purpose to attempt to unlawfully employ the handgun, knife, or club as a weapon against a person." Various firearms groups interpreted this provision to require that the state must now prove that a person actually intends to use a weapon to commit a crime; and without proving this intent, possession of weapons, whether openly or concealed, is now legal.[23]

However, some confusion still existed. On July 8, 2013, Arkansas Attorney General Dustin McDaniel issued an opinion stating that Act 746 did not authorize open carry.[24] On August 18, 2015, Arkansas Attorney General Leslie Rutledge issued a different opinion, saying that open carry of a weapon following Act 746's passage is now generally legal, provided that the person has no intent to unlawfully employ said weapon. Rutledge also opined that, while mere possession of a loaded handgun was formerly sufficient to establish "intent to employ" it as a weapon, such possession is now no longer sufficient to convict someone under § 5-73-120. Rather, the state must now additionally prove intent to unlawfully use the weapon. However, Rutledge also opined that concealed carry generally remains illegal without a permit. Because Act 746 did not remove or modify the other sections of Arkansas law pertaining to issuing concealed weapons permits, she concluded that possession of a concealed weapon without a permit could be construed as meeting the "unlawful purpose" requirement.[25] However, various firearms groups disputed this opinion and argued that, because § 5-73-120 (and specifically subsection (a)) permits unlicensed open carry, the same legal logic would dictate that concealed carry without a permit would also be legal.[23] Further adding to the confusion was the fact that Act 746 changed the list of § 5-73-120 exceptions, including possession while on a journey and possession of a concealed handgun with a concealed handgun permit, from a list of "affirmative defenses" to a list of "permissible circumstances." Rutledge noted in her opinion that such change could be construed as creating a "non-exhaustive list of circumstances under which it is permissible to carry a handgun," thereby permitting a person to assert additional circumstances not spelled out in the statute. She also noted that future legislation would be the best solution to clear up the confusion that Act 746 has caused.[25]

On October 17, 2018, the Arkansas Court of Appeals issued a ruling that clarified that the mere carrying of a handgun is not a crime by itself absent a purpose to attempt to unlawfully employ the handgun as a weapon against a person, and any ambiguity would be found in favor of the defendant per the rule of lenity.[26] This effectively ends the dispute on the legality of permitless carry in Arkansas and allows for the unlicensed open carry and concealed carry of a weapon.[27]

Idaho
As of July 1, 2020, HB 516 extended the law to be applicable to all U.S. citizens and active military members.[28] Prior permitless carry (SB 1389) was limited to Idaho residents and active military members from July 1, 2016 to July 1, 2020.[citation needed] The minimum age was lowered from 21 to 18 on July 1, 2019 while within city limits (minimum age was already 18 outside city limits)[29][30] and allows for any weapon, not just handguns.[31] Before July 1, 2016, permitless carry (open or concealed carry) was allowed only outside city limits.

Kansas
SB45 was introduced in the Kansas Senate in early 2015. The bill initially passed the Senate 31-7 on February 26. The bill was sent to the House, amended, and passed 85–39 on March 25. The Senate then concurred, passing the amended bill 31-8 (also on March 25). On April 2, the bill was signed by Governor Sam Brownback (effective July 1, 2015), establishing constitutional carry in Kansas.[32][33] Can carry concealed at 21 years old or older and open carry at 18 years or older without a permit for both residents and nonresidents.[34]

Kansas issues licenses to carry concealed handguns on a shall-issue basis. As of April 2015, over 87,000 current permits are issued.[35][36] Kansas will continue to issue permits so that Kansas residents may carry in other states that accept Kansas concealed carry permits.[33]

Kentucky
On February 14, 2019, the Kentucky Senate passed SB150 by a vote of 29–8. It then passed the Kentucky House of Representatives on March 1, 2019, by a vote of 60–37.[37] On March 11, 2019, Governor Matt Bevin signed the bill into law (effective June 27, 2019). It allows residents and nonresidents who are 21 years old or older who are otherwise able to lawfully possess a firearm, to carry concealed firearms (or any other deadly weapon) without a permit. Open carry without a permit for both residents and nonresidents 18 years old or older was already legal as guaranteed by the State Constitution.

