Concealed carry or carrying a concealed weapon (CCW) is the practice of carrying a handgun on your body or in close proximity (in a purse or motor vehicle compartment) in public but in a concealed manner (not on a belt or holster that is visible).
The Second Amendment to the U.S. Constitution guarantees the right to keep and bear arms:
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
All 50 states have laws that allow qualified persons to carry a concealed weapon in public—either with a license or permit from a state or local authority or without a license or permit. And carrying a concealed weapon without a license or permit where one is required is a serious criminal offense. There is no federal statute regarding the concealed carry of weapons or the issuance of concealed carry permits.
States—also known as jurisdictions—have laws regarding the issuance of concealed carry licenses and permits that generally fall into one of four categories:
• Unrestricted Jurisdiction—a state or jurisdiction in which a license or permit is not required to carry a concealed weapon.
• Shall-Issue Jurisdiction—a state or jurisdiction that requires a license or permit to carry a concealed weapon—and if an applicant meets the criteria the state or jurisdiction is required to issue the license or permit.
• May-Issue Jurisdiction—a state or jurisdiction that requires a license or permit to carry a concealed weapon—but even if an applicant meets the criteria the local authorities (police or sheriff) have discretion in whether to issue the license or permit.
• No-Issue Jurisdiction— a state or jurisdiction that generally does not allow private citizens to carry concealed weapons—with few exceptions.
These laws and regulations vary widely from state to state, but most states are shall-issue jurisdictions.
Training Requirements
Some states require concealed-carry applicants to demonstrate or certify proficiency with a firearm as a condition of receiving a concealed carry license or permit. Courses that combine classroom and live-fire instruction are available to meet this requirement—and some states recognize an applicant’s prior military or police service as meeting the training requirement. Courses are generally able to be completed in a single day and the training certification is good for a period of time before it must be renewed.
Reciprocity or Mutual Recognition
The question of reciprocity or mutual recognition—whether a state or jurisdiction will recognize or honor a concealed carry license or permit from another state when the license or permit holder travels outside of the state or jurisdiction that issued it—is an important question and one that varies from state to state. Some states—such as Indiana, Kentucky, and Ohio—recognize all licenses or permits. Other states—such as Michigan—recognize all other states’ licenses or permits. But some states have special requirements for training courses and safety exams and do not honor licenses or permits from states without those requirements.
Some states waive the minimum age requirement (usually 21) for a concealed carry license or permit if the applicant is an active or honorably discharged member of the military or a police force—subject to the federal Law Enforcement Officers Safety Act (LEOSA) that allows qualified law enforcement officers or qualified retired or separated law enforcement officers to carry a concealed firearm in any state or jurisdiction in the U.S. regardless of state or local laws (with some exceptions).
Although a person may legally carry a concealed weapon in another state under a reciprocity agreement, they may be prosecuted by the federal government under the federal Gun Free School Zones Act if they carry a concealed weapon within 1000 feet of any K-12 school’s property line. But enforcement of this federal statute is rare because some states have nullification statutes that prohibit state law enforcement officers from enforcing federal firearms laws, and many states allow concealed carry with a license or permit. Some states, however, have similar state laws prohibiting guns in school zones that local law enforcement officers will enforce.
Restricted Premises
Although a concealed carry license or permit generally allows a license or permit holder to carry a concealed weapon in public places, there are some properties, facilities, or businesses in which a state, municipality, or other government authority may restrict the carrying of a firearm—whether concealed carry or open carry. Some examples of these properties include:
• Federal government facilities—post offices, federal court buildings, IRS offices, Veterans Administration (VA) hospitals and facilities, military facilities, Amtrak trains and facilities, Army Corps of Engineers-controlled property. Concealed carry of a firearm on land controlled by the federal Bureau of Land Management—federal parks and wildlife reserves—is legal (subject to state law), but concealed carry in restrooms or other buildings or structures on such property is prohibited.
• State and local government facilities—courthouses, police stations, correctional facilities (jails and prisons), Department of Motor Vehicles (DMV), Department of Transportation (DoT)—sometimes with exceptions for judges, lawyers, and government officials.
