Guns in Public A Threat to Safety and Democracy - OCTOBER 2020
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Guns in Public
A Threat to Safety and Democracy
OC TOBER 2020
ABOUT THE C OALI TION TO STOP GUN VIOLENC E
The Coalition to Stop Gun Violence (CSGV) is the nation’s oldest gun violence prevention
organization, founded in 1974. Along with its affiliate organization, the Educational Fund to Stop
Gun Violence, CSGV develops and advocates for evidence-based solutions to reduce gun injury and
death in all its forms. CSGV’s guiding principle is simple: We believe gun violence should be rare
and abnormal. We pursue this goal through policy development, advocacy, community engagement,
and effective training.
REPOR T C ONTRIBUTOR S
The Coalition to Stop Gun Violence would like to thank Ari Davis, Kelly Roskam, Dakota Jablon,
Lisa Geller, Lauren Footman, Vicka Chaplin, and Josh Horwitz for their contributions to the
development of this report.
SUGGESTED C I TATION
Coalition to Stop Gun Violence. (2020). Guns in Public: A Threat to Safety and Democracy.
Available: csgv.org.
GUNS IN PUBLIC 2
Contents
Letter from Coalition to Stop Gun Violence
Executive Director Josh Horwitz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Executive Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Introduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Open and Concealed Carry Laws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Concealed Carry: A Changing Landscape. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
How Weak Public Carry Laws Increase Gun Violence. . . . . . . . . . . . . . . . . . . . . 12
Evidence that Weak Public Carry Laws
Increase Violent Crime and Homicides. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Concealed Carry Reciprocity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Prohibiting Public Carry in Sensitive Places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Recommendations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
GUNS IN PUBLIC 3
LE TTER FROM Coalition to Stop Gun Violence Executive Director Josh Horwitz
The 2020 election season is unlike any other in modern American
history. Our country is in the midst of unprecedented crises that threaten the core
tenets of liberalism and democracy. We face a president who, taking cues from the gun
lobby, incites insurrectionist violence, and undermines our democratic institutions
by creating a political climate of fear and hatred. In the first presidential debate of
the general election, President Trump refused to denounce a white supremacist hate
group and instead told them to “stand back and stand by.” These tactics have given
rise to widespread political violence, primarily instigated by far-right militias across
America. They have led to the killing of protesters, the armed intimidation of state
lawmakers, and the normalization of armed confrontations in our streets.
These serious threats to our democracy are fuelled by a decades-long effort from the
gun lobby to dismantle centuries-old public safety laws that limited individuals from
carrying guns in public. The gun lobby has continued to propagate the idea that guns
should be used to achieve a political end, and the display and use of private guns is
an acceptable means of response to individuals with differing views. Today, in many
states Americans can carry guns in public, at protests, in state capitals, and even in
front of polling places, leading to armed intimidation across our country.
Weak public carry laws combined with President Trump’s inflammatory rhetoric,
fueled by the gun lobby, has pushed our nation to a breaking point. Starting with the
2017 neo-Nazi rally in Charlottesville we have seen, with increasing regularity, the
rise of armed right-wing militia groups. These right-wing extremists intimidate and
threaten those with differing views, whether it’s over a Black Lives Matter protest or a
COVID-19 public health response.
Weak public carry laws fuel the violence we are witnessing across our country. If
unchecked, these laws will continue to act as the catalyst for political violence and
insurrectionism that threaten the future of our country.
However, it is not too late to preserve our democracy. If we indeed value our
democracy and our public safety, we must pass laws that disarm extremism by
banning public carry and strengthening concealed carry laws across the country.
We must vote for officials up and down the ballot who support these strong gun
violence prevention laws and will be tenacious about getting these laws enacted.
Our democracy should not be decided by the barrel of a gun. 2020 offers us an
opportunity to vote for gun safety.
Josh Horwitz
Executive Director, Coalition to Stop Gun Violence
GUNS IN PUBLIC 4
Executive Summary
The carrying of firearms in public places poses a serious threat to public safety. Over the last four
decades, the gun lobby has influenced states to weaken their concealed and open carry laws. As a result,
an increasing number of Americans are carrying guns in public. Weak open and concealed carry laws
increase gun violence in multiple ways: they 1) allow individuals who have a history of acting violently
to carry their firearms in public, 2) promote a “shoot first” culture of violence, 3) encourage armed
intimidation by hate groups, and 4) complicate law enforcement’s response to potential threats. To
reduce gun violence, states should strengthen their concealed and open carry laws.
