What States Allow Open Carry?
As of early 2026, the landscape of "unrestricted" open carry in the United States is broader than ever, largely due to the rapid adoption of Constitutional Carry (permitless carry) laws.
Currently, 36 states generally permit the open carry of a handgun without a license or permit. However, the term "unrestricted" is a bit of a misnomer in legal practice; even in these states, carry is restricted in specific locations like schools, courthouses, and private businesses that post "No Weapons" signs.
The Open Carry debate focuses on the application of the 2nd Amendment and the historical backdrop of US and state law in the early years of our Republic. There were no open carry restrictions historically and proponents of restrictions argue that "times have changed" and the 2nd Amendment must be flexible. Strict constructionists disagree and stick to the literal meaning of the statute. If times have changed the 2nd Amendment has not (they argue) and absent a constitutional amendment to the 2nd Amendment it cannot be changed by judicial fiat. Interestingly, some people on the political right argue that the 14th Amendment birthright citizenship provision was went to apply to enslaved people and their progeny and is now being abused by birth tourists and other people who arrive in the U.S. illegally. They then argue that the 14th Amendment has to be interpreted with these unforeseen abuses in mind. Some argue that the application of the 14th Amendment to those legally in this country is the proper - strict construction. Others argue that the 14th Amendment literally allows birthright citizenship to apply without restriction but that this literal wording must be modified due to circumstances.
Ultimately however, the 2nd Amendment argument has been decided.
New York State Rifle & Pistol Association, Inc. v. Bruen (2022) is the landmark Supreme Court decision that fundamentally changed how courts evaluate gun control laws in the United States.
The ruling, authored by Justice Clarence Thomas, struck down a New York law that required individuals to show "proper cause" (a special need for self-defense) to obtain a concealed carry license.
The Two Major Impacts
The Bruen decision established two critical legal precedents:
Right to Carry in Public: The Court explicitly stated that the Second Amendment’s right to "keep and bear arms" extends beyond the home. It affirmed that law-abiding citizens have a right to carry a handgun for self-defense in public.
The "Text, History, and Tradition" Test: This is the most significant procedural shift. The Court rejected the previous "two-step" framework that balanced the government’s interest (e.g., public safety) against the individual’s right. Now, for a gun law to be constitutional, the government must prove the law is consistent with the nation’s historical tradition of firearm regulation.
The battleground is always the application of Bruen to specific fact situations. California has banned open carry only to have that ban overturned in court. However, that court ruling stands and yet is frozen so that people can still be arrested for the anti open carry law on the books.
Meanwhile, most states recognize that open carry is either 100% legal or legal with restrictions.
States with Permitless Open Carry
In these states, any law-abiding citizen who is of legal age (usually 18 or 21) can openly carry a handgun without a state-issued permit.
| Region | States |
| West | Alaska, Arizona, Idaho, Montana, Nevada, New Mexico, Utah, Wyoming |
| Midwest | Indiana, Iowa, Kansas, Kentucky, Michigan, Missouri, Nebraska, Ohio, South Dakota, Wisconsin |
| South | Alabama, Arkansas, Georgia, Louisiana, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, West Virginia |
| Northeast | Maine, New Hampshire, Pennsylvania*, Vermont |
Important Nuances & "Hidden" Restrictions
Even within the "unrestricted" category, there are significant legal traps to be aware of:
The "Philadelphia Exception" (Pennsylvania): While Pennsylvania is a permitless open carry state, you must have a permit to carry (openly or concealed) within a "City of the First Class," which currently only applies to Philadelphia.
Local Preemption (OR, WA, CO): Some states like Oregon and Washington allow open carry by state law, but allow cities (like Portland or Seattle) to pass local ordinances banning it. Colorado recently gave local governments more power to restrict carry in public buildings and parks.
The "Unloaded" Trap (North Dakota): North Dakota allows permitless carry for residents, but strictly speaking, open carry of a loaded firearm without a permit has historically been more restricted than concealed carry.
Prohibited States: It is important to note that California, Florida, Illinois, and New York generally prohibit open carry entirely, with almost no exceptions for the general public.
Age Requirements
The legal age for permitless open carry varies significantly by state:
18+: States like Montana, New Hampshire, and West Virginia.
21+: States like Arizona, Georgia, and Texas.
Note for Legal Professionals: If you are looking at this from a compliance or defense perspective, remember that federal laws (such as the Gun-Free School Zones Act) still apply. Even if a state allows unrestricted open carry, carrying within 1,000 feet of a school zone without a state-issued permit can technically trigger a federal violation, as the federal exemption usually requires a permit issued by the state in which the school is located.
Attorney Daniel Horowitz is a 2nd Amendment lawyer defending the right of citizens not only to defend themselves but also to defend others and the United States of America. If you have a gun case and are protected by the 2nd Amendment, call Daniel Horowitz at (925) 283-1863.
