PolicyBrief
H.R. 645
119th CongressJan 23rd 2025
National Constitutional Carry Act
IN COMMITTEE

The "National Constitutional Carry Act" would allow any U.S. citizen who can legally possess a firearm to carry it in public in any state, regardless of state or local laws.

Thomas Massie
R

Thomas Massie

Representative

KY-4

LEGISLATION

National Constitutional Carry Act: Your Right to Carry, Nationwide

The "National Constitutional Carry Act" aims to make it legal for anyone who can lawfully possess a firearm under federal and their home state law to carry it publicly anywhere in the United States, regardless of local or other state regulations. Basically, if you're cleared to own a gun, this bill says you're cleared to carry it – anywhere that's considered "public."

Unpacking "Public" Carry

This bill's core is about overriding state and local gun control laws. Section 3 directly amends existing federal code (18 U.S.C. § 927) to ensure that no state or municipality can enforce restrictions on public carry for anyone legally allowed to own a gun. The bill explicitly states that any conflicting state or local laws "shall have no force or effect." This includes D.C., Puerto Rico, and all U.S. territories.

But here's where it gets tricky: the definition of "public." The bill says "public" includes any place open to the public, with two key exceptions:

  1. Private Property: If a property owner clearly prohibits firearms, you can't carry there. Think businesses with "No Guns Allowed" signs.
  2. Screened Locations: Places where firearm screening is conducted under state law are also excluded. This could include some government buildings, but the "under state law" part is crucial – it creates a potential loophole.

Real-World Rollout: What Could Change?

Let's break down how this could play out in everyday life:

  • The Commute: Imagine someone who works in a state with strict gun laws but lives in a state with looser ones. Under this bill, they could legally carry during their entire commute, even if their workplace state prohibits it, as long as they are legally allowed to own the firearm.
  • Travel: Road trips get simpler for gun owners. No more checking state-by-state carry laws; if you're legal in your home state, you're good to go nationwide (again, respecting private property restrictions).
  • Local Businesses: A store owner in a city with strict gun control might have to allow firearms on their premises, unless they explicitly prohibit them and post clear signage. This puts the onus on individual businesses to manage their own firearm policies.

The Fine Print and Potential Problems

While the bill's proponents will likely tout it as a Second Amendment victory, there are some serious practical concerns:

  • State vs. Federal Rights: This bill is a direct challenge to states' rights to regulate firearms within their borders. It essentially creates a one-size-fits-all national standard, overriding local safety concerns and regulations.
  • The "Screening" Loophole: The wording about "places where firearm screening is conducted under state law" is vague. What if a city wants to screen for firearms at a public event, but there's no specific state law mandating it? Could that create a legal gray area?
  • Enforcement Confusion: Local law enforcement might face challenges in determining who is legally carrying, especially with visitors from states with different firearm ownership requirements. This could lead to confusion and potentially dangerous situations.

This bill is a significant shift in how firearms are regulated in the U.S. It prioritizes individual gun rights over state and local control, and its broad definition of "public" carry could have far-reaching consequences. While it simplifies things for gun owners, it also raises serious questions about public safety and the balance of power between federal and state governments. The specifics of state law, and how property owners choose to define where firearms are allowed, will be the crucial details.