This report outlines the scope of public carry laws in America. It examines the shift that led the vast
majority of states in this country to weaken their public carry laws and describes the research on its
impact on gun violence. The report concludes with recommendations for policymakers to protect our
country from violence and armed intimidation, and thereby preserve our democracy and freedom.
The Scope of Public Carry Laws
• An estimated 9 million Americans carry loaded handguns in public each month and 3 million
Americans do so each day.1
• As of September 2020, 47 states allow for open carrying of guns in public places, with many states
allowing individuals to carry assault rifles at protests, into state capitol buildings, and even in front
of polling places.2
• As of September 2020, 15 states have permitless concealed carry laws, allowing individuals to carry
a concealed gun in public without a permit.3
The Impact of Weak Public Carry Laws
• Research has found just the presence of firearms can prime aggressive thoughts regardless of
whether a “good guy” or “bad guy” is holding the gun.4 Weak public carry laws can escalate conflict
and encourage intimidation by extremist groups.5
• Shall-issue (a weak type of public carry law) concealed-carry permitting laws are linked to a nearly
9% higher firearm homicide rate, and a 13-15% higher violent crime rate compared to may-issue
laws (a stronger public carry law).6,7
• At least 35 mass shootings were carried out by concealed carry permit holders since May 2007.8
Policy Recommendations
• Enact and implement state prohibitions on the open carry of firearms in public.
• Strongly regulate concealed carry of firearms to help protect public safety.
GUNS IN PUBLIC 5Introduction
Since our nation’s founding, states have enacted laws that regulate the carrying
of firearms in public to ensure public safety. In fact, public carry laws were
among the most widely adopted gun laws in the United States, and up until the
last few decades, these laws were largely uncontroversial.9 By the early 1900s,
43 states had laws restricting and, in some cases, prohibiting carrying firearms
in public places.10 While these state laws differed in whether they restricted
concealed carry, open carry, or both, they demonstrate that carrying firearms in
public has always had limitations to ensure safety and prevent violence.
Over the last three decades, the gun lobby has perpetuated the myth that the
public carrying of guns makes society safer. However, research consistently
shows there is no public safety benefit for carrying a gun in public.11 Yet, the
gun lobby, citing pseudoscience, has lobbied state legislators to weaken gun-
carrying laws across this country.12 The gun lobby has transformed how the
American public perceives and practices gun carrying. In the process, the
gun lobby has endangered American lives and created a culture of fear and
intimidation where anyone can be carrying a weapon in any public place at any
time. The latest research confirms that this drastic shift in how Americans are
allowed to carry guns in public places has had deadly consequences, increasing
homicide rates and violent crime.13,14
GUNS IN PUBLIC 6The weakening of our public carry laws has enabled the resurgence of hate crimes,
armed right-wing extremists, and paramilitary groups. According to the FBI, violent hate
crimes have reached a 16-year high with 4,571 physical assaults classified by law enforcement
agencies as hate crimes in 2018 (the latest year for which data is available).15 A report by the Anti-
Defamation League, which tracks murders perpetrated by domestic extremists, found that in 2018
alone at least 50 people were murdered by right-wing extremists.16 Hate crimes - whether physical
attacks or threats - are often carried out with a gun.17
In 2020 our nation confronts the dual crises of COVID-19 and police violence, causing widespread
uncertainty and instability. These crises are compounded by the public carrying of guns and the
normalization of armed vigilantism. This has fueled a surge in armed confrontations and political
violence across this country. A report released by the Armed Conflict Location & Event Data
Project and the Bridging Divides Initiative at Princeton University documents the dramatic rise
in armed militias and other non-state actors over the summer of 2020. The report found that
armed militias often incited confrontation and violence at what otherwise would have been
peaceful demonstrations. In July 2020 alone, these groups engaged in nearly 30 events intimidating
demonstrators and the public. The report concluded that the “United States is at heightened risk of
political violence and instability going into the 2020 general election.”18
When demonstrators carry firearms at protests the results can quickly turn deadly. On August 25,
2020, Kyle Rittenhouse joined a group of armed men to openly carry assault weapons and other
military gear in Kenosha, Wisconsin claiming that they were protecting property. Confrontations
erupted and Rittenhouse shot and killed two demonstrators and injured another.19 One week later,
in Portland, Oregon, after a night full of violent clashes between pro-Trump demonstrators and
counter-protesters, a man who claimed to be part of the antifa movement shot and killed a pro-
Trump demonstrator.20
These tragedies, and the political violence and instability they perpetuate, are preventable. Strong
public safety laws that prohibit the open carrying of guns in public places and the concealed carry
of guns at protests can diffuse the hate and violence that threatens our democracy.