Maine
In 2015, LD 652 was a constitutional carry bill that was under consideration by the Maine Legislature. It had 17 co-sponsors in the Senate and 79 co-sponsors in the House.[38] LD 652 was signed into law by Governor Paul LePage on July 8, 2015 (effective October 15, 2015), applying to both residents and nonresidents with no permit being required at 18+ for open carry and none required for concealed carry for 21+.[39]

Mississippi
In 2013, the Unlicensed Open Carry Bill was passed to clarify that no permit was needed to open carry at the age of 18+ and was clarified by the Mississippi Supreme Court that the Right to Open Carry was guaranteed by the Mississippi State Constitution. As of July 1, 2015, the concealed carry law was amended to say "no license shall be required under this section for a loaded or unloaded pistol or revolver carried in a purse, handbag, satchel, other similar bag or briefcase or fully enclosed case."[40] On April 15, 2016, the law was further expanded to include belt and shoulder holsters and sheaths.[41][42] This effectively allows for constitutional carry in Mississippi for residents and nonresidents age 18 and up. However, some forms of concealed carrying would still require a permit (e.g. Mexican carry[Note 1] or concealed in an ankle holster).

Missouri
SB 656 allows for permitless concealed carry for anyone who may lawfully own a gun. The bill was passed by the legislature in 2016, but Governor Nixon vetoed it on June 27, 2016. The legislature reconvened for the veto-override session on September 14, 2016. The Senate voted to override the veto with a 24 – 6 vote (23 required) and the House followed through shortly thereafter with a 112 – 41 vote (109 required). No permit is needed for open carry or concealed carry and applies to both residents and nonresidents. While no permit is required for either form of carrying, only concealed carry falls fully under state-preemption. Therefore, unlicensed open carry can still be restricted by local city ordinances unless one possesses a concealed carry permit, thus exempting them from local open carry restrictions. The law went into effect on January 1, 2017.[43]

Montana
Montana introduced a bill early in 2011 to allow constitutional carry. The bill passed the House with a vote of 55–45 and passed the Senate with a vote of 29–21.[44][45] Montana HB 271 was vetoed by Governor Brian Schweitzer on May 10, 2011,[46] and was unable to gather the necessary two-thirds majority to overturn the veto.[47]

On February 18, 2021, Montana Governor Greg Gianforte signed HB 102 into law, which allows Montana gun owners to carry a firearm throughout the state without a permit. HB 102 also removed a number of Montana's "gun-free" zones, which previously prohibited carrying a firearm in select destinations throughout the state. HB 102 takes effect immediately, minus one provision altering the law on carrying a handgun on college and university grounds, which will go into effect June 1, 2021.[48][49][50] This law makes Montana the 18th state to allow concealed carry of a firearm without a permit.[51]

New Hampshire
In early 2017, several senators and representatives introduced New Hampshire Senate Bill 12, which proposed removing the requirement for a license to carry a loaded concealed handgun. The bill also proposed extending the minimum license period from four years to five years, removing the discretionary "suitable person" language from the Pistol/Revolver License law, and directing the state police to pursue reciprocity agreements.[52][53] On January 19, it was passed by the New Hampshire Senate by a vote of 13 – 10.[54] Governor Chris Sununu, who took office in January 2017, expressed support for this bill after the Senate vote, stating, "I am pleased that the State Senate today voted to advance common-sense legislation in support of a citizen's fundamental right to carry a firearm, joining neighboring states throughout the region and across the country."[55] On February 9, it was passed by the New Hampshire House by a vote of 200 – 97.[56] Governor Sununu signed the bill into law on February 22, 2017, and it became effective immediately. Thus, no permit is required for open carry or concealed carry of handguns; and this applies to both residents and nonresidents over the age of 18.[57]

