How Many States Allow Open Carry: A Current Guide

Table of Contents

1. Introduction
2. The Different Categories of Open Carry Laws
3. How Many States Allow Open Carry Without a Permit?
4. States That Require a Permit for Open Carry
5. States Where Open Carry is Prohibited
6. Federal Lands: National Parks vs. National Forests
7. Practical Considerations for Open Carry Gear
8. Open Carry vs. Concealed Carry in the Outdoors
9. Safety and Responsibility
10. Conclusion
11. FAQ

Introduction

Standing at a trailhead in the backcountry or setting up camp in a remote wilderness area often brings the topic of self-defense to the forefront. Whether you are concerned about predatory wildlife or simply prefer the accessibility of a sidearm while wearing a heavy rucksack, understanding the legality of your carry method is essential. At BattlBox, we believe that being prepared means more than just having the right gear; it means having the right knowledge to use that gear responsibly and legally. If you want gear chosen for the field, get a BattlBox subscription and keep reading. This guide provides a detailed look at how many states allow open carry, the different legal classifications you will encounter across the country, and the practical gear considerations for carrying in the outdoors. We will break down the current landscape of firearm laws so you can stay compliant while staying protected on your next adventure.

Quick Answer: Currently, 45 states allow some form of open carry for firearms. However, the regulations vary significantly, with 36 states generally allowing open carry without a permit, while others require a license or have significant local restrictions.

The Different Categories of Open Carry Laws

Before counting exactly how many states allow open carry, we must define the different legal frameworks used in the United States. For a broader preparedness mindset, The Survival 13 is a useful companion read. Firearm laws are not uniform, and what is legal in one state could result in a felony charge just across the border. Generally, states fall into one of four categories regarding open carry.

Permitless or Constitutional Open Carry

In these states, any law-abiding citizen who can legally possess a firearm is allowed to carry it openly without needing a government-issued permit. This is often referred to as "Constitutional Carry." In these jurisdictions, the act of carrying a firearm in plain view is seen as a right that does not require additional administrative hurdles.

Licensed Open Carry

Several states allow you to carry a firearm openly, but only if you possess a valid handgun license or permit. If you want a deeper gear-focused look at carry setup, How to Choose a Concealed Carry Holster is a helpful companion. In many cases, the permit required for open carry is the same one used for concealed carry. If you are caught carrying openly without this document in these states, you may face legal penalties even if you are otherwise legally allowed to own the weapon.

Anomalous Open Carry

Anomalous states are those where open carry is technically legal under state law, but local governments are allowed to pass their own restrictive ordinances. For example, a state might allow open carry generally, but its largest cities may ban it entirely. This creates a patchwork of laws that can be very difficult for a traveler or hiker to navigate without extensive research into local municipal codes.

Non-Permissive or Prohibited

In a small number of states, open carry is almost entirely prohibited. These states generally require firearms to be transported unloaded and in a locked container, or they only allow carry in a concealed manner with a highly restrictive permit. Even in these states, there are sometimes narrow exceptions for activities like hunting or target shooting.

How Many States Allow Open Carry Without a Permit?

As of 2024, the trend in the United States has moved toward more permissive carry laws. Currently, 36 states generally allow the open carry of a handgun without a permit. It is important to note that while these states allow the practice, they may still have "gun-free zones" such as schools, government buildings, or private businesses that post "no firearms" signs.

States that generally allow permitless open carry include:

• Alabama, Alaska, Arizona, Arkansas, Colorado, Delaware, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, and Wyoming.

Note: Pennsylvania is considered an "anomalous" state by some because while open carry is legal without a permit in most of the state, a permit is required to carry openly in Philadelphia (a "city of the first class").

States That Require a Permit for Open Carry

There are several states where open carry is legal, but only if you have a state-issued license. If you are an outdoor enthusiast traveling between states, you must be aware of reciprocity laws. This refers to whether one state recognizes the carry permit issued by another state.

States requiring a permit for open carry include:

• Connecticut
• Georgia (Note: Georgia recently moved to permitless carry, but many still carry their license for reciprocity purposes).
• Maryland (Extremely restricted; permits are difficult to obtain).
• Massachusetts (Requires a License to Carry).
• Minnesota
• New Jersey (Highly restrictive).
• Rhode Island

In these jurisdictions, the permit must typically be on your person at all times while carrying. Always verify the specific requirements for your destination, as some states require the holster to meet certain retention standards if carrying openly with a permit.

