open carry

Open carry generally refers to carrying a firearm in a manner that is visible to others in a public space. States differ substantially in whether they permit open carry, require a license, or prohibit it altogether. Many states allow at least some form of open carry without a permit. This is often described as ‘permitless’ or ‘constitutional’ carry, although the terminology and scope of these laws vary by state. A minority of states and the District of Columbia substantially restrict or prohibit open carry, although the nature and scope of those restrictions vary.

The Court’s decision in New York State Rifle & Pistol Association (NYSRPA) v. Bruen, 597 U.S. 1 (2022) sparked a rapid increase of Second Amendment challenges to open carry bans, and courts have reached differing conclusions on these challenges. In McDaniels v. State, 419 So. 3d 1180 (2025), the First District Court of Appeal of Florida held that under the Bruen framework, Florida’s general prohibition on open carry violated the Second Amendment of the U.S. Constitution. In contrast, the Second Circuit in Frey v. City of New York, 157 F.4th 118 (2025) upheld New York's restriction on open carry, concluding at the preliminary injunction stage that the plaintiffs were unlikely to establish a Second Amendment violation. These decisions illustrate the disagreement among lower courts over how Bruen, and United States v. Rahimi, 602 U.S. 680, (2024) should be applied to historical regulations regarding the manner of carrying firearms in public.

The remaining states require a permit or license of some kind. Many states treat the issuance of a concealed carry permit (CCP) as an authorization to open carry, either expressly or do not distinguish between concealed and open carry. In a small number of states, the issuance of a concealed carry permit allows the holder to open carry in otherwise prohibited areas.

Missouri generally permits open carry without a permit under state law, but certain local governments may restrict open carry, such as Kansas City. A person who holds a valid concealed-carry permit is exempt from those local restrictions under Missouri law.

California uses its own unique firearms laws under Cal. Penal Code §§ 25850 and 26350. Under § 26150(c) a county sheriff shall issue either a license to carry a concealed firearm; or, in counties with populations below 200,000, a license to carry a loaded and exposed firearm only within that county. After the Supreme Court’s decision in Bruen, California gun owners challenged the state’s permit system. In Baird v. Bonta, 163 F.4th 723 (2026) a three judge panel for the United States Court of Appeals for the Ninth Circuit initially held that California’s ban on open carry in urban areas violated the Second Amendment. That decision was later vacated in Baird v. Bonta, 172 F.4th 1105 (2026) and the case was reheard en banc in June of 2026; a decision is pending. 

On June 25, 2026, the U.S. Supreme Court held in Wolford v. Lopez, 609 U.S. (2026), that Hawaii’s law banning concealed-carry permit holders from carrying handguns on private property open to the public without express authorization was a violation of the Second and Fourteenth Amendments

[Last reviewed in August of 2026 by the Wex Definitions Team]

Wex