Open Carry States and the Rules in Each One

In September 2025, a Florida appeals court struck down the state's 1987 ban on open carry, and within days the attorney general told police to stop enforcing it. Six states still ban carrying a handgun in plain view. Most of the rest require no permit at all.

By Resist Now Published

Which States Allow Open Carry?

44 states allow open carry of a handgun, and in 40 of them an adult who can legally own a gun needs no permit. Hawaii, Massachusetts, Minnesota and Rhode Island require a permit. California, Connecticut, Illinois, Maryland, New Jersey and New York ban open carry of handguns, and so does Washington, D.C.

Open carry means carrying a gun where people can see it, usually in a holster on the hip. Our count follows Everytown for Gun Safety’s 2026 review of state laws, checked against state statutes and Giffords Law Center (Everytown).

40
States where no permit is needed to carry a handgun openly
4
States that require a permit for open carry
6
States that ban open carry of handguns

Key facts

  • 40 states let adults carry a handgun openly without a permit (Everytown).
  • Florida’s ban was struck down by a state appeals court on September 10, 2025 (Volusia County Sheriff).
  • Maryland carry permits cover only a handgun “concealed from view” (Public Safety 5-307).

Open Carry Laws by State

Choose your state to see whether you can carry a handgun openly, whether you need a permit, and the rule for rifles and shotguns. State notes flag local rules and recent court rulings.

Open carry in your state

Choose your state to see its open carry rules for handguns, rifles and shotguns.

Based on Everytown's 2026 Gun Law Rankings (updated January 14, 2026), checked against state statutes on September 28, 2026. 'No permit needed' applies to adults who may legally have a gun; age limits, banned places and private property rules still apply. This is general information, not legal advice.

Can you openly carry a handgun in the state?

  • Yes, no permit needed (40)
  • Only with a permit (4)
  • No, open carry of handguns is banned (7)
Can you openly carry a handgun in the state? Tap a state for its rules.

Sources: Everytown Research, Which states regulate the open carry of firearms? (2026 Gun Law Rankings, updated January 14, 2026); Giffords Law Center, Open Carry (state statute citations); Maryland Public Safety Article 5-307; Volusia County Sheriff's Office, Florida open carry after McDaniels v. State. Verified September 28, 2026.