Previously, carrying a concealed handgun unloaded was legal without a license. A New Hampshire Supreme Court decision in 2013 clarified that the law did not prohibit carrying a concealed handgun if it is unloaded (no round is chambered).[58]

North Dakota (residents only; concealed carry only)
On March 23, 2017, North Dakota Governor Doug Burgum signed House Bill 1169 (effective August 1, 2017).[59] Under its provisions, people carrying concealed without a concealed weapons license will need to carry a form of state-issued photo ID, must be a North Dakota resident for at least 1 year, must have had a state-issued ID for 1 year, must inform police about their handgun upon contact, and must not otherwise be prohibited from possessing a firearm by law. Minimum age is 18. Open carry of a loaded handgun will still require a permit, but no permit is required to open carry an unloaded handgun one hour before sunrise until one hour after sunset; one is allowed to possess a loaded magazine as long as it is not inserted into the gun. Carrying in a vehicle was originally thought of as requiring a permit, but Attorney General Wayne Stenehjem issued an opinion interpreting the law as allowing for constitutional carry within vehicles.[60] This was codified in 2019.[61] Nonresidents will continue to be required to have a permit recognized by North Dakota to carry openly or concealed.

Oklahoma
On February 27, 2019, Oklahoma Governor Kevin Stitt signed House Bill 2597 (effective November 1, 2019),[62] which will allow residents and nonresidents 21+ or 18+ and in the military to open or concealed carry without a permit. Oklahoma's existing reciprocity also recognizes any concealed carry license issued both as resident and nonresident as well as the permitless carry of other states, so if you are a nonresident and 18+ and your state allows open carry or concealed carry without a permit you may carry in that fashion so long as you have valid ID proving you're a resident of that state.[63]

South Dakota
On January 22, 2019, the South Dakota Senate passed SB 47 by a vote of 23–11. It then passed the House of Representatives on January 29, 2019, by a vote of 47–23.[64] Governor Kristi Noem signed SB 47 on January 31, 2019 (effective July 1, 2019).[65] This change in the law removes the requirement of a permit to concealed carry a handgun for residents and nonresidents 18+. Open carry was already legal without a permit.

Utah
In 2013, Representative John Mathis introduced a constitutional carry bill, HB76, in the Utah House of Representatives. It was passed by a two-thirds majority in both the state House and the state Senate, but Republican Governor Gary Herbert subsequently vetoed the bill, stating that the existing gun laws did not restrict one's ability to acquire a concealed carry permit, and "we're not the wild and woolly west."[66][67] Utah law already permits civilians to carry a firearm openly without a permit as long as it is two actions from being fired,[Note 2] but open carry one action from being fired and concealed carry still require a permit.[68] Other attempts have been made to renew the efforts, but have failed because then-Governor Herbert had stated he would veto the effort.[69] In 2021, Representative Walt Brooks introduced HB60, another attempt to allow for permitless carry for adults over the age of 21 (adults in Utah ages 18–21 are allowed to carry as well with a provisional concealed carry permit). The bill passed the legislature and Governor Spencer Cox signed the bill into law on February 12, 2021.[70][71][72] It takes effect May 5, 2021.

Vermont
For many decades, the only state to allow "constitutional carry" of a handgun (i.e., without any government permit) was Vermont. From the formation of the 13 original states, "constitutional carry" was the law in all states until the 19th century. By the 20th century, all states except Vermont had enacted concealed carry bans, with the exemption in most states for those citizens with a permit.[citation needed] Due to wording in its state constitution and decisions made by the state courts, Vermont has never been able to have a restriction on the method of how one could carry a firearm, and thus, in this regard, Vermont stood entirely separate from the rest of the United States for quite some time. No permit is required (or offered) for open carry and concealed carry, and this applies to both residents and nonresidents 18+ who can legally own a firearm.[73][74] Because of this, constitutional carry is still sometimes referred to as "Vermont carry."[3]