States Where Open Carry is Prohibited

Only a handful of states effectively ban the open carry of handguns in most public spaces. These states generally favor concealed carry (with a permit) or have very strict regulations on any form of public carry.

States that prohibit open carry include:

• California
• Florida (With significant exceptions for outdoor activities).
• Illinois
• New York
• District of Columbia (Not a state, but follows strict prohibitions).

The Florida Exception for Outdoorsmen

Florida is a unique case that every camper and fisherman should know. While open carry is generally illegal in Florida, state statute 790.25(3)(h) allows for the open carry of a firearm while engaged in, or going to and from, fishing, hunting, or camping. This is a vital distinction for members of our community who spend time in the Florida scrub or on the water, and BattlBox's Camping collection keeps the rest of your kit aligned with the trip.

Key Takeaway: While 45 states allow open carry in some form, the "how" and "where" are dictated by a complex mix of state statutes and local ordinances. Never assume the laws of your home state apply when you cross a state line.

Federal Lands: National Parks vs. National Forests

For those of us who spend our time in the dirt, the laws regarding federal lands are often more relevant than city ordinances. In 2010, federal law changed to align the firearm regulations of National Parks and National Wildlife Refuges with the laws of the state in which the park is located.

1. National Parks: If open carry is legal in the state where the National Park sits, it is generally legal within the park boundaries. However, firearms are still prohibited inside federal buildings (like visitor centers or ranger stations).
2. National Forests (USFS) and BLM Land: These areas generally follow state laws as well. However, there are often specific regulations regarding "discharging" a firearm. You can usually carry for self-defense, but target shooting may be restricted to certain areas or seasons. If you spend time on public land, water purification gear is another smart layer to think about.
3. Army Corps of Engineers Land: This is a common trap for campers. The Army Corps of Engineers has its own set of federal regulations that often prohibit the possession of firearms on their land and water, regardless of state law.

Before you head out:

• Identify which agency manages the land where you will be camping.
• Check the specific "Superintendent’s Compendium" for National Parks, as they can sometimes have unique safety closures.
• Ensure your holster is secure enough for the terrain you will be traversing.

Practical Considerations for Open Carry Gear

When you choose to carry openly, your gear requirements change significantly compared to concealed carry. Because the firearm is visible, it is subject to the elements and potential "snatch" attempts. At BattlBox, we emphasize the importance of retention and durability in your carry system, so it makes sense to keep your BattlBox subscription active for gear that matches real-world conditions.

Retention Holsters

A holster with active retention is a non-negotiable for open carry. In a concealed carry scenario, the "concealment" is your primary security. If you trip on a steep trail or get into a physical altercation, you need a holster that holds the gun in place. If you want a deeper look at another carry style, Can You Conceal Carry with a Shoulder Holster? breaks down another setup.

• Level 1 Retention: Uses friction only. This is generally insufficient for open carry in public or rugged environments.
• Level 2 Retention: Features a mechanical lock, such as a thumb break or a button (like the SLS or ALS systems), that must be deactivated to draw the weapon.
• Level 3 Retention: Requires two distinct mechanical actions to release the gun. This is the standard for most law enforcement officers.

Belt Strength

A standard leather dress belt will sag under the weight of a full-sized handgun, especially when you add a spare magazine or a bushcraft survival card to your kit. Look for a stiffened EDC belt or a dedicated tactical belt. These are often reinforced with a polymer or steel core to prevent twisting and to keep the firearm in a consistent position for a clean draw.

Weather Protection

Open carry exposes your firearm to rain, mud, and dust. If you are carrying in the backcountry, you must be more diligent about your maintenance routine. A Powertac E3R Nova - 820 Lumen Rechargeable Flashlight is also a smart addition when the sun drops and you still need to see your surroundings.

• Use a holster that covers the trigger guard completely.
• Consider a firearm finish like Cerakote or Nitride that resists corrosion.
• Wipe down your sidearm with a light coat of oil every night when you return to camp.

Bottom line: Open carry requires a higher level of gear awareness and situational responsibility than concealed carry because the firearm is exposed to both the environment and the public eye.

Open Carry vs. Concealed Carry in the Outdoors

Deciding how to carry is a personal choice that depends on your environment and your comfort level. Both methods have distinct advantages for the outdoor enthusiast. If you are still dialing in your carry setup, What is the Most Comfortable Concealed Carry Holster? is a useful next read.