Can you openly carry a handgun in the state?
State Can you openly carry a handgun in the state?
Alabama Yes, no permit needed
Alaska Yes, no permit needed
Arizona Yes, no permit needed
Arkansas Yes, no permit needed
California No, open carry of handguns is banned
Colorado Yes, no permit needed
Connecticut No, open carry of handguns is banned
Delaware Yes, no permit needed
District of Columbia No, open carry of handguns is banned
Florida Yes, no permit needed
Georgia Yes, no permit needed
Hawaii Only with a permit
Idaho Yes, no permit needed
Illinois No, open carry of handguns is banned
Indiana Yes, no permit needed
Iowa Yes, no permit needed
Kansas Yes, no permit needed
Kentucky Yes, no permit needed
Louisiana Yes, no permit needed
Maine Yes, no permit needed
Maryland No, open carry of handguns is banned
Massachusetts Only with a permit
Michigan Yes, no permit needed
Minnesota Only with a permit
Mississippi Yes, no permit needed
Missouri Yes, no permit needed
Montana Yes, no permit needed
Nebraska Yes, no permit needed
Nevada Yes, no permit needed
New Hampshire Yes, no permit needed
New Jersey No, open carry of handguns is banned
New Mexico Yes, no permit needed
New York No, open carry of handguns is banned
North Carolina Yes, no permit needed
North Dakota Yes, no permit needed
Ohio Yes, no permit needed
Oklahoma Yes, no permit needed
Oregon Yes, no permit needed
Pennsylvania Yes, no permit needed
Rhode Island Only with a permit
South Carolina Yes, no permit needed
South Dakota Yes, no permit needed
Tennessee Yes, no permit needed
Texas Yes, no permit needed
Utah Yes, no permit needed
Vermont Yes, no permit needed
Virginia Yes, no permit needed
Washington Yes, no permit needed
West Virginia Yes, no permit needed
Wisconsin Yes, no permit needed
Wyoming Yes, no permit needed
See all states in a table
Showing 51 of 51 states
AlabamaYes, no permit needed
AlaskaYes, no permit needed
ArizonaYes, no permit needed
ArkansasYes, no permit needed
CaliforniaNo, open carry of handguns is banned
ColoradoYes, no permit needed
ConnecticutNo, open carry of handguns is banned
DelawareYes, no permit needed
District of ColumbiaNo, open carry of handguns is banned
FloridaYes, no permit needed
GeorgiaYes, no permit needed
HawaiiOnly with a permit
IdahoYes, no permit needed
IllinoisNo, open carry of handguns is banned
IndianaYes, no permit needed
IowaYes, no permit needed
KansasYes, no permit needed
KentuckyYes, no permit needed
LouisianaYes, no permit needed
MaineYes, no permit needed
MarylandNo, open carry of handguns is banned
MassachusettsOnly with a permit
MichiganYes, no permit needed
MinnesotaOnly with a permit
MississippiYes, no permit needed
MissouriYes, no permit needed
MontanaYes, no permit needed
NebraskaYes, no permit needed
NevadaYes, no permit needed
New HampshireYes, no permit needed
New JerseyNo, open carry of handguns is banned
New MexicoYes, no permit needed
New YorkNo, open carry of handguns is banned
North CarolinaYes, no permit needed
North DakotaYes, no permit needed
OhioYes, no permit needed
OklahomaYes, no permit needed
OregonYes, no permit needed
PennsylvaniaYes, no permit needed
Rhode IslandOnly with a permit
South CarolinaYes, no permit needed
South DakotaYes, no permit needed
TennesseeYes, no permit needed
TexasYes, no permit needed
UtahYes, no permit needed
VermontYes, no permit needed
VirginiaYes, no permit needed
WashingtonYes, no permit needed
West VirginiaYes, no permit needed
WisconsinYes, no permit needed
WyomingYes, no permit needed

Sources: Everytown Research, Which states regulate the open carry of firearms? (2026 Gun Law Rankings, updated January 14, 2026); Giffords Law Center, Open Carry (state statute citations); Maryland Public Safety Article 5-307; Volusia County Sheriff's Office, Florida open carry after McDaniels v. State. Verified September 28, 2026.

Is Florida an Open Carry State Now?

Yes. Since September 2025, adults in Florida who may legally have a gun can carry it openly without a permit. On September 10, 2025, the First District Court of Appeal ruled the state’s open carry ban unconstitutional in McDaniels v. State (opinion). On September 15, Attorney General James Uthmeier told prosecutors and police to stop arresting people under the ban, writing that the decision “is now the law of the State” (NRA-ILA; Volusia County Sheriff).

The change came from a court, not the Legislature. The court found that the state could point to no law from the founding era that broadly banned open carry, the test the U.S. Supreme Court set in Bruen (2022). Guns remain banned in places such as courthouses, police stations, polling places and government meetings. Businesses can still ban open carry on their property, the Volusia County sheriff said.

Can You Open Carry in California?

Almost never. California bans open carry of handguns, rifles and shotguns in public places. The one narrow exception: in counties with fewer than 200,000 people, the sheriff may issue a license to carry a handgun openly, good only in that county (Penal Code 26150, cited by Giffords).

Is Minnesota an Open Carry State?

Only with a permit. Minnesota requires a permit to carry any firearm in public, openly or hidden (Statute 624.714). With a permit, open carry is legal. Hawaii, Massachusetts and Rhode Island also require a permit to carry a handgun openly.

Open Carry vs. Concealed Carry

Open carry means the gun is visible. Concealed carry means it is hidden, under clothing or in a bag. States often set different rules for each, and a license for one does not always allow the other.

How a few states treat open and concealed carry of handguns

StateOpen carryConcealed carry
TexasNo license needed at 21, but the gun must be in a holsterNo license needed at 21
North CarolinaNo permit neededPermit required; Governor Stein vetoed permitless carry in 2025
MarylandBanned, even with a permitAllowed with a permit
IllinoisBannedAllowed with a license
MinnesotaAllowed with a permitAllowed with a permit

Source: Texas State Law Library; Giffords Law Center (Open Carry and 2025 Trendwatch); Maryland Public Safety 5-307; Everytown

For Texas’s rules in detail, including where guns are banned and the age limits, see our Texas gun laws guide.

