How Many States Have Open Carry Laws?

Table of Contents

1. Introduction
2. Defining Open Carry in the United States
3. The Four Categories of Open Carry Laws
4. The Connection Between Constitutional Carry and Open Carry
5. Open Carry and the Outdoor Professional
6. Evaluating a State’s Laws Before You Travel
7. Gear Considerations for Open Carry
8. Federal Land and National Parks
9. Interacting with the Public and Law Enforcement
10. How BattlBox Supports Your Preparedness
11. Conclusion
12. FAQ

Introduction

Whether you are crossing state lines for a backcountry hunting trip or moving through different jurisdictions on a cross-country overland expedition, understanding the local laws is a fundamental part of preparedness. If you want field-tested gear delivered monthly, choose your BattlBox subscription and build a kit that matches your next adventure. There is a specific kind of stress that comes from realizing your gear setup, which is perfectly legal in your home state, might cause a legal headache just a few miles past a border. At BattlBox, we focus on providing the gear and the knowledge you need to stay capable and safe in any environment. This includes knowing the legal landscape of how you carry your self-defense tools. This article breaks down how many states have open carry laws, the different categories of those laws, and what you need to consider before heading out with a visible sidearm. Knowing these distinctions ensures you remain a responsible and law-abiding citizen while exploring the outdoors.

Defining Open Carry in the United States

Before looking at the numbers, we must define what "open carry" actually means. If you want a broader refresher on carry basics, What You Need to Know About Concealed Carry is a useful companion read. Open carry refers to the practice of wearing a firearm in a way that is clearly visible to the public. This is most commonly done with a handgun in a waist holster, but it can also apply to long guns in certain contexts. It is the opposite of concealed carry, where the firearm is hidden from view under clothing or inside a bag.

The legal status of open carry is not uniform across the country. Instead, it is a patchwork of state-level regulations. Some states view open carry as a fundamental right that requires no permission from the government. Others see it as a privilege that requires a license. A few states have banned it almost entirely in public spaces.

Quick Answer: Currently, 36 states generally allow the open carry of a handgun without a permit, though some local restrictions may apply. Another 7 states allow it only if you possess a valid permit, while the remaining 7 states and the District of Columbia largely prohibit open carry in public places.

The Four Categories of Open Carry Laws

To understand how many states have open carry laws, it helps to group them into four specific legal categories. These categories describe how much "permission" you need from the state before you can legally carry a firearm openly. If you are putting together a practical carry system, our EDC collection is a strong place to start.

1. Permissive Open Carry States

In these states, any person who can legally own a firearm may carry it openly without a permit or license. These states generally have "preemption" laws, which prevent local cities or counties from passing their own stricter rules. This provides a consistent experience as you travel through the state.

• Number of States: Approximately 36 states fall into this category.
• Examples: Alaska, Arizona, Idaho, Kentucky, Montana, Nevada, and West Virginia.

2. Licensed Open Carry States

These states allow open carry, but only if you have a state-issued permit or license. Often, the license required is the same one used for concealed carry. If you are caught carrying openly without this document, you could face criminal charges. For a deeper look at the gear side of that equation, What is a Concealed Carry Belt: The Essential Gear for Safe and Comfortable Carry is worth a read.

• Number of States: Approximately 7 states.
• Examples: Connecticut, Georgia, Hawaii, Maryland, Massachusetts, New Jersey, and Rhode Island.

3. Anomalous Open Carry States

In these states, open carry is generally legal under state law, but there is no state preemption law. This means local governments can pass their own ordinances. You might be legal in a rural forest but breaking the law the moment you step into a specific city limit. If you want more context on holster choice, What is the Most Comfortable Concealed Carry Holster? breaks down comfort and retention.

• Example: Pennsylvania is a prime example. Open carry is legal without a permit throughout most of the state, but a permit is required to carry openly in "cities of the first class," which currently only applies to Philadelphia.

4. Non-Permissive or Restricted States

These states have laws that explicitly prohibit the open carry of handguns in public. There are often very narrow exceptions, such as while hunting or on your own private property.

• Number of States: Approximately 7 states plus the District of Columbia.
• Examples: California, Florida, Illinois, New York, and Oregon (though Oregon has significant local restrictions).

Key Takeaway: The legality of open carry is highly dependent on state borders; always verify the specific "Permissive" or "Licensed" status of your destination before arriving.

The Connection Between Constitutional Carry and Open Carry

You may have heard the term Constitutional Carry frequently in recent years. This refers to the legal principle that a citizen should not need a government permit to carry a firearm, either openly or concealed. As of 2024, 29 states have passed some form of Constitutional Carry legislation.

