Open Carry

Last reviewed October 31, 2026

Open Carry: Where It Stands in 2026

Open carry, carrying a firearm in plain view, usually in a belt holster, is the oldest form of armed self-defense in America and was the norm at the Founding. Today it is legal in the large majority of states, often with no permit at all. Supporters point out that open carry requires no concealment skill, avoids accidental “printing” problems, and visibly affirms that bearing arms is a right, not a privilege.

The biggest recent change came in Florida. On September 10, 2025, Florida’s First District Court of Appeal held the state’s long-standing open carry ban unconstitutional in a case brought by defendant Stanley Victor McDaniels. Attorney General James Uthmeier declined to appeal and issued guidance to law enforcement, and the ruling became final statewide in late September 2025. Florida, with millions of gun owners, went from a ban state to an open carry state overnight.

As of early 2026, only a handful of jurisdictions still prohibit open carry of handguns: California, Connecticut, Illinois, Maryland, New Jersey, New York and the District of Columbia. Hawaii, Massachusetts, Minnesota and Rhode Island require a permit. California’s ban is under direct challenge: on January 2, 2026, a Ninth Circuit panel in Baird v. Bonta held the state’s open carry ban in its more populous counties unconstitutional, but the full court agreed to rehear the case en banc, and a final ruling remained pending as of the latest reports. Under NYSRPA v. Bruen (2022), states may regulate the manner of carry, but they may not deny ordinary citizens the right to carry in public altogether.

Key Facts

• June 23, 2022: NYSRPA v. Bruen confirmed a general right to carry in public for self-defense.
• October 1, 2023: Connecticut’s open carry ban (Public Act 23-53) took effect.
• September 10, 2025: Florida’s First District Court of Appeal struck down Florida’s open carry ban (Fla. Stat. 790.053); the state did not appeal.
• January 2, 2026: Baird v. Bonta (9th Cir., 2-1 panel) held California’s urban open carry ban unconstitutional; the state sought and obtained en banc rehearing.
• As of January 2026: open carry of handguns is prohibited in six states plus D.C. and requires a permit in four more, according to state-law surveys.

What Gun Owners Should Know

• Use a quality retention holster and keep the firearm secured; open carriers should train on weapon retention.
• Many states that allow open carry still ban it in specific places, such as schools, courthouses, polling places, bars and posted private property. See Gun Free Zones.
• State law can set special rules for certain cities; Pennsylvania, for example, requires a license to carry in Philadelphia (18 Pa.C.S. 6108). Check local law before carrying.
• Constitutional carry states usually allow open carry without a permit, but some apply different rules to open and concealed carry, so verify both. See Constitutional Carry.
• Expect contact with police and remain calm and courteous. Know whether your state requires you to disclose that you are armed.

Sources

• Florida Attorney General: Open Carry Guidance Letter (September 2025)
• New York State Rifle & Pistol Ass’n v. Bruen (2022), Supreme Court opinion
• JURIST: US Appeals Court Strikes Down California’s Urban Open Carry Ban (January 2026)
• State-by-State Open Carry Law Survey (updated January 14, 2026)