How Many States Are Open Carry

Table of Contents

1. Introduction
2. Defining Open Carry in the Modern Landscape
3. How Many States Are Open Carry Without a Permit?
4. States That Require a License for Open Carry
5. Anomalous and Prohibited States
6. The Constitutional Carry Connection
7. Open Carry in the Backcountry vs. Urban Areas
8. Essential Gear for Open Carry
9. Traveling and Reciprocity
10. Safety and Ethics of Open Carry
11. Why Knowledge is the Best Gear
12. Conclusion
13. FAQ

Introduction

Walking into the backcountry often involves more than just a backpack and a pair of boots. For many outdoorsmen, a sidearm is a standard piece of gear for protection against predators or for general self-reliance in remote areas. However, the rules for how you carry that firearm change the moment you cross a state line or enter a different jurisdiction. At BattlBox, we believe that being prepared means more than just having the right equipment; it means having the knowledge to use it legally and safely. Whether you are a hiker, a camper, or an Everyday Carry (EDC) enthusiast, understanding the legal landscape of firearm carry is a vital skill. This post explores the current state of open carry laws across the United States to help you stay compliant while you explore. We will break down which states allow open carry, the different legal categories, and the gear you need to carry responsibly.

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Quick Answer: Currently, 36 states allow permissive open carry, meaning no permit is required for most adults. Another 7 states allow open carry only with a permit, while the remaining states either have complex local restrictions or prohibit the practice entirely.

Defining Open Carry in the Modern Landscape

Before diving into the numbers, we must define what open carry actually means. Open carry refers to the practice of wearing a firearm in a way that is visible to the public. This is usually done with a holster on the hip, but it can also include a firearm in a shoulder holster or even a long gun carried openly.

It is distinct from concealed carry, which involves keeping the weapon hidden from view, typically under a jacket or inside the waistband. The legal requirements for these two methods are often very different. While many states have moved toward "Constitutional Carry"—which allows for both open and concealed carry without a government-issued permit—others still maintain strict divisions between the two.

The Four Legal Categories

Lawmakers generally categorize open carry into four groups. Understanding these will help you interpret the map as you plan your next road trip or hunting expedition.

1. Permissive States: These states allow open carry for any law-abiding citizen who can legally possess a firearm. No permit or license is required.
2. Licensed States: In these areas, you can carry openly, but only if you possess a state-issued permit. This is often the same permit required for concealed carry.
3. Anomalous States: These states have laws that are technically permissive at the state level, but they allow local municipalities (like cities or counties) to set their own more restrictive rules.
4. Non-Permissive/Prohibited: These states generally prohibit the open carry of firearms in public places, with very few exceptions for specific activities like hunting.

Key Takeaway: Open carry laws are not uniform; they range from completely unregulated at the state level to strictly prohibited depending on your exact location.

How Many States Are Open Carry Without a Permit?

As of 2024, the number of states that allow permissive open carry stands at 36. These states do not require a resident or a visitor (who is legally allowed to own a firearm) to obtain a license to carry a handgun openly. This trend has grown significantly over the last decade as more states adopt "Constitutional Carry" legislation.

The states currently in the permissive category include:

• Alabama, Alaska, Arizona, Arkansas, 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 (with exceptions for Philadelphia), South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.

It is important to note that even in these states, there are "gun-free zones." These typically include schools, government buildings, and private businesses that post signs prohibiting firearms. Always look for signage before entering any establishment.

States That Require a License for Open Carry

Not every state that allows open carry makes it a "right" without paperwork. There are 7 states where open carry is legal, but only if you have a valid Concealed Carry Weapon (CCW) permit or a similar state-recognized license.

These states are:

• Connecticut
• Hawaii
• Maryland
• Massachusetts
• Minnesota
• New Jersey
• Rhode Island

In these states, if you are caught carrying a firearm openly without your license on your person, you could face significant legal penalties. Some of these states are also "may-issue" or "shall-issue" jurisdictions, meaning the difficulty of obtaining that license varies wildly. For example, while it is technically legal in Hawaii or New Jersey with a permit, those permits were historically very difficult to obtain until recent Supreme Court rulings.

Anomalous and Prohibited States

A few states don’t fit neatly into the "yes" or "no" boxes. These are often the most confusing for travelers and outdoor enthusiasts.

Anomalous States

In states like Oregon, the state law generally allows for open carry. However, the law also allows cities to pass their own ordinances. If you are hiking in a remote part of Oregon, you might be perfectly fine. If you wander into the city limits of Portland or Beaverton, you could be in violation of a local ban. Pennsylvania functions similarly; open carry is legal state-wide without a permit, except in Philadelphia, where a license is required.