West Virginia
HB 4145 was passed by the House on February 8, 2016, and Senate on February 22, 2016, but vetoed by Governor Tomblin on March 3, 2016. The House then voted to override the veto on March 4, 2016, and the Senate voted to override on March 5, 2016. The law took effect on May 24, 2016. No permit is needed to open carry for residents and nonresidents 18+ and for concealed carry for residents and nonresidents 21+. Residents and nonresidents may carry concealed if between 18–21 with a permit.[75][76][77][78]

Wyoming (residents only)
On March 2, 2011, Wyoming Governor Matt Mead signed legislation to allow constitutional carry (effective July 1, 2011).[79][80] Under the law, residents age 21 and older may carry concealed or openly without a permit. Visitors to the state and Wyoming citizens under 21 must have a valid concealed carry permit from a jurisdiction that Wyoming recognizes if they wish to carry concealed, or can open carry without a permit.

While Wyoming does have the resident limitation it is similar to Vermont in that the police may not disarm a citizen just because they "feel" it's necessary.[81]

https://en.wikipedia.org/wiki/Const...nited States, the,without a license or permit.

 

[Deerhurst]

Prohibits local LEOs, not federal. Should push come to shove, it will be the feds that enforce federal gun control laws. Such legislation is just a feel good thing, not really effectual.

The drug laws in this state do the same thing. It's just feel good. If the feds wanted to step in, and I would laugh until I stopped breathing if they did, they would have a field day!

 

[madladchad]

Yes sir...

U.S. jurisdictions that have constitutional carry
As of February 18, 2021, Alaska, Arizona, Arkansas, Idaho, Kansas, Kentucky, Maine, Mississippi, Missouri, Montana(effective June 5,2021), New Hampshire, North Dakota (residents only; concealed carry only), Oklahoma (residents and nonresidents from states with permitless carry only), South Dakota, Utah (effective May 5, 2021), Vermont, West Virginia and Wyoming (residents only) do not require a permit to carry a loaded concealed firearm for any person of age who is not prohibited from owning a firearm. Permitless carry in North Dakota and Wyoming is applicable to residents only; nonresidents must have a permit to carry a concealed handgun in these states. Permitless carry in Oklahoma applies to residents and nonresidents from states with permitless carry. All aforementioned jurisdictions do not require a permit to openly carry either except for North Dakota and certain localities in Missouri.

On July 24, 2014, Washington D.C. became a permitless carry jurisdiction for a few days when its ban on carrying a handgun was ruled unconstitutional, and the ruling was not stayed.[9] The ruling said that any resident who had a legally registered handgun could carry it without a permit and nonresidents without felony convictions could carry as well. The ruling was then stayed on July 29, 2014.[10][11][12][13]

In June 2015, following victory in a class-action suit brought by "Damas de la Segunda Enmienda" Ladies of the Second Amendment (an affiliate of the Second Amendment Foundation) the Commonwealth of Puerto Rico's carry and licensing regulations were struck down, eliminating the requirement to obtain a permit.[14][15] On October 31, 2016, The Supreme Court of Puerto Rico denied a motion for reconsideration of a previous Court of Appeals decision that had found the Weapons Act to be constitutional.[16]

Alaska
On June 11, 2003, Alaska governor Frank Murkowski signed House Bill 102 into law (effective September 9, 2003), making Alaska the first state to rescind its requirement for a concealed carry permit.[17] The bill eliminated the crime of simply carrying a concealed weapon by changing the definition of the crime. The section of law that describes the first instance of "misconduct involving weapons in the 5th degree" now requires that a person must either fail to inform a law enforcement officer of the weapon upon contact, fail to allow the law enforcement officer to secure the weapon (or to properly secure the weapon him/herself) upon contact, or if at another person's home, fail to obtain permission from a resident to have a concealed weapon on the premises. No permit is required to open carry or conceal carry for both residents and nonresidents. Open carry is 18+ and concealed carry is 21+.[18]

