What States Don't Have Open Carry Laws?

Table of Contents

1. Introduction
2. Understanding Open Carry Categories
3. States Where Open Carry is Generally Prohibited
4. States Requiring a Permit for Open Carry
5. The Nuance of Local Ordinances and Preemption
6. Transporting Firearms Through Restrictive States
7. Comparing Carry Types by State
8. Essential Gear for Responsible Carry
9. Common Myths About Open Carry
10. Staying Prepared and Compliant
11. Conclusion
12. FAQ

Introduction

Whether you are crossing state lines for a backcountry hunting trip or just heading to a neighboring state to test out some new camping equipment, knowing the local laws is essential. You might be perfectly legal with a sidearm on your hip in your home state, but that changes the moment you cross an invisible border. At BattlBox, we believe that being prepared means more than just having the right gear; it means having the right knowledge to stay safe and legal, so choose your BattlBox subscription when you’re ready to build a kit that keeps up with your plans. This guide explores the complex landscape of firearm regulations in the United States. We will identify which states prohibit the practice of open carry and explain the nuances that every outdoorsman and prepared citizen needs to understand. By the end of this article, you will have a clear picture of the legal hurdles and requirements across different regions.

Understanding Open Carry Categories

Before diving into the specific states, we must define what we mean by "open carry." Generally, what counts as open carry can vary. Some states consider a firearm in a holster on your belt to be open carry, while others have more specific requirements about how much of the weapon must be visible.

Across the U.S., states generally fall into four legal categories regarding open carry:

• Permitless/Constitutional Carry: These states allow anyone who can legally possess a firearm to carry it openly without a permit.
• Permissive Open Carry: Open carry is legal without a permit, but the state may have certain local restrictions or nuances.
• Licensed Open Carry: You can carry a firearm openly, but only if you possess a state-issued permit or license.
• Non-Permissive/Prohibited: Open carry is generally illegal or so heavily restricted that it is effectively unavailable to the average citizen.

Quick Answer: Currently, states that generally prohibit the open carry of handguns include California, Florida, Illinois, and New York, along with the District of Columbia. Each of these jurisdictions has specific, narrow exceptions, such as for law enforcement or specific outdoor activities like hunting.

States Where Open Carry is Generally Prohibited

If you are planning a trip through these states, you need to be extremely careful. Even if you have a permit from your home state, these jurisdictions often do not recognize out-of-state licenses for open carry purposes.

California

California is well-known for having some of the strictest firearm laws in the country. What do you need to open carry in California is mostly a question of narrow exceptions. While there are some very narrow exceptions for individuals in unincorporated areas where discharge of firearms is not prohibited, these areas are increasingly rare and difficult to navigate. If you are visiting California for a hiking trip, do not assume you can carry openly, even in the woods.

Florida

Florida is a unique case that often surprises travelers. While Florida recently became a "permitless carry" state, this change applied specifically to concealed carry. Open carry remains illegal in Florida under most circumstances. There is a specific exception in Florida Statute 790.25 that allows for open carry while a person is engaged in fishing, hunting, or camping, or going to or returning from those activities. If you’re building an outdoor kit around those trips, our camping collection is a natural fit. However, the "going to or returning from" part is often subject to legal interpretation, so caution is advised.

Illinois

In Illinois, carrying a firearm in public—either openly or concealed—is generally prohibited unless you have a valid Illinois Concealed Carry License (CCL). Even with a CCL, the law specifically requires the firearm to be "concealed or partially concealed." How does the open carry law work is the wrong question to assume casually here, because there is no provision in Illinois law that allows for the legal open carry of a handgun by the general public.

New York

New York state law does not permit the open carry of handguns. Can anyone open carry in New York? The answer is generally no. To carry a handgun in New York, a resident must have a license, and that license is generally for concealed carry only. New York City has its own set of even more stringent regulations that effectively prohibit any form of carry for non-residents.

District of Columbia

The nation’s capital prohibits the open carry of firearms entirely. What is considered open carry in D.C. is a question with very little room for interpretation, since open carry remains strictly against the law.

Bottom line: In these jurisdictions, the default legal assumption is that open carry is illegal. Never assume your status as an outdoorsman or a permit holder from another state grants you an exception.

