Constitutional Carry - Gotcha

Rules for possession and carry of firearms continue to change drastically year after year. Anti-gun states like California and New York continue to apply ever more stringent regulations for their citizens and visitors alike. On the opposite end of the spectrum, Constitutional or Permitless carry continues to gain traction across the country. As a responsible gun owner it is imperative to know what the laws for possession and carry are, not just in your home state, but also in the places you travel.

What is Constitutional (Permitless) Carry? Basically, it is the right to carry a firearm openly or concealed without a state issued permit as long as the carrier is not prohibited from possessing a firearm under federal or state law. Such carry grants considerable freedom to law abiding citizens so they can carry a firearm how they choose without needing to pay for expensive classes, permits, and waiting periods to obtain their license.

Detractors say not requiring a permit prevents citizens from understanding their rights and responsibilities when carrying a firearm by obtaining proper training and going through a background check. What they do not understand is that bad guys will carry regardless of what the law requires, law abiding and responsible citizens will (should) obtain training regardless of what the law requires, and that some states issue permits without requiring a class anyway. Washington State only requires a state background check, fingerprints, 50 bucks, and not being a prohibited possessor. Whereas in Arizona (a Constitutional Carry state) additionally requires a class and a proficiency test  to obtain their permit; there is no standard for permit issuance across the country.

Should you obtain a permit if you live in a Constitutional Carry state? All Constitutional Carry states except Vermont still issue a permit to carry for reasons I will explain. Obtaining a permit despite Constitutional Carry has a couple of benefits:

First, you will have fewer issues carrying across state lines due to reciprocity between states (reciprocity is an agreement between states whether they will recognize each other's permits). As carry laws vary dramatically from state to state, having a permit will generally allow you to continue to continue carrying without running afoul of that state's laws. (There is a major caveat which I will get to in a minute).

Second, you may be able to gain exemptions for carry restrictions in your home state. In Arizona, if you carry in areas where alcohol is consumed on-site (doesn't have to be a bar) you are required to have a carry permit, carry concealed, do not consume alcohol, and there can be no gun-buster signs. Other states like Missouri go further where permit less carry exists statewide, but if you do not have a permit you will be subject to city level bans on open carry as unlicensed open carry is not covered by the state's preemption statute.

What about restrictive states? Traveling between gun friendly states can be straightforward, but remember - when it comes to gun laws, crossing state lines is often like crossing a national boundary. Several states do not recognize permits of any kind from any state and confer no benefits to visitors. This is why it is extremely important to know what the laws are in the places you travel. You might find yourself facing a felony just for bringing a magazine that contains more than 10 rounds or for simply having a firearm in your possession. There is one piece of good news though: Federal law contains a special provision for traveling with firearms across state lines:

Under United States Code Title 18 Section 926A, any person who is legally able to possess a firearm may transport that firearm from a location where it was legally possessed to any location where it will be legally possessed if it is in a locked container and is separated from any ammunition. To ensure compliance, unload all firearms and magazines, store them in separate locked containers, and secure them in a locked compartment within the vehicle if possible. The condition has to be that you are going someplace where you can lawfully own your firearms and ammunition. So if you stop overnight, federal protection expires (there is reportedly a piece of legislation in the works to amend this little gotcha).

As someone who travels across state lines a few times a year, I typically do the following:

• Check if my permits are recognized
• Check limitations on where or how I can carry (open, concealed, vehicle carry, gun free zones, and trespass laws) with or without a permit
• Have someplace I can store my firearm and ammunition to be compliant with the federal protections above
• Check deadly force laws - namely if there is a duty to retreat
• If the regulations are particularly onerous (California), I typically just leave my firearms behind 

If all of this sounds complicated, it is. As a responsible gun owner it is IMPERATIVE that you understand not only your state's laws, but the places you travel as well. I made this statement several times throughout this post to make a very clear point. If you live in a Constitutional Carry state and choose to carry without a permit, the gotchas that exist outside your home state (even within your state) can be a lot more significant.