By Joseph P. Tartaro | Executive Editor
With the recent passage and signing of permitless concealed carry legislation in Oklahoma and Kentucky so-called Constitutional carry is now a legal option for residents of almost one-third of the nation.
Almost all of the states still offer a concealed carry license option for those who would want to take advantage of reciprocity arrangements in other states when they travel for business or recreation.
The permitless carry option is available almost uniformly to anyone over the age of 21 who is not legally barred from gun ownership. Most also are not required to complete firearms training prior to carrying concealed without a permit, but it is highly recommended.
Oklahoma Senate Majority Floor Leader Kim David (R-Porter), a co-sponsor of the permitless carry law—HB 2597—said she encourages those wanting to carry guns to have training. The bill passed her legislative body 40-6. She said guns still won’t be allowed in areas where they are now prohibited, such as on college campuses and in some businesses.
The other author of HB 2597 was House Majority Floor Leader Jon Echols (R-Oklahoma City).
Similar legislation had previously been passed in the Sooner State but was vetoed by former Governor Mary Fallin. The measure signed by Gov. Kevin Stitt goes into effect Nov. 1. The Tulsa World noted that it was the first bill signed by Stitt since he took office.
“As I traveled all over the state to all 77 counties, I heard from Oklahomans all over that they wanted us to protect their right to bear arms,” Stitt said.
He said he doesn’t think the measure will result in an increase in violence.
“I think the best defense for a bad guy with a gun is a good guy with a gun,” Stitt said.
Passage in Oklahoma was followed only by days when the Kentucky legislature passed SB-150 which was promptly signed by Gov. Matt Bevin. Kentucky’s SB 150 is backed by the National Rifle Association that fully recognizes the constitutional right of law-abiding gun owners to carry a concealed firearm. NRA has consistently backed similar legislation in other states.
“On behalf of the NRA’s five million members, we would like to thank Governor Bevin for his leadership on this critical issue,” said Chris W. Cox, executive director of NRA’s Institute for Legislative Action. “This law is a common sense measure that allows law-abiding citizens to exercise their fundamental right of self-protection in the manner that best suits their needs.”
Kentucky already recognized the right to carry a firearm openly without a permit.
With this law, Kentucky becomes the 16th state to recognize constitutional carry, joining Alaska, Arizona, Arkansas, Idaho, Kansas, Maine, Mississippi, Missouri, New Hampshire, North Dakota, Oklahoma, South Dakota, Vermont, West Virginia and Wyoming.
The Kentucky bill sponsors were state Sens. Damon Thayer and Brandon Smith and state Rep. Savannah Maddox.
Permitless carry also known as Constitutional carry was formerly referred to as “Vermont carry” because that state has been permit or license-free for over 100 years. The state neither issues nor requires a permit to carry a weapon on one’s person, openly or concealed. The Vermont Supreme Court established the right to carry firearms without a permit in its 1903 State v. Rosenthal decision.
Vermont formerly had very few gun control laws. But in 2018, the state enacted laws requiring background checks for private sales, raising the minimum age to purchase firearms to 21, banning the sale of handgun magazines that hold more than 15 rounds and rifle magazines that hold more than 10 rounds, banning the possession of bump stocks, and allowing police to seek a court order to seize guns from anyone deemed an extreme risk.