States Requiring a Permit for Open Carry

In several states, you can carry a firearm openly, but only if you have a recognized permit. This is an important distinction because many people confuse "legal" with "permitless."

• Connecticut: You must have a CT Pistol Permit to carry a handgun, whether you carry it openly or concealed.
• Maryland: Open carry is technically legal only for those with a Wear and Carry Permit, which can be difficult for non-residents to obtain.
• Massachusetts: A Class A License to Carry (LTC) is required for both open and concealed carry.
• New Jersey: Following recent legal changes, New Jersey now has a pathway for carry permits, but they are generally intended for concealed carry, and open carry remains a legal gray area that is best avoided.

Key Takeaway: In "Licensed Open Carry" states, the permit is the key. Without the physical permit in your possession, you are likely committing a felony or a serious misdemeanor.

The Nuance of Local Ordinances and Preemption

One of the most frustrating aspects of firearm laws for the traveler is the lack of "preemption." Preemption is a legal doctrine where a state law overrides local ordinances. In a state with strong preemption, the gun laws are the same in a rural forest as they are in the middle of a major city.

In states without preemption, a city or county can pass its own laws regarding open carry. For example, a state might allow open carry, but a specific city within that state might pass an ordinance banning it in public parks or city centers.

Examples of Local Restrictions

Even in states that generally allow open carry, you may find "gun-free zones" or local bans in:

1. Public demonstrations or protests.
2. Government buildings and courthouses.
3. Establishments that serve alcohol.
4. Public transportation vehicles and stations.
5. School zones (defined by federal and state law).

We always recommend checking the laws of specific cities you plan to visit, especially if the state lacks a strong preemption law. This is part of the The Survival 13 mindset we encourage our community to develop.

Transporting Firearms Through Restrictive States

If you are traveling from a permissive state to another permissive state but must pass through a prohibited state (like driving from Maine to Virginia through New York and New Jersey), you are protected by federal law, specifically the Firearm Owners Protection Act (FOPA).

Under FOPA, you may transport a firearm through any state as long as:

1. The firearm is legal in both the state of origin and the state of destination.
2. The firearm is unloaded.
3. The firearm and ammunition are not readily accessible. Usually, this means they must be in a locked container other than the glove compartment or center console.

If your vehicle does not have a trunk, the firearm must be in a locked container. A product like the BONE-DRI Rust Prevention Handgun Case 2.0 is a strong example of the kind of dedicated storage that helps with transport compliance. Having a dedicated, high-quality locked case is not just about security; it is about legal compliance during transport.

Note: FOPA protection is generally considered a "defense" in court, not necessarily a shield against being arrested. If you are pulled over in a restrictive state, having your firearm properly stored according to FOPA guidelines is your best protection.

Comparing Carry Types by State

Essential Gear for Responsible Carry

Being a responsible owner means more than knowing the law; it means having the gear that keeps your firearm secure and accessible only when needed. Whether you are in a state that allows open carry or you are carrying concealed with a permit, your holster and storage choices matter, and our EDC collection is a good place to start.

Holster Selection

For open carry, a holster with active retention is highly recommended. What is the best concealed carry holster is still a useful question here, because retention, comfort, and accessibility all matter when you are choosing a setup.

Secure Storage

When you enter a "gun-free zone" or a state where you cannot carry, you need a way to secure your gear. A portable vehicle safe that cables to the seat frame is a vital piece of kit. For a discreet option that keeps gear close at hand, the Covert Pistol Planner - Discreet Carry shows how you can keep protection organized without drawing attention.

Identification and Documentation

Always carry your state-issued ID and any relevant carry permits. Many people also choose to carry a printed copy of the specific statutes for the states they are visiting, especially regarding "fishing and camping" exceptions. Keeping the rest of your paperwork organized with a little help from our emergency preparedness collection can make those documents easier to manage when you need them.

Common Myths About Open Carry

There is a lot of misinformation in the outdoor and survival communities regarding firearm laws. Let's clear up some of the most common misconceptions.

Myth: You can always open carry on federal land (National Parks).
Fact: While a 2010 federal law allows the possession of firearms in National Parks, you must follow the laws of the state in which the park is located. If the park is in California, open carry is still prohibited, and is open carry allowed in all states is the safer question to ask first.

