Open Carry Laws by State

You can own a gun in all 50 U.S. states, but that doesn’t mean you can carry it around with you in all public places. The practice is called “open carry,” and our guide explains which states ban it, which require permits, and which allow most adults to carry openly without a permit.

What Open Carry Means

In general, open carry means carrying a firearm on your person in a way that is visible to ordinary observers rather than hidden under clothing or in a bag. Examples of places where it would be considered visible to ordinary observers include:

• In a belt or shoulder holster
• Slung over your shoulder

As of 2026, most state gun laws allow some form of open carry. A handful still prohibit it altogether or require a license. Even in “yes” states, the rules can change once you cross a city line or step onto school, government, or private property. Open carry laws work alongside concealed carry rules, broader gun laws, state background-check laws, and how law enforcement applies those rules on the street.

How States Categorize Open Carry

States generally fall into three broad categories:

• Those that prohibit open carry
• Those with a permit required to open carry
• Those that allow permitless open carry with varying limits

Even within these categories, many states carve out special rules for particular cities, types of guns, or “sensitive places” like schools and courthouses.

What About Constitutional Carry?

“Constitutional carry” refers to state laws that allow eligible adults to carry firearms openly or concealed without a government-issued permit or license. The term comes from the idea that the Second Amendment to the U.S. Constitution itself is the only permit needed to carry a gun.

States with constitutional carry laws still typically impose restrictions based on age (usually 18 or 21), criminal history, and location. You still cannot carry in prohibited places like schools and courthouses, and federal background check requirements for purchasing guns still apply. Some constitutional carry states also continue to offer optional carry permits for purposes like reciprocity with other states.

Roughly half of U.S. states have adopted some form of constitutional carry, though the specific rules vary. In most of these states, constitutional carry covers both open carry and concealed carry, making a permit optional for both methods.

Overview of State Open Carry Laws

States That Prohibit Open Carry of Handguns

These jurisdictions are generally classified as banning public open carry of handguns for most people:

• California
• Illinois
• New York
• District of Columbia

In these places, it’s prohibited to walk around openly carrying a handgun in public at all. Narrow exceptions exist, such as on private property with consent or in certain hunting or range contexts.

States That Require a Permit to Open Carry

Some states allow open carry if you have a qualifying license or under specific permitted conditions. Current permit‑required open carry states are:

• Connecticut
• Georgia
• Hawaii
• Maryland
• Massachusetts
• Minnesota
• New Jersey
• Rhode Island

In these places, you may need a general carry license or a specific open‑carry‑capable permit, and you may only be able to open carry in limited circumstances (for example, unloaded or while engaged in lawful hunting or target shooting).

Which States Allow Open Carry Without a Permit?

Most remaining states are often described as “permissive” or “permitless” for open carry, at least for handguns. In general, that means an adult who can legally possess a firearm does not need a separate permit to openly carry a handgun, though there are still age limits and restrictions on sensitive places. Permitless carry is a form of “constitutional carry” that covers both open and concealed carry. Those states are:

• Alabama
• Alaska
• Arizona
• Arkansas
• Colorado
• Delaware
• Florida
• Idaho
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maine
• Michigan
• Mississippi
• Missouri
• Montana
• Nebraska
• Nevada
• New Hampshire
• New Mexico
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• South Carolina
• South Dakota
• Tennessee
• Texas
• Utah
• Vermont
• Virginia
• Washington
• West Virginia
• Wisconsin
• Wyoming

Even in these states, long guns may be treated differently from handguns. Local governments sometimes restrict open carry in particular cities or counties.

Places You Still Cannot Open Carry

Even in very permissive states, open carry usually stops at the door of certain locations. Common “off‑limits” places include:

• K‑12 schools, school buses, and in many states, college campuses
• Courthouses, jails, and other secure government facilities
• Federal buildings and post offices, which are governed by federal law
• Private businesses or properties that post “no firearms” signs, where trespass law can be used to enforce a no‑guns policy

Many states also allow cities or counties to adopt stricter local ordinances, so open carry can be legal statewide in theory but functionally restricted in major cities or transit systems.

Long Gun Rules

Some states treat handguns and long guns differently, and may allow local governments to impose additional limits on open carry. In some places, a handgun may be openly carried without a permit, but a loaded long gun is more tightly restricted, or vice versa.

Long gun open carry (rifles and shotguns) may also be subject to different rules, including magazine or ammunition limits, hunting‑specific exceptions, or outright bans on loaded long guns in public areas.

Open Carry vs. Brandishing

Open carry is about lawfully possessing a visible gun in public. It differs from “brandishing,” which is about using that gun, or the fact that you have it, to threaten or intimidate someone. Even in states that strongly protect gun rights under the Second Amendment, a person who is otherwise allowed to open carry can still face criminal charges if they draw, wave, or display their firearm in a way that looks more like a threat than self‑defense.

Practical Takeaways for Gun Owners

The right to bear arms does not give those carrying weapons a blank check to do whatever they want. Gun owners trying to stay on the safe side of open‑carry rules should keep the following in mind:

• Confirm which open‑carry “bucket” your state is in from our lists above (prohibit, permit‑required, or permitless) and whether your city or county adds its own restrictions
• Remember that even in permitless states, open carry is often off‑limits in schools, courthouses, many government buildings, and on posted private property
• Check for local ordinances in major cities or counties, especially if you live in a state that otherwise allows open carry statewide
• Pay attention to whether your state treats handguns and long guns differently, including rules on loaded vs. unloaded firearms in public
• Understand that open carry must remain peaceful and non‑threatening; using a visible firearm to intimidate or escalate a confrontation can turn lawful open carry into a criminal brandishing charge

Do your best to remain aware of the responsibility that comes with carrying a firearm.

Questions About Your Gun Rights?

Open carry laws are complex and vary by state and locality. If you’ve been charged with a weapons offense or have questions about your rights to carry a firearm, an experienced criminal defense attorney can help you understand the laws in your area and protect your rights. Find a qualified criminal defense lawyer near you through FindLaw’s free-access attorney directory.