For those of us who have long championed the Second Amendment, the concept of national Constitutional Carry isn’t some radical new idea. In fact, it’s not even a novel interpretation of the law. It’s simply what the Second Amendment has always promised: the right to keep and bear arms, unencumbered by government permission slips, fees, or bureaucratic hoops. Yet here we are in 2024, still debating what should have been settled in 1791.

Let’s talk about what it would take to make Constitutional Carry the law of the land—a national restoration of what the Second Amendment already guarantees. Spoiler alert: It’s not an easy path, but with the current political landscape, it’s one worth pursuing.

The Legislative Hurdles

Passing national Constitutional Carry would require Congress to codify the Second Amendment’s intent into federal law, making it clear that citizens don’t need state-issued permits to carry firearms, concealed or otherwise. The framework already exists in individual states—27 of them have implemented Constitutional Carry at the state level—but translating that into national law faces significant hurdles.

    1.    Building a Majority in Congress

A bill to establish national Constitutional Carry would need a simple majority in both the House and Senate. With a slim Republican majority in the House and the Senate split nearly evenly, every vote counts. This means we’d need unwavering support from pro-Second Amendment legislators and likely a few Democrats from swing states to cross the aisle. While possible, the current hyper-partisan climate makes bipartisan support on gun rights a tall order. 

    2.    Overcoming the Filibuster in the Senate

Even if a majority in the Senate supports Constitutional Carry, the filibuster rule remains a formidable obstacle. To overcome a filibuster, 60 votes are required to invoke cloture and move the bill to a vote. This means securing support from at least 9 Democratic or independent senators—a nearly Herculean task given the Democratic Party’s current stance on gun control.

    3.    Presidential Support

Assuming a hypothetical Trump administration or another pro-Second Amendment president in office, the likelihood of signing such legislation into law would be high. However, any hint of executive hesitation would embolden opposition, so strong presidential backing is non-negotiable. As I've written elsewhere, and discussed on Cam & Company, a key step would be to remake the Biden administration's White House Office of Gun Violence Prevention.

    4.    Litigation and Judicial Review

Even if passed, expect immediate legal challenges. States with restrictive gun laws—like California, New York, and Illinois—would likely sue to block the legislation. This would eventually land before the Supreme Court, which, fortunately, is currently aligned favorably toward a robust interpretation of the Second Amendment. The Bruen decision provides a solid legal foundation to defend such a law.

Constitutional Carry: Why It’s Already the Law of the Land

Let’s not kid ourselves: the Second Amendment already guarantees Constitutional Carry. The language is clear: “the right of the people to keep and bear Arms, shall not be infringed.” There’s no asterisk, no clause about permits or background checks. It doesn’t say, “… unless your state government decides otherwise.”

Advocates for national Constitutional Carry aren’t pushing for new rights or expanded liberties. We’re simply asking Congress to reaffirm and protect what the Constitution has always stated. The patchwork of state-level laws—some allowing Constitutional Carry, others requiring permits—is a glaring inconsistency in applying a fundamental right.

Imagine applying the same logic to the First Amendment: a state requiring a permit to speak freely in public or publish an opinion would be immediately struck down as unconstitutional. Yet, when it comes to the Second Amendment, courts have historically been more permissive of infringement. Thankfully, that tide is shifting.

Strategic Steps Toward Passage

Passing national Constitutional Carry requires more than just wishful thinking. It demands a strategic, disciplined approach from gun-rights advocates and legislators.

    1.    Start with Interstate Reciprocity

While national Constitutional Carry is the ultimate goal, a stepping stone could be mandatory reciprocity for concealed carry permits. A reciprocity law would require all states to recognize each other’s permits, much like driver’s licenses. While this isn’t the full Constitutional Carry package, it sets the stage for a broader conversation and builds momentum.

    2.    Leverage the Bruen Decision

The Supreme Court’s decision in New York State Rifle & Pistol Association v. Bruen affirmed that gun-control laws must be rooted in the text, history, and tradition of the Constitution. This ruling provides a powerful legal precedent to argue that permits for carrying firearms are unconstitutional. Legislators should frame national Constitutional Carry as a necessary alignment with the Bruen standard.

    3.    Pressure State Legislatures

The more states that adopt Constitutional Carry, the harder it becomes for opponents to argue against it at the federal level. With over half of the states already on board, advocates should focus on converting holdouts and creating a political climate where federal action feels inevitable.

    4.    Mobilize Public Opinion

A knowledgeable and vocal Second Amendment community can make a huge difference. Educating the public about what Constitutional Carry truly means—restoring rights, not creating chaos—is key. The more Americans understand that this isn’t about “Wild West” scenarios but rather about restoring individual liberty, the harder it becomes for politicians to oppose it without facing backlash. Despite what the current Biden administration tells us, we know violent crime is up.  

I'll bet you, your friends and neighbors and especially your legislators don't know this.  Over 92 percent of violent crime does not involve a gun, yet you'd never know this from listening to the Biden administration, gun control advocates, and the nightly news.  The narrative in the news media is that access to guns is the cause of violent crime. And it's a narrative that activists, government officials, and their accomplices in the media use to convince you that the Second Amendment is the reason for violent crime.  But violent crime is not a gun issue.  It's a crime issue and we must mobilize our friends, neighbors, and most importantly government representatives--at all levels--to incarcerate the perpetrators of violent crime.

The Window of Opportunity

The current political landscape presents a unique opportunity to push for national Constitutional Carry. With a pro-Second Amendment administration likely to champion the cause and a Supreme Court ready to uphold it, the stars are as aligned as they’ve ever been. But windows like this don’t stay open forever.

This is a pivotal moment to restore the Second Amendment to its original meaning. Passing national Constitutional Carry isn’t about creating new rights; it’s about reaffirming the ones we’ve had all along. Let’s seize this moment to remind Congress—and the nation—that the Constitution isn’t a suggestion. It’s the supreme law of the land.