By Tyler Yzaguirre, Second Amendment Institute
Jan. 25, 2021, 10:32AM
Image courtesy of USCCA
Gun rights lawmakers in several states want to allow people to carry concealed firearms without having to get a permit; this is known as constitutional carry.
Fifteen states already have constitutional carry laws on the books, and another nine are looking to do the same. Republican Governors in Utah and Tennessee back the idea, while the Montana bill has already passed the state House.
Other states which allow concealed carry, requires applicants to go through rigorous training, like in Washington D.C.
Such training includes a four-hour legal class, a twelve-hour generic firearm class, and a range test. Whereas more relaxed states, like Pennsylvania, require the applicant to pass a vigorous background check, and fill out and submit paperwork at their local sheriff’s office.
With constitutional carry, none of this is required.
However, you can be barred from exercising your Second Amendment right to constitutional carry if you are listed as a person prohibited.
There are many things that can land you on the person prohibited list. These follow the same items that will fail you on a NICS background check when purchasing a firearm from an FFL dealer. Examples include:
Pending or convicted domestic charge
Pending or convicted felony charge
Dishonorably discharged from the military
Adjudicated as a mental defective or committed to mental institution
Subject to a court-ordered restraining order
Addicted to, in possession of, or in use of any illegal substances (yes, this includes state-legal medicinal marijuana)
The proposed changes come after firearm sales hit historic levels last summer, amid uncertainty and safety concerns about the coronavirus pandemic, the struggling economy, and nation-wide protests.
The proposal in Utah would allow any U.S. citizen 21 and older to carry a concealed weapon without the now-required background check or weapons course. The bill does allow gun owners who want to carry a concealed weapon out of state to get a permit to do so after a background check and safety course.
Newly elected GOP Gov. Spencer Cox has said he supports the idea, in contrast to his predecessor and fellow Republican Gary Herbert, who vetoed a similar bill in 2013.
Supporters of the change argue that other state laws against such things as felons having guns and anyone carrying a firearm while intoxicated are enough to ensure guns are used safely.
“I have that right to protect myself, the Constitution says we have the right. Why are we putting a barrier for law-abiding citizens?” said Rep. Walt Brooks, the Republican lawmaker sponsoring the bill that got an early nod of approval from a House committee Friday. The software company president has represented rural southern Utah for about four years.
He pointed to a multistate study published in 2018 by the Journal of the American College of Surgeons that found loosening concealed carry permit laws didn’t lead to more homicides or violent crime. Utah does not require a permit for guns carried openly.
In Tennessee, Republican lawmakers are expected to push again to allow most adults 21 and older to carry firearms — concealed or openly — without a license that now requires a background check and training.
GOP Gov. Bill Lee backed the idea last year, though the proposal and others were put on hold amid the pandemic.
The push in Tennessee came after the GOP-dominant General Assembly relaxed the state's handgun law in 2020 by allowing people to obtain a concealed-carry-only handgun permit that didn't require them to demonstrate the ability to fire a weapon.
In Montana, the House recently passed a bill to allow people to carry concealed firearms without a permit in most places.
Similar bills that would allow or expand concealed carry without a permit have been introduced in Texas, South Carolina, Florida, Indiana, Alabama and Georgia.