Most states that pass permitless carry laws also allow for permitless open carry. However, this is not a universal rule. For example, Florida recently passed permitless concealed carry, but they still generally prohibit the open carry of handguns in public spaces, with very few exceptions for specific outdoor activities. If you want another deep dive into the subject, What is the Best Concealed Carry Holster? is a practical next step.

When a state becomes a Constitutional Carry state, it usually moves into the "Permissive" category for open carry. This shift has significantly increased the number of states where you can legally carry a sidearm visible on your hip while hiking or camping without needing to navigate a permit application process. If that mindset fits your kit, choose your BattlBox subscription and keep the rest of your loadout moving monthly.

Open Carry and the Outdoor Professional

For the hiker, hunter, or bushcraft enthusiast, open carry is often a matter of practicality rather than a political statement. When you are wearing a heavy backpack with a padded waist belt, concealed carry becomes difficult and uncomfortable. An open-carry holster allows for easier access to your tool if you encounter a predator or find yourself in an emergency.

We often see our community members opting for chest rigs or drop-leg holsters when they are in the deep woods. These setups are technically "open carry" because the firearm is visible. If you are in a state like Montana or Wyoming, this is a standard practice. However, if you are hiking in the hills of California or the state parks of Illinois, that same gear could result in an arrest. For backcountry readiness beyond carry laws, the Fire Starters collection is a smart companion stop.

Myth: "If I have a concealed carry permit from my home state, I can open carry in any state that recognizes my permit." Fact: Reciprocity often only applies to concealed carry. A state may recognize your permit for hidden carry but still prohibit you from carrying the firearm openly.

Evaluating a State’s Laws Before You Travel

If you are planning a trip, do not rely on a general map or a single number. Laws change every legislative session. Use this step-by-step process to ensure you are compliant:

Step 1: Identify your destination and transit states. / List every state you will physically enter, even if you are just driving through.
Step 2: Check for state preemption. / Determine if the state law prevents cities from making their own rules; if not, you must check the specific ordinances of every town you visit.
Step 3: Verify permit requirements. / Check if the state requires a license for open carry and if they recognize your specific home-state permit.
Step 4: Research "Prohibited Places." / Even in permissive states, open carry is almost always banned in schools, government buildings, and sometimes businesses that post specific signs.
Step 5: Confirm outdoor exceptions. / Some restricted states, like Florida, allow open carry specifically while you are engaged in (or traveling to and from) fishing, hunting, or camping. For a bigger BattlBox framework on readiness, The Survival 13 is a useful companion read.

Gear Considerations for Open Carry

If you choose to open carry where it is legal, your gear choice becomes much more critical than it is for concealed carry. When a firearm is visible, it is accessible to others, not just you. This introduces the need for Retention. If you are building around everyday-ready lighting, the flashlights collection is an easy addition to any carry setup.

Holster Retention Levels

• Level 1 Retention: Typically relies on friction or a simple tension screw. These are common for concealed carry but are generally considered insufficient for open carry in populated areas.
• Level 2 Retention: Features a mechanical lock that must be deactivated, usually with a thumb press or a strap (thumb break), before the gun can be drawn.
• Level 3 Retention: Includes multiple steps to release the firearm. This is the standard for most law enforcement officers to prevent a "gun grab" during a physical struggle.

At BattlBox, we emphasize the importance of professional-grade gear. If you are carrying openly in the backcountry, a Level 2 holster is often the "sweet spot." It provides enough security to ensure the firearm doesn't fall out during a scramble up a rocky slope, but it still allows for a relatively fast draw if needed. A dedicated option like BattlTac Concealment Holster fits that kind of practical mindset.

The Importance of a Quality Belt

You cannot open carry effectively with a standard department store belt. The weight of a full-sized handgun and a loaded magazine will cause a cheap belt to sag and twist. This pulls the holster away from your body, making it snag on brush and creating an unsafe carry condition. Look for a dedicated gun belt made of reinforced nylon or heavy-duty leather. These are designed to distribute the weight evenly across your hips.

Federal Land and National Parks

A common point of confusion is how many states have open carry laws that apply to National Parks. Since 2010, federal law has generally aligned National Park regulations with the laws of the state in which the park is located.

If you are in Yellowstone National Park, which sits mostly in Wyoming, you follow Wyoming’s carry laws. Since Wyoming is a permissive open carry state, you can generally carry openly there. However, if you are in a National Park located in a state that prohibits open carry, you must follow that prohibition. For trail days and camping runs, our camping collection can help round out the rest of your kit.

Important Note: Federal law still prohibits the possession of firearms inside "federal facilities" within these parks. This includes visitor centers, ranger stations, and administrative buildings. These buildings will usually have signs posted at every entrance. You must disarm before entering these specific structures, even if you are legally open carrying on the trail. If you want a practical first-aid layer for the same trip, Adventure Medical Mountain Backpacker Medical Kit is built for that role.