“Dangerous chaos ensues when guns are added to volatile situations.
In America today, guided by Donald Trump’s violent rhetoric and
encouragement of untrained, unregulated, unprepared ‘militias,’ the gun
culture has grown tragically out of hand. There are just too many guns
in public, and too many people are too quick to use them, including law
enforcement, ignoring the infectious nature the first shot fired can lead to.”21
– JOSH HORWI TZ, EXECUTIVE DIRECTOR
GUNS IN PUBLIC 7Open And Concealed Carry Laws
Laws that generally regulate and in some cases prohibit the carrying
of guns in public places fall under two categories: open carry and
concealed carry laws.
Open Carry: The practice of openly carrying a visible gun while in public
Federal law does not prohibit the open carrying of guns in public except for a few narrowly defined
sensitive areas. Despite a long history of state laws prohibiting guns in public, today almost all states
(47) allow for some type of open carrying of guns. Three states (California,22 Florida,23 and Illinois24)
and D.C.25 prohibit the open carry of any type of firearm.26 Five additional states prohibit the open
carry of either long guns (Massachusetts,27 Minnesota,28 and New Jersey29) or handguns (New York30
and South Carolina31).
Prohibit Open Carry –
All Types of Firearms
Prohibit Open Carry
of Long Guns
Prohibit Open Carry
of Handguns
It is important to note that states that permit open carry still often prohibit the open carrying of
guns in sensitive areas such as schools, hospitals, and government buildings.32 Likewise, some states
require a permit or license to openly carry a firearm.33 The permitting process varies by state but it
generally requires individuals to apply for a permit and be approved by a law enforcement agency
before an individual can openly carry.34 However, in the majority of states, it is legal to openly carry
a loaded firearm without a permit—31 states allow individuals to openly carry handguns in
public without a permit.35
GUNS IN PUBLIC 8Concealed Carry: The practice of carrying a concealed gun in public
Federal law does not prohibit the concealed carrying of guns in public, except for a few narrowly
defined sensitive areas. Historically, states prohibited or strictly regulated the carrying of concealed
guns in public.36 They have generally done so either through outright prohibitions or by requiring
a rigorous permitting process in which state law enforcement has the discretion to issue or deny a
permit on a case-by-case basis.37 State concealed carry laws generally fall under four categories:
NO ISSUE:
The state prohibits concealed carry in public and does
CATEGORIES OF STATE
not issue concealed carry permits. While many states did
CONCEALED CARRY
not issue concealed carry permits in the past, no state FIREARM LAWS
currently falls in the ‘no issue’ permitting classification
today.
Permitless
MAY-ISSUE: No permit is required
The permit-issuing agency has wide discretion to issue to carry a concealed
or deny a concealed carry permit based on factors such firearm.
as the applicant’s “good character” or their demonstrated
need to have a concealed carry permit. In simpler terms,
May-Issue
the state may issue a permit.38
Public safety
officials have some
SHALL-ISSUE: discretion to issue
Shall-Issue - Limited Discretion: The permit-issuing agency or deny a concealed
has a limited amount of discretion to issue or deny carry permit.
a concealed carry permit based, for example, on the
character of the applicant.39 The shall-issue - limited
discretion category falls between a may -issue and shall-
Shall-Issue
Anyone who may
issue - no discretion categorization.
legally own a
Shall-Issue - No Discretion: The permit-issuing agency has handgun under
no discretion. Anyone who may legally own a gun under that state’s laws
state law and who applies for a concealed carry permit and applies for a
will be issued a permit. In simpler terms, the state shall concealed carry
issue a permit to legal gun owners.40 permit shall be
issued the permit.
