Does Constitutional Carry Imply Reciprocity with Other States Permits?

 

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Does Constitutional Carry Imply Reciprocity with Other States Permits? iStock-697763612

U.S.A.-(AmmoLand.com)- Constitutional Carry has become a mainstream movement. The term means a state’s laws concerning the carry of weapons approximates the state of the law when the Second Amendment was ratified in 1791. At that time, no permits were required to carry weapons, openly or concealed.

17 states have restored a reasonable facsimile of Constitutional Carry. Vermont always had Constitutional Carry. Serious efforts are underway to restore Constitutional Carry in three other states in 2021, with various states of possibility in twenty other states.

Given the coming predominance of Constitutional Carry, what impact does it have on those with permits? How do Constitutional Carry states treat reciprocity issues?

Are permits still useful with Constitutional Carry?

Reciprocity is generally not an issue in Constitutional Carry states, because carrying a loaded handgun, openly or concealed is legal in most public places, most of the time.

However, the answers are not as simple and clear-cut as first they might appear. Some states have minor cut-outs which allow carrying with permits in some places where carry without permits is prohibited. For example, in Arizona, a permit is required to legally carry in a bar.  While Michigan is not a Constitutional Carry state yet, a permit is required to openly carry in a school, where concealed carry is prohibited.

There are three Constitutional Carry states which limit Constitutional Carry to residents.

Idaho, North Dakota, and Wyoming limit Constitutional Carry to residents only. This is a highly controversial and dubious distinction. It is likely to be challenged under the equal protection clause of the U.S. Constitution, the Fourteenth Amendment. No court cases under the equal protection clause are in progress, regarding Constitutional Carry, to my knowledge.

Permits from most states are recognized by most states, making a concealed carry permit a useful item when a person exercises their Second Amendment rights across state lines.

All 17 states which had a permit system in place before they restored Constitutional Carry have kept their permit system in place for those who find a permit useful for a number of reasons.

Vermont does not issue a permit.  States cannot honor a permit that does not exist.

Of the three Constitutional Carry states which claim to limit Constitutional Carry to residents, Idaho honors permits from all other states.

North Dakota recognizes permits from 37 states. Wyoming Recognizes permits from 40 states.

State law and reciprocity status are constantly changing. The following interpretations of reciprocity were obtained from online sources, and are subject to change and error. It is recommended that persons traveling to or through other states check their reciprocity law online before traveling.

The author is not a lawyer. This article is not legal advice.

Here is the reciprocity status for the 18 Constitutional Carry states:

  • Alaska – honors all other states permits.
  • Arizona – honors enhanced Resident and Non-Resident permits from Idaho, and all permits from all other states.
  • Arkansas – honors all other states permits. 
  • Idaho  – honors all other states permits.
  • Kansas  – honors all other states permits.
  • Kentucky  – honors all other states permits.
  • Maine  – honors resident permits from 27 states. Those are:

Alabama, Alaska, Arizona, Arkansas, Delaware, Florida, Georgia,, Idaho,  Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Mississippi, Nebraska, New Hampshire, North Carolina, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Utah, Virginia, and Wyoming.

  • Maine does not honor permits from 21 states. They are:  

California, Colorado, Connecticut, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, Montana, Nevada, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, South Carolina, Texas, Washington, West Virginia, or Wisconsin. 

  • Mississippi  – honors all other states permits.
  • Missouri – honors all other states permits.
  • Montana  – honors most other states permits. Does not honor permits from: 

Delaware, Hawaii, Maine, New Hampshire, and Rhode Island.

  • New Hampshire – honors permits from 28 states. Those are:

Alabama, Alaska, Arizona, Arkansas, Colorado, Florida, Georgia, Idaho,  Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Michigan, Mississippi, Missouri, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Dakota, Tennessee, Utah, Virginia, West Virginia and Wyoming.

  • New Hampshire does not honor permits from 20 states. They are:

California, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, South Carolina, Texas, Washington, or Wisconsin.

  • North Dakota – honors permits from most states.  North Dakota does not honor permits from 10 states. They are: 

California, Connecticut, Hawaii, Illinois, Maryland, Massachusetts, New Jersey, New York, Oregon, or Rhode Island. 

  • Oklahoma  – honors all other states  permits.
  • South Dakota  – honors all other states  permits.
  • Utah  – honors all other states permits.
  • West Virginia – honors permits from most states. West Virginia does not honor permits from:

California, Connecticut, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, New Jersey, New York, Oregon, or Rhode Island or Washington.

  • Wyoming – honors permits from most states. Wyoming does not honor permits from 13 states. They are:

California, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, New Jersey, New York, Oregon, Rhode Island, or Washington.

  • Vermont – Does not have a permit system, and does not honor permits from any other state.

As a Constitutional Carry state, it is not against the law to carry a weapon, openly or concealed, if there is no intent to commit a crime.


About Dean Weingarten:

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

Dean Weingarten

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Liston Matthews
Liston Matthews(@listontgmail-com)
8 months ago

Tennessee recognizes permits from all other states:
Tennessee now recognizes a facially valid handgun permit…issued by another state…and will…authorize the holder of such out-of-state permit or license to carry a handgun only in the state of Tennessee
https://www.tn.gov/safety/tnhp/handgun/reciprocity.html

StLPro2A
StLPro2A(@stlpro2a)
8 months ago

Wish some politician had the balls to introduce a bill that politicians have to prove proficiency in the Constitution/Bill of Rights and pass a background check EACH time they submit a proposed law.

Green Mtn. Boy
Green Mtn. Boy(@reen-mtn-boy)
8 months ago

Vermont – Does not have a permit system, and does not honor permits from any other state.

