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Constitutional carry


In the United States, the term constitutional carry, also called permitless carry, is a neologism for the legal carrying of a handgun, both openly and concealed, without the requirement of a government permit. The phrase does not typically refer to the unrestricted carrying of a long gun, a knife, or other weapons. The scope and applicability of such laws or proposed legislation can vary from state to state.

The phrase "constitutional carry" reflects the view that the Second Amendment to the United States Constitution permits no restrictions or other regulations on gun ownership, although District of Columbia v. Heller, decided by the Supreme Court of the United States (SCOTUS) in 2008, suggests that some state or local controls may be allowed, at least as to certain types of weapons. Prior to Heller there have been many other cases that have upheld both state and federal gun control laws under the Second Amendment. The Heller case was extended by the Court in McDonald v. Chicago, decided in 2010, holding the 2nd and 14th Amendments to the Constitution were "fully incorporated" and thus the right to "...keep and bear arms applies to the States and not 'in a watered-down version' but 'fully applicable'...," and does limit State and local governments in passing laws that restrict this "individual" and "fundamental" right to "...keep and bear arms," for self-defense. Self-defense was considered by the SCOTUS a "...central component of the 2nd Amendment." All of the state laws described below operate in the context of federal regulation regarding the transfer and sale of firearms. Firearms and ammunition are subject to taxation as well.

"Constitutional carry" is also sometimes known as "Vermont carry", "permitless carry", or "unrestricted carry".


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