Bottom line: Your right to open carry on federal land is almost always dictated by the laws of the surrounding state, but federal buildings remain strictly off-limits.

Interacting with the Public and Law Enforcement

Open carry carries a social responsibility. Because your firearm is visible, people will notice it. In many rural areas, this is completely normal. In more suburban or urban environments, it may draw unwanted attention or phone calls to local law enforcement.

If you are approached by an officer while open carrying, remain calm and keep your hands visible and away from your waistline. Do not make sudden movements. In most permissive states, you are doing nothing wrong, but the officer may be responding to a "man with a gun" call from a concerned citizen. Being polite and professional goes a long way in ensuring the interaction remains brief and positive. For an extra layer of preparedness thinking, Escaping Zip Ties is a good reminder that calm practice matters.

Always remember that the best gear in the world is useless if you haven't trained with it. We recommend practicing your draw from your specific open-carry holster until the motion is muscle memory. Practice deactivating the retention mechanisms while under stress or in awkward positions, such as kneeling or sitting.

How BattlBox Supports Your Preparedness

Our mission is to ensure you have the right tools for the job, whether that job is a weekend camping trip or a serious survival situation. We have delivered a wide range of EDC (Everyday Carry) tools, holsters, and tactical accessories through our monthly missions. Every item we select is vetted by experts who actually spend time in the field.

By joining our community, you gain access to gear that has been tested for durability and functionality. Whether you are a beginner looking for the Basic tier or a serious enthusiast who wants the premium knives and tools found in our Pro Plus tier, we help you build a kit you can rely on. If you want that mindset delivered monthly, BattlBucks rewards are one more reason to stay engaged. Understanding the laws of your state is the first step; having the right gear to carry out your responsibilities is the second.

Conclusion

The question of how many states have open carry laws doesn't have a single, static answer because the legal landscape is constantly shifting. Currently, 36 states allow permissive open carry, while the rest require permits or prohibit the practice. As an outdoor enthusiast, it is your responsibility to know these numbers and the nuances behind them. Open carry offers accessibility and comfort in the backcountry, but it requires high-quality retention gear and a deep understanding of local jurisdictions. Stay informed, train regularly, and ensure your gear is up to the task.

• Check the map: Verify the status of your home state and any state you plan to visit.
• Invest in retention: If you carry openly, use a holster with at least Level 2 retention.
• Respect the boundaries: Know where federal buildings and local ordinances restrict your rights.

Key Takeaway: Preparedness is more than just having the right gear; it is the combination of quality tools and the legal knowledge required to use them responsibly.

To get expert-curated gear for your next adventure delivered straight to your door, Adventure. Delivered. explore our subscription options.

FAQ

Which states do not allow open carry at all?

As of 2024, the states that generally prohibit the open carry of handguns in public places include California, Florida, Illinois, New York, and the District of Columbia. Some states like Oregon and Washington have state-level legality but allow significant local restrictions that can make open carry functionally illegal in many populated areas. If you want to round out that legal awareness with gear awareness, the Emergency Preparedness collection is a practical place to look. Always check for the most recent legislative updates, as these laws can change annually.

Do I need a permit to open carry in a Constitutional Carry state?

In most states that have passed Constitutional Carry (permitless carry) laws, a permit is not required for open carry. However, there are exceptions; some states may only allow permitless carry if it is concealed, while requiring a permit for open carry, or vice versa. For example, Tennessee and Texas allow both permitless open and concealed carry, but you must still meet specific age and legal ownership requirements. If you want a deeper gear comparison, What is the Best Concealed Carry Holster? pairs well with that question.

Can I open carry a loaded handgun in my vehicle?

Vehicle carry laws are often much more restrictive than foot carry laws. In many states, a handgun in a vehicle is considered "concealed" regardless of whether it is on the seat or in a holster, which may require a permit. However, in permissive open carry states with strong preemption, having the firearm visible on your person or the dashboard is often legal; you must check the specific "loaded" versus "unloaded" transport laws for every state you enter. For a backpack-sized first aid layer, Medical & Safety collection is a smart add-on.

Does open carry apply to long guns like rifles and shotguns?

While the primary focus of open carry laws is handguns, many states also have regulations regarding the open carry of long guns. In many permissive states, it is technically legal to carry a rifle openly, but doing so in an urban environment is much more likely to result in a "disorderly conduct" or "breach of peace" charge if it causes public alarm. Long gun carry is most common and legally accepted in the context of active hunting or on private property. If your plans include the field, the Hunting & Fishing collection fits that use case well.