Arizona
On April 16, 2010, Arizona governor Jan Brewer signed Senate Bill 1108 into law (effective July 29, 2010).[19][20] The law eliminated the requirement to obtain a permit to carry a concealed weapon in Arizona for U.S. citizens or residents 21 and older. The process to obtain a permit was left in place so that Arizona residents could still obtain permits in order to carry concealed in other states or to carry in a restaurant or bar that serves alcohol.[21] This extends to both Arizona residents and nonresidents with no permit required to open carry at 18 and none required to concealed carry 21 and up.

Arkansas
Prior to August 16, 2013, Arkansas law (§ 5-73-120) prohibited "...carrying a weapon...with a purpose to employ the handgun, knife, or club as a weapon against a person." Among other exceptions, Arkansas law allowed a defense to the charge of carrying of a weapon if "[t]he person is on a journey..." but did not define what constituted a "journey." Another defense permitted an individual to carry a concealed weapon if the person had a valid concealed weapons license.[22] This provision was generally interpreted to prohibit open carry.

On August 16, 2013, Arkansas enacted Act 746.[22] This act made two major changes. First, it statutorily defined a "journey" as "...travel beyond the county in which a person lives..." Because traveling on a journey is one of the defenses to § 5-73-120, a plain reading of the statute would indicate that the prohibition against carrying a weapon would now apply only to a person traveling within their home county. Second, it modified § 5-73-120 to prohibit "...carrying a weapon...with a purpose to attempt to unlawfully employ the handgun, knife, or club as a weapon against a person." Various firearms groups interpreted this provision to require that the state must now prove that a person actually intends to use a weapon to commit a crime; and without proving this intent, possession of weapons, whether openly or concealed, is now legal.[23]

However, some confusion still existed. On July 8, 2013, Arkansas Attorney General Dustin McDaniel issued an opinion stating that Act 746 did not authorize open carry.[24] On August 18, 2015, Arkansas Attorney General Leslie Rutledge issued a different opinion, saying that open carry of a weapon following Act 746's passage is now generally legal, provided that the person has no intent to unlawfully employ said weapon. Rutledge also opined that, while mere possession of a loaded handgun was formerly sufficient to establish "intent to employ" it as a weapon, such possession is now no longer sufficient to convict someone under § 5-73-120. Rather, the state must now additionally prove intent to unlawfully use the weapon. However, Rutledge also opined that concealed carry generally remains illegal without a permit. Because Act 746 did not remove or modify the other sections of Arkansas law pertaining to issuing concealed weapons permits, she concluded that possession of a concealed weapon without a permit could be construed as meeting the "unlawful purpose" requirement.[25] However, various firearms groups disputed this opinion and argued that, because § 5-73-120 (and specifically subsection (a)) permits unlicensed open carry, the same legal logic would dictate that concealed carry without a permit would also be legal.[23] Further adding to the confusion was the fact that Act 746 changed the list of § 5-73-120 exceptions, including possession while on a journey and possession of a concealed handgun with a concealed handgun permit, from a list of "affirmative defenses" to a list of "permissible circumstances." Rutledge noted in her opinion that such change could be construed as creating a "non-exhaustive list of circumstances under which it is permissible to carry a handgun," thereby permitting a person to assert additional circumstances not spelled out in the statute. She also noted that future legislation would be the best solution to clear up the confusion that Act 746 has caused.[25]

On October 17, 2018, the Arkansas Court of Appeals issued a ruling that clarified that the mere carrying of a handgun is not a crime by itself absent a purpose to attempt to unlawfully employ the handgun as a weapon against a person, and any ambiguity would be found in favor of the defendant per the rule of lenity.[26] This effectively ends the dispute on the legality of permitless carry in Arkansas and allows for the unlicensed open carry and concealed carry of a weapon.[27]

Idaho
As of July 1, 2020, HB 516 extended the law to be applicable to all U.S. citizens and active military members.[28] Prior permitless carry (SB 1389) was limited to Idaho residents and active military members from July 1, 2016 to July 1, 2020.[citation needed] The minimum age was lowered from 21 to 18 on July 1, 2019 while within city limits (minimum age was already 18 outside city limits)[29][30] and allows for any weapon, not just handguns.[31] Before July 1, 2016, permitless carry (open or concealed carry) was allowed only outside city limits.