The Case for Open Carry

For many hikers, the primary argument for open carry is accessibility. If you are surprised by an aggressive animal, every fraction of a second counts. Clearing a rain shell, a backpack waist belt, and a base layer to reach a concealed firearm is difficult under stress. An open-carry holster mounted to your belt or a chest rig puts the grip of the pistol in the exact same place every time.

The Case for Concealed Carry

The primary argument for concealed carry is discretion. If you are hiking in a state park that is popular with families and tourists, open carry might lead to unwanted attention or "man with a gun" calls to local rangers. Concealing your firearm allows you to enjoy the trail without becoming a focal point of conversation. A discreet option like the Covert Pistol Planner - Discreet Carry fits that mindset well.

Key Takeaway: Your carry method should be dictated by the specific environment. A chest rig might be perfect for a multi-day trek in the Rockies, while a concealed IWB (Inside the Waistband) holster is better for a populated day-hike near a city.

Safety and Responsibility

Carrying a firearm openly carries a significant weight of responsibility. Because you are representing the community of gun owners to the public, your demeanor and safety habits must be beyond reproach. That same mindset shows up in Mission 131 - Breakdown, where gear choices are made to perform when conditions are not ideal.

1. Muzzle Discipline: Ensure your holster is designed to hold the firearm at an angle that does not point the muzzle at your own body or others while you are sitting or moving.
2. Situational Awareness: You must be more aware of your surroundings to ensure no one attempts to grab your firearm. This is why active retention holsters are so important.
3. Know the Boundaries: Use apps or maps to know exactly when you are crossing from a National Forest into a National Park or across state lines. Legal boundaries are rarely marked with signs on the trail.
4. Training: Carrying a gun is only half the battle. You must practice drawing from your specific holster while wearing your hiking pack and gear.

Myth: "Open carry makes you the first target in a confrontation." Fact: There is very little statistical evidence to support this. Most defensive gun uses occur so quickly that the "deterrent effect" or "target priority" of open carry is secondary to the speed and skill of the person carrying the firearm.

Conclusion

Understanding how many states allow open carry is just the first step in being a responsible, prepared outdoorsman. While 45 states allow it in some capacity, the specific nuances of permitless carry, licensed carry, and anomalous local laws require your constant attention. Whether you are carrying for protection against four-legged predators in the wilderness or for self-defense in more populated areas, your choice of gear and your knowledge of the law are your most important tools. When you're thinking about the rest of your emergency loadout, the Fire Starters collection is a smart place to keep building.

At BattlBox, we are committed to helping you build the kit and the skills you need for any scenario. From high-retention holsters to the everyday carry essentials that keep you ready for the unexpected, our missions are designed to provide gear that performs when it matters most. If you want to keep that kind of gear coming, our EDC collection is a strong place to start.

• Verify the laws of your specific state and any state you plan to visit.
• Invest in a high-quality retention holster for open carry.
• Practice your draw and retention skills regularly.
• Stay updated on changing legislation, as firearm laws are frequently updated.

Key Takeaway: Preparation is a lifestyle, not a one-time event. Keep your gear maintained, your skills sharp, and your knowledge current.

If you're ready to keep building your kit with field-tested gear, subscribe to BattlBox.

FAQ

How many states allow permitless open carry?

Currently, 36 states generally allow law-abiding citizens to openly carry a handgun without a permit. These states recognize "Constitutional Carry" or have specific statutes that do not require a license for firearms in plain view. However, local restrictions and "gun-free zones" still apply in these jurisdictions.

Can I open carry in a National Park?

Open carry is generally legal in National Parks if it is legal in the state where the park is located. This law, enacted in 2010, requires federal parks to follow the firearm statutes of their host state. You must still avoid carrying inside federal buildings, such as visitor centers, which are clearly marked as prohibited areas.

Do I need a specific holster for open carry?

While some states do not legally mandate a specific type of holster, using one with active retention (Level 2 or Level 3) is highly recommended. Active retention ensures the firearm stays secure during physical activity like hiking or climbing and prevents unauthorized access by others. A sturdy, purpose-built gun belt is also necessary to support the weight of the firearm.

Does open carry require a background check?

Open carry itself is a method of transport and does not require a background check. However, the purchase of the firearm you are carrying likely required a background check through a Federal Firearms Licensee (FFL). Additionally, you must be a person who is legally allowed to possess a firearm under both state and federal law to carry openly in any jurisdiction.