• Businesses that sell alcohol—many states have laws that prohibit the concealed (or open) carry of a weapon into bars, restaurants, or other establishments that serve alcohol—even with a concealed carry license or permit, and even if the license or permit holder is not drinking alcohol.
• Churches—most states allow concealed carry of weapons in churches and other places of worship—although some require permission from the pastor, religious leader, church, or place of worship. Only two states—Louisiana and Nebraska—prohibit concealed carry in churches and places of worship.
• Hospitals and nursing homes—many states have laws that prohibit the concealed (or open) carry of a weapon on the premises of licensed hospitals and nursing homes—and require such facilities to post signs giving persons notice that weapons are prohibited.
• Schools—elementary schools, secondary schools, colleges, and universities. Some states and municipalities prohibit firearms within a certain distance (such as 1,000 feet) of schools, but some states and municipalities only prohibit firearms within buildings or structures on school grounds and allow concealed carry for the limited access needed to drop-off students. Colleges and universities have policies for concealed carry on campus (known as campus carry) and these vary from school to school and state to state.
• Mass transit—mass transit vehicles and facilities (buses, trains, subways) may limit or prohibit weapons—check with the local transit authority.
• Airport security areas—*firearms are generally prohibited at airports beyond security screening checkpoints. *You may transport unloaded firearms in a locked hard-sided container as checked baggage only. *Declare the firearm and ammunition to the airline when checking your bag at the ticket counter. *The container must completely secure the firearm from being accessed. *Locked cases that can be easily opened are not permitted. *Be aware that the container the firearm was in when purchased may not adequately secure the firearm when it is transported in checked baggage. *When traveling, comply with the laws concerning possession of firearms as they vary by local, state and international governments. *If you are traveling internationally with a firearm in checked baggage, please check the U.S. Customs and Border Protection website for information and requirements prior to travel. *Declare each firearm each time you present it for transport as checked baggage. *Ask your airline about limitations or fees that may apply. *Firearms must be unloaded and locked in a hard-sided container and transported as checked baggage only. *As defined by 49 CFR 1540.5 (Code of Federal Regulations) a loaded firearm has a live round of ammunition, or any component thereof, in the chamber or cylinder or in a magazine inserted in the firearm. *Only the passenger should retain the key or combination to the lock unless TSA personnel request the key to open the firearm container to ensure compliance with TSA regulations. *You may use any brand or type of lock to secure your firearm case, including TSA-recognized locks. *Bringing an unloaded firearm with accessible ammunition to the security checkpoint carries the same civil penalty or fine as bringing a loaded firearm to the checkpoint. *Firearm parts, including magazines, clips, bolts and firing pins, are prohibited in carry-on baggage, but may be transported in checked baggage. *Replica firearms, including firearm replicas that are toys, may be transported in checked baggage only. *Rifle scopes are permitted in carry-on and checked baggage. *Ammunition is prohibited in carry-on baggage but may be transported in checked baggage. *Firearm magazines and ammunition clips, whether loaded or empty, must be securely boxed or included within a hard-sided case containing an unloaded firearm. See the requirements governing the transport of ammunition in checked baggage as defined by 49 CFR 175.10 (a)(8). *Small arms ammunition (up to .75 caliber and shotgun shells of any gauge) must be packaged in a fiber (such as cardboard), wood, plastic, or metal box specifically designed to carry ammunition and declared to your airline. *Ammunition may be transported in the same hard-sided, locked case as a firearm if it has been packed as described above. *You cannot use firearm magazines or clips for packing ammunition unless they completely enclose the ammunition. *Firearm magazines and ammunition clips—whether loaded or empty—must be boxed or included within a hard-sided, locked case. *Check with your airline for quantity limits for ammunition.
• Nongovernment facilities with increased security—banks, nuclear plants, power plants, oil and gas production facilities, factories.
• Professional sporting events—stadiums and arenas—although concealed carry restrictions may only apply for a period of time before, during, and after an event.
