PLEASE WATCH #HABERPA'S VIDEOFAQ # 416) What does “Constitutional Carry” mean? - https://youtu.be/nz5oqR1I75o
This Blog Post is intended to serve three purposes: First and foremost it's a PSA (i.e. a "Public Service Announcement" that's designed to provide the folks with important information), it's part of the rollout of the latest batch of #HaberPA's VideoFAQs highlighting # 416) What does “Constitutional Carry” mean? - https://youtu.be/nz5oqR1I75o and it's a shameless plug for #MichaelHaberLaw (#HaberPA's YouTube channel). Disclosures complete let's get to it:
- The PSA: #HaberPA's VideoFAQ # 416 explains both what "Constitutional Carry" means and what it doesn't mean (i.e. what you can and can't do in a Constitutional Carry State).
Thanks for asking me “What does “Constitutional Carry” mean?”
Before answering this please allow me a brief history lesson: Because they lived under the rule of a tyrannical monarch, our Founding Fathers were determined to create a "government of the people, by the people, for the people", and in their effort at ensuring that citizens would be able to “actively deter domestic rebellions and potential government tyranny” they ratified The 2nd Amendment to the U.S. Constitution which, in pertinent part, states “...the right of the people to keep and bear Arms, shall not be infringed.”
As plain and unambiguous as that language reads, over time the Supreme Court has allowed certain infringements on “...the right of the people to keep and bear Arms”. For instance: SCOTUS has permitted the placement of minimum age limits on folks who can possess firearms, has disqualified certain categories of people from possessing guns (for example convicted felons) and has authorized both “waiting periods” and background checks on would-be gun purchasers.
Still, the US Constitution and the Supreme Court establish federal baselines that set minimum standards and leave all 50 individual States free to establish their own rules, which can and do vary, sometimes greatly. For example: California arguably imposes the most rigorous permitting, purchasing, and manufacturing restrictions on both persons and weapons whereas Montana has among the fewest bureaucratic hurdles and least restrictive requirements in the nation.
Anyhow, the term “Constitutional Carry” simply means that a State has removed a “permit requirement” to carry a concealed a firearm in public. It DOESN’T mean that anyone can carry anything anywhere; it means that non-disqualified persons can carry non-disqualified weapons in non-disqualified places without applying, paying for and securing a Concealed Weapons Permit.
The way I like to sum up “Constitutional Carry” is to say that if you were to apply for a CWP and if you were to be approved then you don’t need a CWP in a Constitutional Carry State; however, if you’d be denied a permit then regardless of the reason why Constitutional Carry doesn’t apply to you and thus your possession of a firearm is a criminal act.
On a final note, as of 2026 there are 29 Constitutional Carry States in the US.
That said I thank you for your question and I appreciate your having asked it. Please remember that at #HaberPA it’s all about reasonable doubt and if you like this video then please subscribe to our YouTube channel / VideoFAQ as we’ll be putting out more soon!
- The shameless plug: #HaberPA's VideoFAQ catalogue is now up to 419 Criminal Defense, Criminal Law, Criminal Procedure, Constitutional Law, DUI, BUI, Domestic Violence, Evidence, Crime Victim Rights, Seal & Expunge and now includes Lawyer Ethics "Webisodes".
If you've not yet done so then I hope that you'll please SUBSCRIBE to #HaberPA's YouTube Channel #MichaelHaberLaw by visiting the following link: www.youtube.com/c/michaelhaberlaw
As of today we have 2,839 subscribers who've contributed to our 759,528 views, but your kind subscription will get us closer to reaching our immediate goal of 3,000 subscribers and 1,000,000 views!
Each #HaberPA VideoFAQ focuses on a specific question, most are 1 - 2 minutes long, but several in this latest batch are closer to the 3 minute mark (another relevant aside alert: "Necessity" is what we call an "Affirmative Defense", or a defense which negates the "intent" or Mens Rea" element of an otherwise criminal act as the actor's illegal conduct only occurred under threat, usually threat of harm), and while we may not always be successful in our endeavor we do consistently strive to make each VideoFAQ short, pointed, creative, entertaining and, most importantly, informative.
While I conjure some of the "questions" that form our VideoFAQs a substantial portion of them are in fact inspired by real world questions from others (e.g. clients, potential clients, random folks on social media / the internet, friends, family, colleagues, etcetera). Should you have a legal questions that you'd like #HaberPA to address then you're welcome - encouraged even - to SUBMIT it / them to me, be it by email (Sharky910@aol.com), calling or texting my cell phone (305-798-2220), messaging me on X /Twitter, MeWe or Truth Social (@Sharky910), on YouTube (via MichaelHaberLaw) or PM'ing me on FB (Miami.Criminal.Lawyer) and, assuming that your proposed topic is both appropriate and fits within our wheelhouse then I'll be happy to provide you with a custom tailored video answer to your relevant question.
With all that said I hope that you enjoy # 416, that if you've not yet done so then that you become a #MichaelHaberLaw subscriber and in any event that you know that no Attorney-Client Relationship with either #HaberPA or Michael A. Haber, Esq. exists as a result of watching any of our VideoFAQs. All information contained in and which may be construed from any #HaberPA VideoFAQ is meant to be generic in nature, should only be considered as academic and is not "Legal Advise" for any specific person or case. That said if you're looking for Legal Advise then please contact #HaberPA directly and schedule a confidential consultation.
Should you, a friend, a loved one or even someone that you {don't particularly like but happen to} know be in a jam with the Criminal Justice System then you can rest assured that either retaining or recommending #HaberPA will not only reflect well on you but will provide the client with unwavering, relentless and honest advocacy.
Established in 1991 and with no history whatsoever of any form of professional discipline, #HaberPA is readily available to have open, honest dialogue with potential clients and to quote and honor reasonable fees after identifying a realistic litigation objective. We're proud of our unblemished and time proven record of both having our client's "6:00", 24-7-365, 360° and of providing boutique, creative, effective, unwavering and zealous #CriminalDefense, #CriminalLaw, #CriminalProcedure, #ConstitutionalLaw, #Evidence, #DUI, #BUI, #DomesticViolence, #Probation, #Crime #CrimeVictimRights and #Seal & #Expunge representation to it's clientele, primarily in South Florida, on matters ranging from DUI to #DrugTrafficking and from #Misdemeanors to #Murder.
At #HaberPA "it's all about #ReasonableDoubt"!
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When it comes to "The Three Cs" (to wit: "Cops, Courts and Constitutions") you should always have a skilled and experienced Criminal Defense Lawyer who's focused on serving your interests. We can't stop the Cops from Arresting you or a Prosecutor from filing charges but as your legal champion #HaberPA can and will ensure that from the moment we're retained the abuse stops, your rights are respected and we seek to remedy past government misbehavior.
At #HaberPA "Its all about Reasonable Doubt"!
Michael A. Haber, Esq. is prepared to speak with you about your case!
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THIS BLOG POST (AS ARE ALL OF #HABERPA's BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!
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