Open Carry States: Where Open Carry Is Legal (2026)

Open carry — carrying a firearm visibly rather than concealed — is legal in the large majority of U.S. states, and in most of them you don't even need a permit. Only three states effectively ban open carry of a handgun, and about ten more require a license. Here's the full picture for 2026, including how the rules differ for long guns and what to expect in a police encounter.

The short version

• Open carry of a handgun is legal in roughly 37 states, usually without a permit.
• California, Illinois, and New York effectively ban open handgun carry.
• About ten states require a permit to open carry.
• Even where it's legal, place restrictions (schools, government buildings) still apply.

What is open carry?

Open carry means the firearm is visible — typically holstered on a hip or shoulder — as opposed to concealed carry, where it's hidden from view. In most of the country, openly carrying a handgun is legal, and in the 29 constitutional-carry states it generally requires no permit at all.

Which states restrict open carry?

Open carry is the default across most of the map. The exceptions fall into two buckets — states that effectively ban it, and states that require a permit:

Everywhere not listed, open carry of a handgun is generally legal. Note that some of these rules apply specifically to handguns; long-gun open carry can follow different rules, and a few cities impose tighter limits than their state.

Open carry vs concealed carry

A state can treat the two modes very differently:

• Open carry is often the less regulated of the two in permissive states — no permit, no training requirement.
• Concealed carry historically required a permit almost everywhere, though constitutional carry has erased that in 29 states.
• A handful of states flip the script: they allow permitted concealed carry but restrict open carry, on the theory that a visible firearm is more alarming in public.

Long guns vs handguns

Open-carry rules often differ by firearm type. Many states that restrict openly carrying a handgun are more permissive about long guns (rifles and shotguns), and vice versa. A few states that broadly allow handgun open carry restrict openly carrying long guns in public, especially in cities or at demonstrations, where it can raise "going armed to the terror of the public" or disorderly-conduct concerns. Always check the rule for the specific type of firearm you intend to carry.

Open carry and police encounters

Carrying openly is legal in most places, but it can still draw police attention. A few practical points:

• A "man with a gun" call can bring officers even when you're doing nothing illegal; staying calm and compliant defuses these fast.
• Know your state's ID rules. "Stop and identify" laws vary; in some states you must identify yourself during a lawful stop.
• Brandishing is different from carrying. Displaying a firearm in a threatening way is a crime everywhere, regardless of open-carry legality.

How states rank on gun rights

Open-carry policy is just one input into a state's overall Second Amendment freedom, which also weighs carry permitting, magazine limits, and red-flag laws. Here's where states stand:

1. 1WYWyoming
   10.0A+
2. 2IDIdaho
   9.8A+
3. 3MTMontana
   9.6A+
4. 4UTUtah
   9.4A+
5. 5NDNorth Dakota
   9.2A+
6. 6AZArizona
   9.0A+
7. 7SDSouth Dakota
   8.8A
8. 8TNTennessee
   8.6A
9. 9TXTexas
   8.4A-
10. 10KSKansas
    8.2A-

See all 50 states ranked on 2nd Amendment

See all 50 states ranked on gun rights

A color-coded map and the full Second Amendment ranking, from most gun-friendly to most restrictive.

Where you still can't open carry

Even in the most permissive states, open carry isn't allowed everywhere. Common off-limits places include:

• Schools and university campuses
• Courthouses and government buildings
• Polling places (in many states)
• Private property posted against firearms
• Establishments that primarily serve alcohol (in some states)

The rule of thumb: legal open carry tells you what's allowed on a public street, not inside every building. When in doubt, check the specific location's rules — and the state's full profile on its state page.

Key terms

Open carry

Carrying a firearm visibly, such as in a hip holster, rather than concealed.

Concealed carry

Carrying a firearm hidden from ordinary view.

Permitless open carry

Open carry that requires no license — the rule in most constitutional-carry states.

Brandishing

Displaying a firearm in a threatening or menacing manner. A crime everywhere, separate from lawful open carry.

Stop and identify

Laws (in some states) requiring you to give your name to police during a lawful stop.

Sensitive places

Locations where carry is restricted regardless of mode — schools, courthouses, government buildings, and the like.