Difference between revisions of "Constitutional carry"

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'''[[Constitution]]al carry''' (sometimes called '''Vermont carry''') is a political and legal term used by [[gun rights]] advocates to describe jurisdictions where no license is required for either [[Concealed carry]] and [[Open carry]] of [[weapon]]s including [[firearm]]s, such as [[handgun]]s ([[pistol]]s and [[revolver]]s) and [[long gun]]s ([[rifle]]s and [[shotgun]]s), [[knives]], ninja stars, and any other form of [[hand]]-carried weapons.
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'''Constitutional carry''' (sometimes called '''Vermont carry''') is a political and legal term used by [[gun rights]] advocates to describe jurisdictions where no license is required for either [[concealed carry]] and [[open carry]] of [[weapon]]s. These weapons include [[firearm]]s, such as [[handgun]]s ([[pistol]]s and [[revolver]]s) and [[long gun]]s ([[rifle]]s and [[shotgun]]s), [[knives]], and any other form of [[hand]]-carried weapons.
  
 
In practice, a "constitutional carry" law would be one that allows either the concealed or the open carry of firearms and prohibits police from stopping someone based merely on the fact the person is carrying a firearm.
 
In practice, a "constitutional carry" law would be one that allows either the concealed or the open carry of firearms and prohibits police from stopping someone based merely on the fact the person is carrying a firearm.
  
Constitutional carry means that the carrying on one's person or in/on one's [[vehicle]] of firearms, [[concealed carry|concealed]] or [[Open carry|not]], is generally not restricted by the [[law]]. A constitutional carry [[state]] is a "free state" from a gun law perspective.  However, this should not be confused with the use of "free state" by [[libertarian]]s who use that phrase to advocate for political migration to achieve political power.
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Constitutional carry means that the carrying on one's person or in/on one's [[vehicle]] of firearms, concealed or not, is generally not restricted by the [[law]]. A constitutional carry [[state]] is a "free state" from a gun law perspective (see "[[Second Amendment]] right to keep and bear arms").  However, this should not be confused with the use of "free state" by [[libertarian]]s who use that phrase to advocate for political migration to achieve political power.
  
The term "Constitutional carry" seeks to evoke an unlimited Constitutional right that is not recognized at the state or federal level. This results in a confusing message for this political movement which lobbies for changes in state gun laws while professing that the laws in question are invalid. In actual practice, the 2008 ''[[District of Columbia v. Heller]]'' [[United States Supreme Court|Supreme Court]] decision undercuts the descriptive power of the phrase "constitutional carry" because the opinion suggests that some [[state]] or [[city]]-[[county]] government controls may be allowed, at least as to certain types of weapons. The decision was limited to the possession of firearms in one's home.
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The legal term "constitutional carry" describes the [[Bill of Rights]] legal interpretation that the Second Amendment to the [[United States Constitution]] allows/permits no regulations or restrictions on [[gun ownership]] (eg. "''Shall not be infringed''", in the Second Amendment). In actual practice, the 2008 [[United States Supreme Court|Supreme Court]] ''[[District of Columbia v. Heller]]'' decision undercuts the descriptive power of the phrase "constitutional carry" because the opinion suggests that some [[state]] or [[city]]-[[county]] [[big government|government]] controls may be allowed, at least as to certain types of weapons. The decision was limited to the possession of firearms in one's home.
  
 
==Murder rate==
 
==Murder rate==
According to the [[FBI]], handgun murders decreased in the states that enacted Constitutional Carry laws.<ref>Hawkins, Awr (June 7, 2017). [http://www.breitbart.com/big-government/2017/06/07/fbi-handgun-murders-dropped-concealed-permit-requirements-abolished/ FBI: Handgun Murders Dropped when These States Abolished Concealed Permit Requirements]. ''Breitbart News''. (Opinion columnist) Retrieved June 7, 2017.</ref>
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According to the [[FBI]], handgun murders decreased in the states that enacted Constitutional Carry laws.<ref>Hawkins, Awr (June 7, 2017). [http://www.breitbart.com/big-government/2017/06/07/fbi-handgun-murders-dropped-concealed-permit-requirements-abolished/ FBI: Handgun Murders Dropped when These States Abolished Concealed Permit Requirements]. ''Breitbart News''. Retrieved June 7, 2017.</ref>
  