Because since 1791 and before,No free man needs a permit of any kind or form to bear arms,Period.

Tom
Tom(@clem)
8 months ago

I still don’t understand why the Full Faith and Credit Clause of the Constitution doesn’t apply.

Full Faith and Credit Clause
Article IV, Section 1:
Full faith and credit shall be given in each State to the public act, records, and judicial proceedings of every other State. And the Congress may, by general laws, prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.

Your driver’s license in good in every state. Why isn’t a CCW good in all states? Why is it needed at all?

Ansel Hazen
Ansel Hazen(@ansel-hazen)
8 months ago
Reply to  Tom

Been asking this for years now. Had to renew driver license this year. DMV lives in lockdown world so no in person renewals. State sets up online renewal. Didn’t have to prove a thing, just pay my $35 and a week later it showed up. Good for all 50 states.

Last December had to renew CCP. 6 pages of documentation of which 2 were releases for medical history. Because of where I am it gets me only one state away before I hit a wall of infringement. Only 29 states, of which 12 carry some sort of restrictions.

Ryben Flynn
Ryben Flynn
8 months ago

Just imagine the trouble there would be if the States had reciprocity agreements for Driver Licenses. Traffic stop Officer: “I see you’re from out of State. We don’t honor your DL, you’re under arrest.” Congress just needs to pass a law that the States shall recognize other State’s Permits. Oh, that was the National Reciprocity Act which never goes anywhere. Article IV Section 1. Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts,… Read more »

Last edited 8 months ago by Ryben Flynn
Quatermain
Quatermain(@quatermain)
8 months ago

I believe Idaho changed the non-resident Constitutional Carry ban last year when it dropped the CC age to 18 from 21. You might want to check that Dean as I think you are wrong on that point.

Sisu
Sisu(@sisu)
8 months ago
Reply to  Quatermain

Interesting; I do not have time to read Idaho law at present. However, I was going to note the NRA-ILA State Laws for Idaho specifically identify a number of NE states including NY which indicate that Idaho does not recognize issued CWLs. … Now I understand the need for politicians and residents of other state to draw “we – them” lines; it always makes the “wee” feel superior. But if the recent election demonstrated anything it is to doubt the integrity of the election process in demorat controlled states; and thus the legitmacy of those “governments” no matter how long… Read more »

Finnky
Finnky(@finnks)
8 months ago
Reply to  Sisu

To some extent whether to accept another states license or not is a bargaining chip. State government is supposed to represent and support residents of their state first. Texas originally wrote their LTC law to explicitly offer reciprocity to any other state which would accept our licenses. Standards for classwork and shooting qualification were set (AFAIK) to meet or exceed those of every other state – in fact meeting shooting qualification for law enforcement in most (all?) states. Idea was to leave no excuse for a state to not offer reciprocity and provide the greatest possible freedom for Texans. Thus… Read more »

Sisu
Sisu(@sisu)
8 months ago
Reply to  Finnky

Thanks for thoughtful reply. Two points –

i) there will always be corruption in any government process (recently NYC and surrounding counties licensing LEOs, CA “anti-gunner” politician, etc. – say one thing and then “sell yourself and the “CWL” or weapons for money”; “fast & furious” and similar “operations”; thousands of federal LE weapons “lost”. etc.); and

ii) well said and what “governors” need to start doing to erode the federal government’s presumed peremptory legitimacy: “… our goal should be to maximize universal freedom, so absent constitutional carry we should recognize all permits.”

Nam62
Nam62(@nam62)
8 months ago
Reply to  Quatermain

From  March 27, 2020 by AmmoLand Editor Jim Grant
 Idaho recognizes that ALL Americans have the right to carry in our state without a permit. Most states with Constitutional Carry do not have a so-called residency requirement and now Idaho won’t either!

Quatermain
Quatermain(@quatermain)
8 months ago
Reply to  Nam62

Thank you, I thought that was the case.

Grigori
Grigori(@grigori)
8 months ago

Thank You Dean, for another informative article. Do you have any info on The Peoples’ Republic Of Virginia? Seems a few years ago, they ceased honoring permits from SC. There was talk of rectifying that, but I never got the straight of it. Vermont was a beacon of hope and a model for Constitutional Carry for the nation. Until recently, their Constitutional Carry applied to citizens 16 and older. Sadly, their Legislature went crazy a couple or so years ago and began fixing much that was not broken. I never read of Vermont being a bastion of juvenile gun violence,… Read more »

Heed the Call-up
Heed the Call-up(@daveeckartverizon-net)
8 months ago
Reply to  Grigori

Virginia recognizes all other states’ concealed carry permits/licenses since July 1, 2016. We can thank our AG, Mark “Red” Herring for that. In the dead of night he canceled reciprocity with the others states, I believe it was about 26, it might have been more, creating felons out of any Virginia CHP holders that were in other states at that time, and anyone in Virginia that did not have a Virginia CHP, but had another state’s CC permit/license. Thankfully, we still had a Republican, non-RINO, majority in both houses, and the Democratic Governor, Terry McAuliffe, was forced to sign the… Read more »

musicman44mag
musicman44mag(@xman)
8 months ago

Convoluted B.S.. That’s why constitutional carry should be all across the USA and be the same for every state and be mandated by the federal government. Too many if’s, ands, butts, and maybe. This question was my question when Utah became a constitutional carry state. I ASSume that since they still issue permits that reciprocity will stay the same. I have a Oregone permit and you can see how many states don’t care that I have one so I have to get a Utah permit to carry in some states that I travel in. New Mexico is a stickler and… Read more »