Kansas
SB45 was introduced in the Kansas Senate in early 2015. The bill initially passed the Senate 31-7 on February 26. The bill was sent to the House, amended, and passed 85–39 on March 25. The Senate then concurred, passing the amended bill 31-8 (also on March 25). On April 2, the bill was signed by Governor Sam Brownback (effective July 1, 2015), establishing constitutional carry in Kansas.[32][33] Can carry concealed at 21 years old or older and open carry at 18 years or older without a permit for both residents and nonresidents.[34]

Kansas issues licenses to carry concealed handguns on a shall-issue basis. As of April 2015, over 87,000 current permits are issued.[35][36] Kansas will continue to issue permits so that Kansas residents may carry in other states that accept Kansas concealed carry permits.[33]

Kentucky
On February 14, 2019, the Kentucky Senate passed SB150 by a vote of 29–8. It then passed the Kentucky House of Representatives on March 1, 2019, by a vote of 60–37.[37] On March 11, 2019, Governor Matt Bevin signed the bill into law (effective June 27, 2019). It allows residents and nonresidents who are 21 years old or older who are otherwise able to lawfully possess a firearm, to carry concealed firearms (or any other deadly weapon) without a permit. Open carry without a permit for both residents and nonresidents 18 years old or older was already legal as guaranteed by the State Constitution.

Maine
In 2015, LD 652 was a constitutional carry bill that was under consideration by the Maine Legislature. It had 17 co-sponsors in the Senate and 79 co-sponsors in the House.[38] LD 652 was signed into law by Governor Paul LePage on July 8, 2015 (effective October 15, 2015), applying to both residents and nonresidents with no permit being required at 18+ for open carry and none required for concealed carry for 21+.[39]

Mississippi
In 2013, the Unlicensed Open Carry Bill was passed to clarify that no permit was needed to open carry at the age of 18+ and was clarified by the Mississippi Supreme Court that the Right to Open Carry was guaranteed by the Mississippi State Constitution. As of July 1, 2015, the concealed carry law was amended to say "no license shall be required under this section for a loaded or unloaded pistol or revolver carried in a purse, handbag, satchel, other similar bag or briefcase or fully enclosed case."[40] On April 15, 2016, the law was further expanded to include belt and shoulder holsters and sheaths.[41][42] This effectively allows for constitutional carry in Mississippi for residents and nonresidents age 18 and up. However, some forms of concealed carrying would still require a permit (e.g. Mexican carry[Note 1] or concealed in an ankle holster).

Missouri
SB 656 allows for permitless concealed carry for anyone who may lawfully own a gun. The bill was passed by the legislature in 2016, but Governor Nixon vetoed it on June 27, 2016. The legislature reconvened for the veto-override session on September 14, 2016. The Senate voted to override the veto with a 24 – 6 vote (23 required) and the House followed through shortly thereafter with a 112 – 41 vote (109 required). No permit is needed for open carry or concealed carry and applies to both residents and nonresidents. While no permit is required for either form of carrying, only concealed carry falls fully under state-preemption. Therefore, unlicensed open carry can still be restricted by local city ordinances unless one possesses a concealed carry permit, thus exempting them from local open carry restrictions. The law went into effect on January 1, 2017.[43]

Montana
Montana introduced a bill early in 2011 to allow constitutional carry. The bill passed the House with a vote of 55–45 and passed the Senate with a vote of 29–21.[44][45] Montana HB 271 was vetoed by Governor Brian Schweitzer on May 10, 2011,[46] and was unable to gather the necessary two-thirds majority to overturn the veto.[47]