 
==States with Constitutional Carry==
 
==States with Constitutional Carry==
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* [[Arkansas]]: April 4, 2013<ref>{{cite web|url=http://www.arkansascarry.com/media/kunena/attachments/556/Act746pressrelease.pdf|title=Arkansas Act 746 of 2013 Press Release|publisher=arkansascarry.com}}</ref><ref>{{cite web|url=http://www.arkleg.state.ar.us/assembly/2013/2013R/Acts/Act746.pdf|title=Arkansas Act 746 of the Regular Session|publisher=89th General Assembly - Arkansas State Legislature}}</ref><ref>See Opinion No. 2013-047, footnote 7 dated July 8, 2013 at http://arkansasag.gov/opinions/index.php.</ref><ref name="Surge"/>
 
* [[Arkansas]]: April 4, 2013<ref>{{cite web|url=http://www.arkansascarry.com/media/kunena/attachments/556/Act746pressrelease.pdf|title=Arkansas Act 746 of 2013 Press Release|publisher=arkansascarry.com}}</ref><ref>{{cite web|url=http://www.arkleg.state.ar.us/assembly/2013/2013R/Acts/Act746.pdf|title=Arkansas Act 746 of the Regular Session|publisher=89th General Assembly - Arkansas State Legislature}}</ref><ref>See Opinion No. 2013-047, footnote 7 dated July 8, 2013 at http://arkansasag.gov/opinions/index.php.</ref><ref name="Surge"/>
  
* [[Vermont]]:<ref name="Surge"/> Since the Constitution was first ratified in 1789, Vermont was the only [[state]] to permit "Constitutional carry". From 1789 until the [[1800s]], Constitutional carry was the [[law of land]]. During the [[20th century]], all states except Vermont had legislated [[gun control]] bans on [[concealed carry]]. In most states, however, there was an exemption for those [[citizen]]s with a [[license|permit]]. Vermont has a strictly worded state constitution,[http://www.usconstitution.net/vtconst.html#Article9] For this reason, Constitutional carry is often still referred to as "Vermont carry" among old persons.
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* [[Vermont]]:<ref name="Surge"/> Since the Constitution was first ratified in 1789, Vermont was the only [[state]] to permit "Constitutional carry". From 1789 until the [[1800s]], Constitutional carry was the [[law of land]]. During the [[20th century]], all states except Vermont had legislated [[gun control]] bans on [[concealed carry]]. In most states, however, there was an exemption for those [[citizen]]s with a [[license|permit]]. Thanks to Vermont's strictly worded state constitution,[http://www.usconstitution.net/vtconst.html#Article9] [[liberal]] "[[gun control|gun grabbers]]" have not been able to have any restriction added on the method of how one carries a firearm. Thus Vermont was the only [[free state]] in the nation from an [[Second Amendment]] [[unalienable rights]] perspective. For this reason, Constitutional carry is often still referred to as "Vermont carry" among old persons.
  
 
* [[Wyoming]] (for residents):<ref name="Surge"/> March 2, 2011 Governor [[Matt Mead]]<ref>{{cite web|url=http://www.laramieboomerang.com/articles/2011/02/26/ap-state-wy/wy_xgr_concealed_carry.txt|title=Wyoming House approves concealed carry bill|publisher=Laramie Boomerang}}</ref><ref>{{cite news|title=Wyoming governor signs concealed gun bill|url=http://trib.com/news/state-and-regional/govt-and-politics/article_1af6e2e7-74e8-51ed-a31e-5a96a22f5a9c.html|newspaper=Casper Star-Tribune|agency=Associated Press|date=2 March 2011}}</ref>
 
* [[Wyoming]] (for residents):<ref name="Surge"/> March 2, 2011 Governor [[Matt Mead]]<ref>{{cite web|url=http://www.laramieboomerang.com/articles/2011/02/26/ap-state-wy/wy_xgr_concealed_carry.txt|title=Wyoming House approves concealed carry bill|publisher=Laramie Boomerang}}</ref><ref>{{cite news|title=Wyoming governor signs concealed gun bill|url=http://trib.com/news/state-and-regional/govt-and-politics/article_1af6e2e7-74e8-51ed-a31e-5a96a22f5a9c.html|newspaper=Casper Star-Tribune|agency=Associated Press|date=2 March 2011}}</ref>
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* [[Open-Carry Movement]]
 