Myth: "I'm a traveler, so state laws don't apply to me as long as I'm passing through."
Fact: State laws absolutely apply the moment you cross the border. Federal FOPA protections only cover you while you are "passing through" without unnecessary stops. If you stop for a night in a hotel, is carrying a gun in a case considered concealed? becomes a key question, because accessibility can change how the law views your setup.

Myth: Open carry is always better for survival because it's faster to draw.
Fact: Open carry can make you a target or cause unnecessary alarm in populated areas. The "best" way to carry is the one that is legal, secure, and fits the environment you are in.

Staying Prepared and Compliant

The legal landscape is constantly shifting. In the last few years, many states have moved toward constitutional carry, while others have doubled down on restrictions. Being a prepared citizen means staying updated on these changes, and get curated gear delivered monthly if you want your kit to grow with your plans.

Step 1: Check a dedicated reciprocity map. These tools allow you to input your home state and see where your permits are recognized.

Step 2: Research the specific "prohibited places" in your destination state. Even in carry-friendly states, hospitals, schools, and private businesses can be off-limits. If you want to round out the rest of your setup, the emergency preparedness collection is a practical place to look.

Step 3: Invest in quality gear. A cheap holster or a flimsy lockbox can lead to accidents or legal trouble. A compact option like the Flextail Tiny Tool - Ultimate 26-in-1 EDC Tool is the kind of everyday carry piece that keeps your kit ready without taking up much space.

Step 4: Practice your draw and retention. If you choose to open carry, you must be proficient in defending your firearm from a "gun grab," and can you open carry without a holster is a reminder of why gear choice matters.

Conclusion

Understanding what states don't have open carry laws is a fundamental part of responsible firearm ownership and outdoor preparation. States like California, New York, Illinois, and Florida (with its specific exceptions) represent significant hurdles for those who prefer to carry openly. Navigating these regulations requires diligence, the right documentation, and a commitment to staying informed.

At BattlBox, our mission is to provide you with the tools and knowledge to handle any situation with confidence. From expert-curated EDC gear to essential survival equipment, we aim to help you build a kit that is both functional and compliant. Whether you are looking for a high-retention holster or a secure travel safe, we have you covered. Stay safe, stay legal, and keep exploring.

Key Takeaway: Knowledge of the law is just as important as the gear you carry. Always verify current state and local statutes before traveling with a firearm.

If you want the next box handled for you, subscribe to BattlBox today.

FAQ

Is it legal to open carry in Florida while hiking?

While Florida generally prohibits open carry, there is a specific legal exception for those engaged in fishing, hunting, or camping. Hiking is not explicitly listed in the statute, but many outdoorsmen carry while hiking to or from a campsite; however, this is a legal gray area that has led to arrests in the past. It is generally safer to carry concealed in Florida if you have a recognized permit or are following the permitless concealed carry guidelines. If you want to compare that carry style against other options, Is a Shoulder Holster Considered Open Carry? is a helpful follow-up.

Can I open carry in a state that has Constitutional Carry?

Yes, in states with Constitutional Carry (like Texas, Alaska, or West Virginia), you can generally carry a handgun either openly or concealed without a permit, provided you are legally allowed to own a firearm. However, you must still follow all other state laws regarding "prohibited places" like schools, government buildings, and private businesses that post signs. If you want a broader overview of the basics, what do you need to open carry is worth reviewing.

Does my concealed carry permit allow me to open carry?

This depends entirely on the state. In some states, like Connecticut or Massachusetts, a single permit covers both open and concealed carry. In other states, like Illinois, the permit specifically only allows for concealed carry, and open carry remains illegal. If you are comparing carry options, what is the best concealed carry holster? can help you think through fit, comfort, and retention.

What should I do if I am stopped by police while openly carrying?

The most important thing is to remain calm and keep your hands visible. Do not reach for your firearm or your ID until instructed to do so. In many states, you have a "duty to inform" the officer that you are carrying a firearm; even if it isn't legally required in that state, it is often a good practice to de-escalate the situation and show that you are a law-abiding citizen. If you need a refresher on vehicle carry and transport, How to Conceal Carry in a Car is a useful companion read.