Constitutional Carry States: Where You Can Carry Without a Permit (2026)

Last updated: 22 October 2026. This guide explains permitless carry laws in US states, with the state list current as of that date and a short comparison with Great Britain. It is general information, not legal advice.

Short answer: As of 22 October 2026, 29 US states allow most adults who can legally own a handgun to carry it in public, usually concealed, without a state permit. This is called constitutional carry or permitless carry. Federal law, state age limits and long lists of restricted places still apply, and most of these states still issue optional permits.

Key takeaways

• The count stands at 29 states. South Carolina became the 29th in March 2024, and no state has been added since then as of 22 October 2026.
• North Carolina came closest in 2025 and 2026: its Senate overrode the governor’s veto of Senate Bill 50, but the House has not held its override vote, so the bill is not law.
• Permitless carry does not override federal law. People barred under 18 U.S.C. section 922(g) still cannot possess guns, and federal limits on school zones and federal buildings still apply.
• A permit still matters in practice. It is often needed to carry in other states, and federal law exempts state licence holders from parts of the school zone ban.

What is constitutional carry?

Constitutional carry means a state does not require a permit or licence for an eligible adult to carry a handgun in public. Supporters use the name because they see the Second Amendment itself as the only permission needed. Opponents and many legal writers prefer the neutral term “permitless carry”.

It does not mean anyone can carry anywhere. The person must still be legally allowed to own the gun, meet the state’s minimum age and stay out of places where carrying is banned. Many states set 21 as the minimum age for permitless concealed carry, while others allow it from 18, so the age rule is one of the first things to check. For background on the right itself, see our explainer on what Americans should know about the Second Amendment.

Constitutional carry is also different from open carry. Some states that allow permitless concealed carry still restrict carrying a gun openly, and some states that require a concealed carry permit allow open carry without one. Florida is an example of how quickly that can shift: in September 2025 a state appeals court struck down its open carry ban in McDaniels v. State, and the attorney general told prosecutors to stop enforcing it.

Which states have constitutional carry in 2026?

The table lists the 29 states, current as of 22 October 2026. The count matches the 29 states reported by the gun safety group Everytown in an article last updated in February 2026, and the 29 cited by gun rights groups when Senator Mike Lee introduced a national bill in March 2026. We also checked legislative records for the main state bill pending since then.

The other 21 states and Washington, DC still require a permit or licence to carry a concealed handgun in public. Those include large states such as California, New York, Illinois, Pennsylvania and North Carolina. Our overview of California gun and weapons laws shows how different a permit state can look.

What rules still apply if you do not need a permit?

State permitless carry laws sit on top of federal law, not in place of it. The main limits are:

• Prohibited persons. 18 U.S.C. section 922(g) bars several groups from possessing guns, including people convicted of crimes punishable by more than a year in prison, fugitives, unlawful drug users and people subject to certain domestic violence restraining orders. A permitless carry law does not change that. Our guide to federal felony classes explains which convictions count.
• School zones. Section 922(q) makes it a federal crime to possess a gun in a school zone, which federal law defines by reference to a distance of 1,000 feet from school grounds. One exception covers a person “licensed to do so by the State in which the school zone is located”, where the state checked their eligibility first. A person carrying without a permit does not have that exception.
• Federal buildings. 18 U.S.C. section 930 bans firearms in federal facilities, with limited exceptions, and federal rules also restrict guns in post offices.
• State “sensitive places”. Each state keeps its own list, which commonly includes courthouses, polling places, bars, airports past security and government meetings. Private businesses and employers can also ban guns on their premises.
• Ghost guns and unlawful weapons. Permitless carry covers lawful handguns, not unserialised or banned weapons. See our article on ghost gun charges.

Carrying lawfully also does not decide whether using the gun is lawful. That turns on self-defence law, which is a separate question covered in our guide to self-defence law.

Why get a carry permit if your state does not require one?

