National Constitutional Carry Act

Bill Number

H.R. 645

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Crime and Law Enforcement

Status

Introduced

Latest Action

2025-01-23: Referred to the House Committee on the Judiciary.

Last Updated

2026-07-01T08:08:31Z

AI-Generated Summary

Purpose

The National Constitutional Carry Act (H.R. 645) aims to protect the right to carry firearms in public by enforcing the Second Amendment (which guarantees the right to keep and bear arms) and the Fourteenth Amendment (which applies federal rights to the states) against state and local restrictions. It seeks to prevent states from criminalizing or limiting "constitutional carry"—the ability to carry firearms without a permit—for eligible U.S. citizens, based on the original meaning of these amendments and Supreme Court rulings.

Key Provisions

• Prohibition on Restrictions: No state or local government can impose criminal or civil penalties, or create indirect barriers (such as fees), on eligible U.S. citizens carrying firearms in public. This applies to both residents and nonresidents of the state.
• Nullification of Conflicting Laws: Any state or local statute, ordinance, regulation, custom, or practice that penalizes or discourages public carry by eligible citizens is rendered invalid and has no legal effect.
• Scope and Definitions:
• "State" includes the District of Columbia, Puerto Rico, and U.S. territories (excluding the Canal Zone).
• "Public" covers any place open to the public, regardless of ownership. Exceptions include:
• Privately owned locations where the owner clearly posts a prohibition on firearms.
• Places where state law requires firearm screening (e.g., airports or courthouses).
• Eligibility: Restrictions only apply to individuals who are otherwise allowed to possess firearms under both state and federal law (e.g., not felons or those prohibited by background checks).

Significant Changes to Existing Law

• Amends Section 927 of Title 18 of the U.S. Code (which previously addressed the interaction between federal and state firearm laws) by replacing its content entirely with new protections for public carry.
• Introduces federal preemption over state laws, overriding permit requirements, "may-issue" systems (where officials have discretion to deny permits), or other barriers to open or concealed carry in public.
• Builds on Supreme Court precedents like District of Columbia v. Heller (2008, affirming individual right to possess firearms), McDonald v. City of Chicago (2010, applying Second Amendment to states), and New York State Rifle & Pistol Association v. Bruen (2022, protecting public carry for self-defense), but codifies a nationwide standard that eliminates most state-level hurdles.

Potential Impacts

• On Citizens: Eligible gun owners gain uniform nationwide ability to carry firearms in public without state-specific permits or fees, potentially increasing personal self-defense options but raising safety concerns in areas with varying local attitudes toward guns.
• On Government Agencies: State and local law enforcement may face challenges enforcing prior gun laws, leading to reduced prosecutions for public carry violations. Federal courts could see increased litigation over conflicting regulations. No direct impact on international relations is outlined.
• Broader Effects: Could standardize gun carry rights across state lines, similar to reciprocity for concealed carry permits, but more expansive by eliminating permits altogether in public spaces.

Main Stakeholders Affected

• U.S. Citizens Eligible to Possess Firearms: Primary beneficiaries, including law-abiding gun owners who travel or reside in restrictive states.
• States and Local Governments: Lose authority to regulate public carry, affecting jurisdictions with strict gun laws (e.g., California, New York).
• Gun Rights Organizations (e.g., NRA affiliates): Likely supporters, as it advances their advocacy for minimal restrictions.
• Law Enforcement and Public Safety Advocates: May oppose due to concerns over unregulated carry increasing risks in crowded areas.
• Business Owners: Gain ability to post "no guns" signs on private property open to the public, providing localized control.

Notable Legal, Constitutional, or Political Implications

• Legal: Establishes a clear federal floor for Second Amendment rights, potentially invalidating hundreds of state and local laws overnight and inviting lawsuits to test boundaries (e.g., what counts as a "barrier to entry"). It reinforces Bruen's requirement that gun laws align with historical traditions but applies it preemptively through statute.
• Constitutional: Strengthens the incorporation of the Second Amendment to states via the Fourteenth Amendment's Due Process and Privileges or Immunities Clauses, affirming carry as a fundamental right "deeply rooted" in U.S. history. Could face challenges if seen as overreaching congressional authority under the Commerce Clause or Tenth Amendment (which reserves powers to states).
• Political: Introduced by a bipartisan but predominantly conservative group of representatives, it highlights divisions on gun policy—advancing "shall-issue" or permitless carry in all states while countering urban/rural splits. Passage could energize Second Amendment debates in an election year, but faces opposition in the Senate or from gun control groups, potentially stalling implementation.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Massie, Thomas [R-KY-4]

Cosponsors (74)

Rep. Boebert, Lauren [R-CO-4], Rep. Biggs, Andy [R-AZ-5], Rep. Brecheen, Josh [R-OK-2], Rep. Burchett, Tim [R-TN-2], Rep. Burlison, Eric [R-MO-7], Rep. Cline, Ben [R-VA-6], Rep. Cloud, Michael [R-TX-27], Rep. Collins, Mike [R-GA-10], Rep. Crane, Elijah [R-AZ-2], Rep. Gosar, Paul A. [R-AZ-9], Rep. Greene, Marjorie Taylor [R-GA-14], Rep. Harris, Andy [R-MD-1], Rep. Higgins, Clay [R-LA-3], Rep. Langworthy, Nicholas A. [R-NY-23], Rep. Luna, Anna Paulina [R-FL-13], Rep. Miller, Mary E. [R-IL-15], Rep. Moore, Barry [R-AL-1], Rep. Moran, Nathaniel [R-TX-1], Rep. Ogles, Andrew [R-TN-5], Rep. Rose, John W. [R-TN-6], Rep. Roy, Chip [R-TX-21], Rep. Self, Keith [R-TX-3], Rep. Spartz, Victoria [R-IN-5], Rep. Tenney, Claudia [R-NY-24], Rep. Tiffany, Thomas P. [R-WI-7], Rep. Weber, Randy K. Sr. [R-TX-14], Rep. Wied, Tony [R-WI-8], Rep. Gill, Brandon [R-TX-26], Rep. Harrigan, Pat [R-NC-10], Rep. Harris, Mark [R-NC-8], Rep. Perry, Scott [R-PA-10], Rep. Jackson, Ronny [R-TX-13], Rep. Biggs, Sheri [R-SC-3], Rep. Fry, Russell [R-SC-7], Rep. Nehls, Troy E. [R-TX-22], Rep. DesJarlais, Scott [R-TN-4], Rep. Hageman, Harriet M. [R-WY-At Large], Rep. Luttrell, Morgan [R-TX-8], Rep. Hunt, Wesley [R-TX-38], Rep. Gooden, Lance [R-TX-5], Rep. Carter, Earl L. "Buddy" [R-GA-1], Rep. Fleischmann, Charles J. "Chuck" [R-TN-3], Rep. Smith, Adrian [R-NE-3], Rep. Fallon, Pat [R-TX-4], Rep. Williams, Roger [R-TX-25], Rep. Harshbarger, Diana [R-TN-1], Rep. Crenshaw, Dan [R-TX-2], Rep. Van Orden, Derrick [R-WI-3], Rep. Grothman, Glenn [R-WI-6], Rep. Downing, Troy [R-MT-2] and 24 more

Recent Actions

• 2025-01-23: Referred to the House Committee on the Judiciary.
• 2025-01-23: Introduced in House
• 2025-01-23: Introduced in House

Bill Versions

• National Constitutional Carry Act — issued 2025-01-23 — PDF (5 pages)