On February 18, 2021, Montana Governor Greg Gianforte signed HB 102 into law, which allows Montana gun owners to carry a firearm throughout the state without a permit. HB 102 also removed a number of Montana's "gun-free" zones, which previously prohibited carrying a firearm in select destinations throughout the state. HB 102 takes effect immediately, minus one provision altering the law on carrying a handgun on college and university grounds, which will go into effect June 1, 2021.[48][49][50] This law makes Montana the 18th state to allow concealed carry of a firearm without a permit.[51]

New Hampshire
In early 2017, several senators and representatives introduced New Hampshire Senate Bill 12, which proposed removing the requirement for a license to carry a loaded concealed handgun. The bill also proposed extending the minimum license period from four years to five years, removing the discretionary "suitable person" language from the Pistol/Revolver License law, and directing the state police to pursue reciprocity agreements.[52][53] On January 19, it was passed by the New Hampshire Senate by a vote of 13 – 10.[54] Governor Chris Sununu, who took office in January 2017, expressed support for this bill after the Senate vote, stating, "I am pleased that the State Senate today voted to advance common-sense legislation in support of a citizen's fundamental right to carry a firearm, joining neighboring states throughout the region and across the country."[55] On February 9, it was passed by the New Hampshire House by a vote of 200 – 97.[56] Governor Sununu signed the bill into law on February 22, 2017, and it became effective immediately. Thus, no permit is required for open carry or concealed carry of handguns; and this applies to both residents and nonresidents over the age of 18.[57]

Previously, carrying a concealed handgun unloaded was legal without a license. A New Hampshire Supreme Court decision in 2013 clarified that the law did not prohibit carrying a concealed handgun if it is unloaded (no round is chambered).[58]

North Dakota (residents only; concealed carry only)
On March 23, 2017, North Dakota Governor Doug Burgum signed House Bill 1169 (effective August 1, 2017).[59] Under its provisions, people carrying concealed without a concealed weapons license will need to carry a form of state-issued photo ID, must be a North Dakota resident for at least 1 year, must have had a state-issued ID for 1 year, must inform police about their handgun upon contact, and must not otherwise be prohibited from possessing a firearm by law. Minimum age is 18. Open carry of a loaded handgun will still require a permit, but no permit is required to open carry an unloaded handgun one hour before sunrise until one hour after sunset; one is allowed to possess a loaded magazine as long as it is not inserted into the gun. Carrying in a vehicle was originally thought of as requiring a permit, but Attorney General Wayne Stenehjem issued an opinion interpreting the law as allowing for constitutional carry within vehicles.[60] This was codified in 2019.[61] Nonresidents will continue to be required to have a permit recognized by North Dakota to carry openly or concealed.

Oklahoma
On February 27, 2019, Oklahoma Governor Kevin Stitt signed House Bill 2597 (effective November 1, 2019),[62] which will allow residents and nonresidents 21+ or 18+ and in the military to open or concealed carry without a permit. Oklahoma's existing reciprocity also recognizes any concealed carry license issued both as resident and nonresident as well as the permitless carry of other states, so if you are a nonresident and 18+ and your state allows open carry or concealed carry without a permit you may carry in that fashion so long as you have valid ID proving you're a resident of that state.[63]

South Dakota
On January 22, 2019, the South Dakota Senate passed SB 47 by a vote of 23–11. It then passed the House of Representatives on January 29, 2019, by a vote of 47–23.[64] Governor Kristi Noem signed SB 47 on January 31, 2019 (effective July 1, 2019).[65] This change in the law removes the requirement of a permit to concealed carry a handgun for residents and nonresidents 18+. Open carry was already legal without a permit.