Most constitutional carry states keep their permit systems running, and many gun owners still apply. The common reasons are:

• Travel. Permitless carry usually applies only inside the state. Other states may honour a permit through reciprocity agreements, but they do not recognise another state’s permitless carry rule.
• School zones. As noted above, the federal school zone exception depends on holding a licence from the state where the school is located.
• Proof of eligibility. A permit shows that the state has run a background check, which can help in dealings with police or employers.
• Purchases. In some states a qualifying permit can be used when buying a gun from a dealer, depending on federal and state rules.

Can you carry across state lines without a permit?

Only if every state you enter allows it, and each state applies its own rules to visitors. Some permitless carry states extend the right to non-residents; others limit it by age or residence. Before a trip, check each state’s law, including vehicle carry and storage rules. Our guides to laws to know when visiting Texas and buying guns in Nevada give state examples.

Congress has considered national rules several times. On 5 March 2026 Senator Mike Lee of Utah introduced the National Constitutional Carry Act, which he said “will establish nationwide permitless carry”. As of 22 October 2026 it has not become law, and federal bills of this kind face strong opposition from gun safety groups.

Which state could be next?

North Carolina is the state to watch. The General Assembly passed Senate Bill 50, “Freedom to Carry NC”, in June 2025. Governor Josh Stein vetoed it on 20 June 2025, and the Senate voted 30 to 19 to override on 29 July 2025. According to the General Assembly’s bill record, the House has repeatedly placed the override on its calendar and then withdrawn it. A House override needs three fifths of members present and voting, and as of mid October 2026 that vote had still not been taken, so North Carolina remains a permit state.

How did the Supreme Court change carry laws?

Constitutional carry is a choice made by state legislatures, not something the Supreme Court has required. But the Court’s ruling in New York State Rifle & Pistol Association v. Bruen (2022) changed the landscape for permit states. It held, 6 to 3, that New York could not require applicants to show “proper cause” for a concealed carry licence, and it told courts to judge gun laws against the nation’s historical tradition of firearm regulation. States may still require permits with objective criteria such as background checks and training. Our report on an earlier DC court ruling on public carry shows how the debate developed before Bruen.

How does this compare with the UK?

The contrast is stark. In Great Britain, anyone who wants to possess most firearms needs a firearm certificate from the police. Under section 27 of the Firearms Act 1968, the police must be satisfied that the applicant is fit to be trusted with a firearm, has “a good reason” for having it, and poses no danger to public safety. There is no general right to carry a gun in public, with or without a permit.

Frequently asked questions

How many constitutional carry states are there in 2026?

There are 29 as of 22 October 2026. South Carolina was the most recent state to join, in March 2024. North Carolina’s Senate Bill 50 is still waiting for a House veto override vote, so it has not taken effect.

What is the difference between constitutional carry and permitless carry?

There is no legal difference. Both terms describe laws that let eligible adults carry a handgun in public without a state permit. Supporters tend to say constitutional carry, while legislatures and many journalists use permitless carry.

Can I carry without a permit if I am visiting from another state?

It depends on the state you are visiting. Some permitless carry states extend the right to non-residents who meet their age and eligibility rules, while permit states generally require a permit they recognise. Check each state on your route before travelling.

Do constitutional carry states still issue concealed carry permits?

Yes, most do. Permits remain useful for carrying in other states under reciprocity agreements, for the federal school zone exception and, in some states, for buying a gun from a dealer.

Can anyone carry a gun in a constitutional carry state?

No. You must be legally allowed to possess a firearm under federal and state law and meet the state’s minimum age. People with felony convictions, certain domestic violence orders or other disqualifications are still barred.

Where can you not carry a gun even without a permit requirement?

Common restricted places include schools, federal buildings, courthouses, airport secure areas and private property where the owner bans guns. The exact list depends on federal law and the law of the state you are in.

This article is general information about permitless carry laws and is not legal advice. Gun laws change frequently and vary by state, city and location, so check the current law in each state or speak to a qualified local lawyer before carrying a firearm.