National Constitutional Carry Act

Bill Number

S. 4013

Origin Chamber

Senate

Congress

119th Congress, Session 2

Policy Area

Crime and Law Enforcement

Status

Introduced

Latest Action

2026-03-05: Read twice and referred to the Committee on the Judiciary.

Last Updated

2026-06-25T12:18:24Z

AI-Generated Summary

Purpose

The National Constitutional Carry Act aims to protect the Second Amendment right to keep and bear arms—specifically the right to carry firearms in public for self-defense—by making it enforceable against state and local governments through the Fourteenth Amendment. It seeks to prevent states from imposing restrictions that conflict with the original meaning of these constitutional protections, as interpreted by key Supreme Court decisions.

Key Provisions

• Prohibition on State Restrictions (18 U.S.C. § 927(a)): 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 who are legally allowed to possess firearms under state and federal laws.
• Invalidation of Conflicting Laws (18 U.S.C. § 927(b)): Any state or local law, regulation, or practice that criminalizes, penalizes, or discourages public carry of firearms by eligible citizens is declared to have no legal force or effect.
• Definitions (18 U.S.C. § 927(c)):
• Firearm: Broadly includes guns (as defined in federal law), ammunition-feeding devices (like magazines), and ammunition.
• Public: Covers any place open to the public, regardless of ownership. However, it excludes privately owned public places with clear, conspicuous signs prohibiting firearms, and areas where state-mandated firearm screening occurs (e.g., airports or courthouses).
• State: Includes the District of Columbia, Puerto Rico, and U.S. territories (excluding the Canal Zone).
• Congressional Findings (Section 2): The bill cites Supreme Court rulings, including District of Columbia v. Heller (2008, affirming individual right to keep arms), McDonald v. City of Chicago (2010, applying Second Amendment to states via Fourteenth Amendment), and New York State Rifle & Pistol Association v. Bruen (2022, protecting public carry and requiring gun laws to align with historical traditions), to justify the need for federal enforcement against inconsistent state laws.

Significant Changes to Existing Law

• Replaces the entire text of 18 U.S.C. § 927, which previously allowed states to regulate firearms unless explicitly preempted by federal law (e.g., on interstate transport). The new version shifts to a strong federal mandate, directly overriding state and local restrictions on public carry.
• Expands federal oversight by invalidating a wide range of state "may-issue" permitting systems, "shall-issue" requirements with burdensome fees, and outright bans on concealed or open carry, ensuring "constitutional carry" (permitless carry) becomes the national baseline for eligible individuals.
• Broadens the definition of "firearm" beyond the standard federal definition to explicitly include ammunition and magazines, preventing states from regulating these as proxies for restricting carry.

Potential Impacts

• On Citizens: Eligible U.S. citizens (those not prohibited from possessing firearms, e.g., due to felony convictions) gain uniform nationwide ability to carry firearms in public without state permits or fees, potentially enhancing personal self-defense but increasing risks in areas with high population density or crime.
• On Government Agencies: State and local law enforcement may face challenges enforcing invalidated laws, leading to confusion, resource strains, or lawsuits. Federal agencies (e.g., Department of Justice) could see increased roles in monitoring compliance or litigating violations.
• On International Relations: Minimal direct impact, though it could affect U.S. credibility in global discussions on gun violence or arms control treaties, as foreign governments might view it as prioritizing domestic gun rights over public safety concerns.

Main Stakeholders Affected

• U.S. Citizens and Gun Owners: Primary beneficiaries, particularly those in states with strict carry laws, who gain expanded rights to public carry.
• States and Local Governments: Adversely affected, especially in jurisdictions with restrictive policies (e.g., California, New York), as their laws become unenforceable, potentially leading to legal battles or policy overhauls.
• Gun Rights Organizations (e.g., NRA): Likely supporters, as the bill aligns with their advocacy for minimal regulation.
• Gun Control Advocates and Public Safety Groups: Opponents, concerned about increased access to firearms in public spaces.
• Law Enforcement and Businesses: Must adapt to new realities, with police potentially needing updated training and private property owners gaining clearer rights to post no-firearm signs.

Notable Legal, Constitutional, or Political Implications

• Legal: Could preempt hundreds of state and local ordinances, sparking litigation in federal courts to define "eligible" possessors or "indirect barriers." It reinforces Bruen's historical-tradition test but legislatively codifies it, potentially reducing judicial discretion in gun cases.
• Constitutional: Builds directly on Supreme Court precedents by using Congress's enforcement power under the Fourteenth Amendment's Due Process and Privileges or Immunities Clauses to bind states, affirming the Second Amendment as a fundamental right applicable nationwide. However, it may face challenges if seen as overreaching federal authority into traditional state police powers.
• Political: Highly divisive, appealing to Second Amendment proponents but criticized by those favoring stricter gun controls amid rising concerns over mass shootings and urban violence. As a Senate-introduced bill (by Sen. Mike Lee, R-UT) in the 119th Congress, it reflects ongoing partisan debates on gun policy, with passage unlikely without broader support but serving as a marker for future legislative or judicial pushes.

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

Sponsor

Sen. Lee, Mike [R-UT]

Cosponsors (3)

Sen. Paul, Rand [R-KY], Sen. Barrasso, John [R-WY], Sen. Daines, Steve [R-MT]

Recent Actions

• 2026-03-05: Read twice and referred to the Committee on the Judiciary.
• 2026-03-05: Introduced in Senate

Bill Versions

• National Constitutional Carry Act — issued 2026-03-05 — PDF (5 pages)