Utah
In 2013, Representative John Mathis introduced a constitutional carry bill, HB76, in the Utah House of Representatives. It was passed by a two-thirds majority in both the state House and the state Senate, but Republican Governor Gary Herbert subsequently vetoed the bill, stating that the existing gun laws did not restrict one's ability to acquire a concealed carry permit, and "we're not the wild and woolly west."[66][67] Utah law already permits civilians to carry a firearm openly without a permit as long as it is two actions from being fired,[Note 2] but open carry one action from being fired and concealed carry still require a permit.[68] Other attempts have been made to renew the efforts, but have failed because then-Governor Herbert had stated he would veto the effort.[69] In 2021, Representative Walt Brooks introduced HB60, another attempt to allow for permitless carry for adults over the age of 21 (adults in Utah ages 18–21 are allowed to carry as well with a provisional concealed carry permit). The bill passed the legislature and Governor Spencer Cox signed the bill into law on February 12, 2021.[70][71][72] It takes effect May 5, 2021.

Vermont
For many decades, the only state to allow "constitutional carry" of a handgun (i.e., without any government permit) was Vermont. From the formation of the 13 original states, "constitutional carry" was the law in all states until the 19th century. By the 20th century, all states except Vermont had enacted concealed carry bans, with the exemption in most states for those citizens with a permit.[citation needed] Due to wording in its state constitution and decisions made by the state courts, Vermont has never been able to have a restriction on the method of how one could carry a firearm, and thus, in this regard, Vermont stood entirely separate from the rest of the United States for quite some time. No permit is required (or offered) for open carry and concealed carry, and this applies to both residents and nonresidents 18+ who can legally own a firearm.[73][74] Because of this, constitutional carry is still sometimes referred to as "Vermont carry."[3]

West Virginia
HB 4145 was passed by the House on February 8, 2016, and Senate on February 22, 2016, but vetoed by Governor Tomblin on March 3, 2016. The House then voted to override the veto on March 4, 2016, and the Senate voted to override on March 5, 2016. The law took effect on May 24, 2016. No permit is needed to open carry for residents and nonresidents 18+ and for concealed carry for residents and nonresidents 21+. Residents and nonresidents may carry concealed if between 18–21 with a permit.[75][76][77][78]

Wyoming (residents only)
On March 2, 2011, Wyoming Governor Matt Mead signed legislation to allow constitutional carry (effective July 1, 2011).[79][80] Under the law, residents age 21 and older may carry concealed or openly without a permit. Visitors to the state and Wyoming citizens under 21 must have a valid concealed carry permit from a jurisdiction that Wyoming recognizes if they wish to carry concealed, or can open carry without a permit.

While Wyoming does have the resident limitation it is similar to Vermont in that the police may not disarm a citizen just because they "feel" it's necessary.[81]

https://en.wikipedia.org/wiki/Const...nited States, the,without a license or permit.

Vermont, Maine, and New Hampshire are surprising, considering how they've been voting for the past few decades. Maybe we need to investigate their approaches...

 

[The Heretic]

Vermont, Maine, and New Hampshire are surprising, considering how they've been voting for the past few decades. Maybe we need to investigate their approaches...

As mentioned in one of the articles posted in this thread, Vermont's "approach" was to put it in their state constitution, so that makes it harder for a simple vote to do away with the "approach".

 

[CamoDeafie]

Good news, more States that goes Constitional Carry, the better for a SCOTUS case eventually. As for Vermont, I want to say, they were the first to do so?

 

[AK0perator47]

Indeed. Anyone remember the two guys in Kansas who were arrested, tried, convicted, and lost their RKBA forever?

The whole thing is that Kansas tried enacting it after the federal government already had a law in place. First and foremost. Second they would need to hold the elected officials responsible for enacting something and then not holding up their end of the law. Then they can still fight it all the way up to the SCOTUS.

 

[titsonritz]

Vermont, Maine, and New Hampshire are surprising, considering how they've been voting for the past few decades. Maybe we need to investigate their approaches...

Vermont Carry and Constitution Carry are synonymous as Vermont was the original state with Constitution Carry laws.