Prohibited States

Currently, open carry is generally prohibited in:

• California
• Florida
• Illinois
• New York
• District of Columbia (D.C.)

Myth: You can never carry a gun openly in Florida. Fact: While Florida prohibits general open carry, there is a specific exception for individuals engaged in or traveling to and from fishing, hunting, or camping.

The Constitutional Carry Connection

You will often hear the term Constitutional Carry used interchangeably with open carry. It is important to distinguish the two. Constitutional Carry means that the state allows citizens to carry a firearm (usually both openly and concealed) without needing a permit.

Currently, 29 states have passed some form of Constitutional Carry. Most of these states fall into the "Permissive" open carry category. This movement has simplified the process for many outdoorsmen who want to carry a sidearm for protection without navigating a complex web of permit applications. However, just because a state is a Constitutional Carry state doesn't mean all restrictions are gone. Age requirements, usually 18 or 21, still apply, and "prohibited persons" (such as those with felony convictions) are still barred from carrying.

Open Carry in the Backcountry vs. Urban Areas

For the members of our community, the context of carrying often matters more than the act itself. Carrying a fixed-blade knife and a sidearm on a remote trail in the Rockies feels very different than doing so on a crowded city sidewalk.

The Case for Open Carry Outdoors

When you are deep in the woods, open carry is often more practical than concealed carry.

1. Accessibility: If you are wearing a heavy backpacking pack with a waist belt, a concealed holster inside your waistband is nearly impossible to reach. An open-carry holster attached to your pack or a dedicated chest rig makes the firearm accessible in an emergency.
2. Comfort: In hot weather or during high-activity treks, a firearm against the skin can cause chafing and discomfort. Carrying openly in an external holster allows for better airflow and movement.
3. Deterrence: While debated, many believe that a visible firearm can act as a deterrent to certain types of wildlife or human threats.

If you are building out a trail-ready loadout, the Camping collection is a smart place to start.

Urban Considerations

Open carry in a city or town brings different challenges. It can draw unwanted attention and may make you a "first target" in a tactical sense. Furthermore, the legal scrutiny is much higher. In a rural county, a deputy might not give a visible holster a second look. In a metropolitan area, it may lead to a "man with a gun" call and a stressful interaction with law enforcement.

For trail and water-focused carry, the Hunting & Fishing collection is worth a look.

Essential Gear for Open Carry

If you choose to carry openly, your gear selection becomes even more critical than when carrying concealed. You cannot simply stick a handgun in your pocket. We often see members looking for high-performance gear in our BattlVault, and holsters are at the top of that list.

The Importance of Retention

When a firearm is visible, it is accessible to everyone around you, not just yourself. This makes retention the most important feature of an open-carry holster. Retention is measured in levels:

• Level 1: Uses friction to hold the gun. This is generally not recommended for open carry in public.
• Level 2: Features a mechanical lock, such as a thumb break or a button, that must be deactivated to draw the weapon.
• Level 3: Includes multiple locking mechanisms. This is the standard for most law enforcement officers.

Note: If you are open carrying in a public space, a Level 2 or Level 3 retention holster is highly recommended to prevent someone from grabbing your firearm from behind.

For a broader preparedness refresher, The Survival 13 is a solid companion piece.

Holster Placement

For the hiker or camper, where you put the gun matters.

• Oversized Belt Holsters: Ensure you have a stiff, high-quality gun belt. A standard leather belt will sag under the weight of a full-size handgun.
• Chest Rigs: These are excellent for fly-fishing or backpacking, as they keep the gun clear of your gear and water.
• Drop-Leg Holsters: These move the firearm down to the thigh. They are popular in tactical circles but can be cumbersome during long-distance hiking.

Traveling and Reciprocity

One of the biggest mistakes a prepared individual can make is assuming their home state’s laws follow them across the border. Reciprocity refers to an agreement between states to recognize each other's carry permits.

However, reciprocity usually applies to concealed carry permits. For open carry, you are subject to the laws of the state you are physically standing in. Step 1: Research the laws of every state you will pass through. Step 2: Check for specific local ordinances in major cities on your route. Step 3: If a state requires a permit for open carry, verify if they recognize your home state’s permit. Step 4: When in doubt, or when entering a restrictive state, unload the firearm and store it in a locked container according to federal transport laws (FOPA).

If you travel often, the Emergency Preparedness collection is a smart next step.

Bottom line: Your right to carry openly stops at the state line unless the next state's laws explicitly allow it.

