Open Carry and Constitutional Carry Explained
Rich Neel provides a detailed breakdown of two key terms in the gun rights debate: Open Carry and Constitutional Carry. He explains that Open Carry laws allow individuals to carry firearms visibly in public without hiding them, provided they are not used in a threatening way. He highlights the significance of this tradition, especially in the Western United States, where open carry has historical roots.
Constitutional Carry, Neel continues, takes the principle further by asserting that individuals have the right to carry concealed weapons without a permit, based on the belief that the Constitution itself provides sufficient legal cover. “The concept,” Neel says, “is that within the boundaries of the United States, the Second Amendment should allow you to carry a weapon without needing special permission.”
Neel also recounts the surprising political history behind certain restrictions, such as California’s Mulford Act of 1967, signed into law by Ronald Reagan. He uses these examples to illustrate how state policies can vary dramatically, sometimes even contradicting the intent of the Second Amendment as he interprets it. This section paints a picture of the shifting legal landscape, reflecting the tension between local and national interpretations of the right to bear arms.