* [[Open-Carry Movement]]
 
* [[Second Amendment]]
 
* [[Second Amendment]]
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==External links==
 
==External links==
 
* [https://www.concealedcarry.com/reciprocity/constitutional-carry-state-by-state/ Constitutional Carry state by state]
 
* [https://www.concealedcarry.com/reciprocity/constitutional-carry-state-by-state/ Constitutional Carry state by state]
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* [[Alex Barron|Barron, Alex]], "[https://charlescarrollsociety.com/2015/02/12/idaho-constitutional-carry-bill-advances-rally-is-called-nra-idaho-2a/ Idaho Constitutional Carry bill advances & rally is called]#nra #Idaho #2A". [[Idaho]], [[American Redoubt]]: [[Charles Carroll Society]]. Published February 12, 2015. Accessed February 12, 2015.
 
   
 
   
 
==References==
 
==References==

Revision as of 09:58, 14 July 2017

Constitutional carry (sometimes called Vermont carry) is a political and legal term used by gun rights advocates to describe jurisdictions where no license is required for either concealed carry and open carry of weapons. These weapons include firearms, such as handguns (pistols and revolvers) and long guns (rifles and shotguns), knives, and any other form of hand-carried weapons.

In practice, a "constitutional carry" law would be one that allows either the concealed or the open carry of firearms and prohibits police from stopping someone based merely on the fact the person is carrying a firearm.

Constitutional carry means that the carrying on one's person or in/on one's vehicle of firearms, concealed or not, is generally not restricted by the law. A constitutional carry state is a "free state" from a gun law perspective (see "Second Amendment right to keep and bear arms"). However, this should not be confused with the use of "free state" by libertarians who use that phrase to advocate for political migration to achieve political power.

The legal term "constitutional carry" describes the Bill of Rights legal interpretation that the Second Amendment to the United States Constitution allows/permits no regulations or restrictions on gun ownership (eg. "Shall not be infringed", in the Second Amendment). In actual practice, the 2008 Supreme Court District of Columbia v. Heller decision undercuts the descriptive power of the phrase "constitutional carry" because the opinion suggests that some state or city-county government controls may be allowed, at least as to certain types of weapons. The decision was limited to the possession of firearms in one's home.

Murder rate

According to the FBI, handgun murders decreased in the states that enacted Constitutional Carry laws.[1]

States with Constitutional Carry

As of 2017:[2]

  • Vermont:[2] Since the Constitution was first ratified in 1789, Vermont was the only state to permit "Constitutional carry". From 1789 until the 1800s, Constitutional carry was the law of land. During the 20th century, all states except Vermont had legislated gun control bans on concealed carry. In most states, however, there was an exemption for those citizens with a permit. Thanks to Vermont's strictly worded state constitution,[1] liberal "gun grabbers" have not been able to have any restriction added on the method of how one carries a firearm. Thus Vermont was the only free state in the nation from an Second Amendment unalienable rights perspective. For this reason, Constitutional carry is often still referred to as "Vermont carry" among old persons.
  • Oklahoma (residents of constitutional carry states)[9]

See also

External links

References

  1. Hawkins, Awr (June 7, 2017). FBI: Handgun Murders Dropped when These States Abolished Concealed Permit Requirements. Breitbart News. Retrieved June 7, 2017.
  2. 2.00 2.01 2.02 2.03 2.04 2.05 2.06 2.07 2.08 2.09 2.10 2.11 2.12 2.13 2.14 Hawins, Awr (May 22, 2017). Report: Concealed Carry Witnesses Largest One-Year Surge Ever. Breitbart News. Retrieved May 22, 2017.
  3. Fischer, Howard. Concealed weapons bill goes to Brewer for signature. Daily News-Sun.
  4. Arkansas Act 746 of 2013 Press Release. arkansascarry.com.
  5. Arkansas Act 746 of the Regular Session. 89th General Assembly - Arkansas State Legislature.
  6. See Opinion No. 2013-047, footnote 7 dated July 8, 2013 at http://arkansasag.gov/opinions/index.php.
  7. Wyoming House approves concealed carry bill. Laramie Boomerang.
  8. "Wyoming governor signs concealed gun bill", 2 March 2011. 
  9. http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69809 Accessed December 18, 2014