Constitutional Carry

In this issue, we have decided to explore the “Constitutional Carry” movement that has gained momentum in recent years. “Constitutional Carry” is the popular way to refer to “permitless carry,” which means that the laws in a state authorize a state resident to carry a gun without first seeking approval from a state licensing authority.

Ironically enough, it is the home state of avowed socialist Bernie San­ders where permitless carry has been the norm throughout its history. Vermont was a trailblazer in this regard by not requiring citizens to obtain a permit to carry a firearm on their person, either open or concealed.  Even though it has been widely practiced in the state since its inception, it wasn’t until 1903 that the Supreme Court of Vermont recognized permitless carry in the landmark decision State v. Rosenthal. The highest court in Vermont ruled that a local ordinance that prohibited the carrying of a firearm without getting the advance permission of the mayor or the police chief was “repugnant to the Constitution, and to that extent void.”

Even though this court decision was made more than a hundred years ago, it wasn’t until the past decade that similar permitless-carry laws began spreading to other states. Chris Cox, executive director of the NRA, explained at the NRA Carry Guard blog in February of 2018, “Beginning with Alaska in 2003, permitless carry has spread across the country with remarkable speed. Since 2010, several states have amended their [right-to-carry] statutes to allow permitless carry, including six states in the last two years alone. The momentum is gaining steam every day, with permitless carry bills being introduced in legislatures throughout the country. We expect even more states to adopt this approach in the coming years.”

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