• Amusement parks—amusement parks and theme parks often prohibit weapons on the premises—whether concealed carry or open carry. These facilities are generally located on private property and therefore entry is subject to restrictions placed by the owner or lessee.
• Aircraft, ships, taxis, and other common carriers—weapons on aircraft, ships, taxis, and other common carriers are generally prohibited by federal, state, and local laws and regulations—with few exceptions for security personnel. A person on a private aircraft, ship, or boat may be able to lawfully carry a concealed weapon if in compliance with state and local laws—and regulations of airports, docks, harbors, or other places. Taxi drivers and ride-share drivers (Uber, Lyft) may be prohibited from carrying a concealed weapon by state or local laws or regulations, by their employer’s policies, or the terms and conditions they agree to when signing up to drive (Uber, Lyft).
• Posted Private property—where the owner or lessee of the property has posted a sign or verbally stated that firearms are not allowed on the property.
• Public places while under influence of alcohol or drugs—it is usually a crime under state law to possess a firearm while under the influence of alcohol or drugs—including prescription medications—and not within the scope of a license or permit for concealed carry.
• Political event venues—voting or polling places, rally locations, debate locations, parade locations.
Opt-Out Statutes/Gun-Free Zones
Some states have laws that allow private businesses to post a sign prohibiting the concealed (or open) carry of a weapon on the premises. These laws vary from state to state—including the language required on the sign—and in some states the violation of such a gun-free zone is grounds for revocation of the offender’s license or permit and prosecution for a related crime. But in other states the offender may only be subject to a simple trespass charge or may be banned from the premises for some period of time.
Federal Gun Free School Zones Act
The federal Gun Free School Zones Act prohibits a person from possessing a firearm within 1,000 feet of a place a person knows or has reasonable cause to believe is a K-12 school (public, private, or parochial). See 18 U.S.C. §921. A state nullification statute (prohibiting local law enforcement from enforcing federal firearms laws) and state concealed carry licenses and permits may mean this federal law is rarely enforced—though it is enforceable.
Brandishing
Brandishing a firearm is a criminal offense (crime) in most states or jurisdictions. The definition of brandishing varies among states and jurisdictions but generally involves pointing or exhibiting a firearm in a rude, angry, or threatening manner in the presence of another person and while not acting in self-defense. For example, pulling back a jacket to expose a holstered gun would generally constitute brandishing a firearm.
Printing
Printing refers to the outline of a firearm being visible through clothing—raising the question of whether the firearm is concealed, as required by a concealed carry license or permit. Although no state has a law against printing, it may be in bad taste and may be bad judgment, as even a person with a proper concealed carry license or permit will often be confronted by law enforcement officers when printing a firearm. Besides inviting unwanted attention, a person printing their firearm through clothing may be asked to leave the establishment or may be unjustly arrested.
Printing should not be confused with 3D printing of a firearm—which uses a 3D printer to create a firearm that may be functional.
In Texas, concealed carry of a handgun is regulated under a 'shall-issue' jurisdiction, meaning that the state is required to issue a license to carry a concealed handgun (LTC) to applicants who meet certain criteria. These criteria include being at least 21 years old (with exceptions for military members), passing a background check, and completing a required training course that covers firearm safety and the legal aspects of carrying a handgun. Texas does not require a permit to carry a handgun openly or concealed for individuals 21 years of age or older who are not otherwise prohibited from possessing a firearm under state or federal law. Texas has reciprocity agreements with many other states, recognizing concealed carry permits from states that meet certain criteria. However, there are places where carrying a concealed weapon is restricted, such as schools, government buildings, and establishments that serve alcohol. It's important for concealed carry license holders to be aware of these restrictions to avoid legal issues. Additionally, the federal Gun Free School Zones Act applies, which prohibits carrying a firearm within 1000 feet of a school zone, with certain exceptions. Brandishing a firearm in a threatening manner is a criminal offense in Texas, and while there is no specific law against 'printing' (the visible outline of a firearm under clothing), it is generally advised to avoid doing so to prevent public alarm and potential law enforcement encounters.