Safety and Ethics of Open Carry

Just because you can do something doesn't always mean you should. Open carry carries a heavy social and legal responsibility.

Situational Awareness: When you carry openly, you must be 100% aware of your surroundings at all times. You cannot "zone out" in a checkout line if you have a firearm visible on your hip. You must maintain a "360-degree" awareness to ensure your weapon remains secure.

Interacting with Law Enforcement: If you are stopped by police while carrying openly, keep your hands visible and away from the firearm. Inform the officer that you are armed and where the weapon is located. Follow their instructions calmly. In most permissive states, carrying openly is not "reasonable suspicion" for a stop, but officers may still engage you if they receive a call.

Training: Skill with your firearm is non-negotiable. This includes "retention training"—learning how to protect your gun if someone tries to take it—and regular draw practice from your specific open-carry holster.

The Medical & Safety collection is a good reminder that preparedness includes more than just the gear on your belt.

Why Knowledge is the Best Gear

At our core, we are about more than just boxes of gear. We are about the community of people who want to be ready for anything. Whether we are shipping a high-end blade from a brand like SOG or Kershaw, or providing the Fire Starters collection to help you start a fire in a downpour, the goal is always self-reliance.

Understanding the laws regarding how many states are open carry is a part of that self-reliance. It prevents legal trouble that could end your outdoor adventures permanently. It also ensures that when you do carry, you do so in a way that reflects well on the community of outdoorsmen and women.

If that kind of readiness is your style, choose your BattlBox subscription.

Practical Steps for the Prepared Citizen

1. Get a Permit: Even if you live in a permissive state, obtaining a concealed carry permit often grants you reciprocity in other states and makes the legal process smoother if you are ever questioned.
2. Invest in a Retention Holster: Do not carry openly in a "click-in" friction holster. Buy a holster with at least a thumb-release mechanism.
3. Stay Updated: Laws change every year. Use reputable legal aggregators to check the status of carry laws before any major trip.
4. Practice Your Draw: Practice clearing your garment (if any) and deactivating your retention locks until it becomes muscle memory.

For more gear demos and field tips, browse our videos.

Key Takeaway: Preparation is a combination of the right gear, the right skills, and the right legal knowledge.

Conclusion

Navigating the legalities of open carry is a significant part of modern outdoor preparation. Currently, 36 states offer a permissive environment for open carry, reflecting a broad national trend toward recognizing carry rights without a permit. However, the patchwork of licensed, anomalous, and prohibited jurisdictions means that the burden of knowledge falls squarely on you. Whether you are carrying for protection against four-legged predators on a mountain pass or simply as part of your daily EDC, always prioritize high-quality retention gear and stay informed on local regulations. Protecting Our Outdoors is part of that same mindset. Adventure is better when you are prepared for every aspect of the journey, including the legal ones — so subscribe to BattlBox.

"True preparedness is the intersection of high-quality tools and the wisdom to use them correctly within the bounds of the law."

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FAQ

Is open carry legal in all 50 states?

No, open carry is not legal in all 50 states. Currently, it is generally prohibited in California, Florida, Illinois, New York, and the District of Columbia. In other states, it may be legal but requires a permit or is subject to local municipal restrictions. If you’re building out your trail kit too, the Camping collection is a useful place to keep in mind.

What is the difference between permissive and licensed open carry?

Permissive open carry means that no permit or license is required by the state to carry a firearm openly in public. Licensed open carry means the state allows the practice, but only for individuals who have a valid state-issued permit, such as a concealed carry license. If you’re rounding out a broader loadout, the EDC collection is a practical place to start.

Can I open carry while hiking in a National Park?

Generally, yes, you can carry a firearm in a National Park if it is legal in the state where the park is located. However, firearms are still prohibited inside federal buildings within the park, such as visitor centers and ranger stations, and you must follow all state and local carry laws. For more practical field skills, see Escaping Zip Ties.

Does "Constitutional Carry" always mean I can open carry?

In most cases, yes, Constitutional Carry laws allow for both open and concealed carry without a permit. However, some states may have specific language that only applies to concealed carry, so it is vital to check the specific statutes of the state you are in to ensure open carry is included. For a broader preparedness mindset, revisit What is a Tourniquet?.

Fire Starter options for wet-weather trips

If you want a simple backup for damp conditions, start with the Pull Start Fire Starter.

For a waterproof option you can stash in a pack, the Bigfoot Bushcraft Fire Starter fits neatly into a preparedness kit.

If you prefer a larger pack of ignition help, check out Burning Mountain Fire Starters (50-Count).