Open Carry of Rifles and Shotguns

41 states let adults carry a rifle or shotgun openly without a permit. California, Connecticut, Hawaii and Illinois ban it. Rhode Island and Tennessee allow it only if the gun is unloaded, and Massachusetts, Minnesota and New Jersey require a permit.

Open carry of rifles and shotguns, by state rule (50 states)
Open carry of rifles and shotguns, by state rule (50 states)
CategoryValue
No permit needed41
Permit required3
Unloaded only2
Banned4

Source: Everytown Research, Which states regulate the open carry of firearms? (2026 Gun Law Rankings, updated January 14, 2026). Some cities in states such as Pennsylvania and Virginia add limits.

Where Open Carry Is Banned, Even in Open Carry States

Most states that allow open carry still ban guns in some places, such as schools, places that serve alcohol, state-owned businesses and public transit (Giffords). Private businesses can usually ban guns on their property, too.

Polling places are one clear example. 16 states fully ban guns at the polls, 9 ban them in part and 25 have no clear statewide ban, according to the Movement Advancement Project. 10 states that allow open carry with no permit still ban guns at polling places, including Arizona, Colorado, Delaware and Florida. Our voter intimidation guide has each state’s rule.

What the Research Says About Carry Laws

We found no major research review that rates open carry laws on their own. RAND’s 2023 review of gun policy research found “supportive evidence,” its highest rating, that shall-issue concealed carry laws increase firearm violence (RAND, via EurekAlert). That finding is about concealed carry permits that states must grant to anyone who qualifies, not about open carry.

The legal fight turns on history, not crime data. Gun rights groups such as the NRA argue that open carry is protected because the founding era left “the ability to bear arms openly for peaceable purposes” intact, as the Florida court put it (NRA-ILA). Everytown argues that open carry has become “a tool for extremists” and intimidates people in public (Everytown). Giffords cites the Dallas police chief, who said open carry made things confusing during a mass shooting (Giffords).

Common Questions About Open Carry

How many states allow open carry?

44 states allow open carry of a handgun. In 40 of them, an adult who may legally have a gun needs no permit. Hawaii, Massachusetts, Minnesota and Rhode Island require a permit, and 6 states ban it.

Is Florida an open carry state now?

Yes, in practice. On September 10, 2025, a Florida appeals court struck down the state’s open carry ban, and state officials told police to stop enforcing it. The law has not been rewritten, businesses can still ban guns, and guns remain barred in places such as courthouses and polling places.

Which states ban open carry?

6 states ban openly carrying a handgun in public: California, Connecticut, Illinois, Maryland, New Jersey and New York. 4 states also ban openly carrying a rifle or shotgun. California’s guide covers its narrow exception for licenses in small counties.

Is Minnesota an open carry state?

Only with a permit. Minnesota requires a permit to carry for any firearm carried in public, openly or concealed. With the permit, open carry is legal.

What is the difference between open carry and concealed carry?

Open carry means the gun can be seen by others. Concealed carry means it is hidden, such as under clothing or in a closed case. States often treat them differently: Maryland and Illinois allow only concealed carry with a license.

Can a business ban open carry?

In Florida and Texas, yes, and rules differ in other states. Florida’s attorney general and the Volusia County sheriff said the 2025 ruling leaves private owners free to bar guns, and Texas lets property owners bar guns by posting signs or giving other notice.

What You Can Do

  1. Check your state’s rule before you carry or travel. Use the finder above, then confirm with your state police or attorney general. Rules change at state lines.
  2. Know where guns are banned where you live, including schools, polling places and courthouses.
  3. Read the bills. Carry laws change through legislatures and courts every year. Ask your state legislators where they stand, using our letter-writing guide.
  4. Learn the constitutional debate in our 2nd Amendment explainer.
  5. Report intimidation at the polls. Displaying a gun to intimidate a voter is illegal. Call the Election Protection hotline at 866-OUR-VOTE (866-687-8683).