PERMI TLESS CARRY:
No permit is required to carry a concealed gun. Any
individual who can legally possess a gun under state
law can generally carry a concealed gun with them in
public spaces. States that have permitless carry also issue
permits under the “shall-issue” permitting criteria.41
GUNS IN PUBLIC 9Concealed Carry: A Changing Landscape
Four decades ago, before the gun lobby embarked on a campaign to
weaken America’s public carry laws, nineteen states had “no issue”
laws, which prohibited concealed carrying of firearms in public.
Twenty states had strong “may-issue” laws in which permits were
issued only if the applicant could demonstrate a good reason to
have a permit. Only four states had less restricting “shall-issue” laws
allowing any gun owner to easily qualify for a permit. Just one state
allowed “permitless carry” of a concealed gun in public.42
State Concealed Carry Permit Laws: 1980
Concealed Carry Firearm Laws
No issue May-issue Shall-issue Permitless
Source: Rand State Firearm Database
GUNS IN PUBLIC 10The gun lobby succeeded in eroding gun-carrying laws across America. Today, all fifty states
allow for some form of concealed carry and only eight states and D.C. have “may-issue”
concealed carry permit laws. Twenty-seven states have “shall-issue” concealed carry permit laws
and 15 states have permitless concealed carry allowing individuals to carry a concealed gun in public
without a permit.43
State Concealed Carry Permit Laws: 2020
Concealed Carry Firearm Laws
No issue May-issue Shall-issue Permitless
Source: Giffords Law Center. Last accessed July 2020.
The erosion of public carry restrictions allows an increasing number of Americans to legally carry
their firearm in public spaces with very little oversight. A 2017 survey found that over a quarter of
all gun-owning adults “carry a gun outside of their home all or most of the time.”44 Similarly, a 2017
study estimated that 9 million Americans carry their loaded handguns in public each month, and 3
million do so each day.45 This study found that in states with permitless carry and shall-issue laws,
more than twice as many handgun owners reported carrying a concealed loaded handgun in the past
30 days when compared to states with “may-issue” laws.
GUNS IN PUBLIC 11How Weak Public Carry Laws
Increase Gun Violence
The increase in the number of Americans carrying guns in public
as a result of lax public carry laws fuels gun violence in multiple
ways. These laws 1) allow individuals who have a history of acting
violently to carry their firearms in public, 2) promote a “shoot first”
culture of violence, 3) encourage armed intimidation by hate groups,
and 4) complicate law enforcement’s response to potential threats.
1 Allows individuals who have a history of acting violently
to carry their firearms in public
In states with permitless carry and shall-issue laws, anyone who can legally own a gun can
easily qualify to carry a gun in public. These individuals may have exhibited clear risk factors
for gun violence including a history of violent misdemeanors, domestic violence, risky
alcohol use, or threatening behavior.
Many of these individuals may feel emboldened by their public gun carrying and are more
likely to act aggressively.46 For example, one study examined the 13 states with the least
restrictive gun laws, all permitless carry, and found that in these states 60% of individuals
incarcerated for gun-related violent crimes legally owned the guns they used in the crime.47
This demonstrates that a large portion of violent gun crime is perpetrated by individuals
who are allowed to possess a gun. Weak concealed carry laws allow these individuals who
have shown a predisposition towards acting aggressively and violently, to carry a gun in
public places, putting the American public at risk.
On January 24th, 2019 an argument broke out between a concealed handgun
permit holder and his former girlfriend at a hotel bar and grill in State College,
Pennsylvania. Two bystanders, a father and son, attempted to intervene and
were fatally shot by the concealed carry permit holder. The ex-girlfriend of the
attacker was also shot. The attacker fled the crime, broke into a nearby house,
and murdered an 82-year-old man before dying by suicide. Just ten days
earlier, the attacker had pled guilty to three misdemeanors relating to a drunk
driving car crash.48
GUNS IN PUBLIC 122 Escalates conflict and promotes a “shoot first” culture of
violence
When large segments of the population are armed in public, altercations can quickly turn
fatal. Weak public carry laws promote a “shoot first” culture of violence that can turn
political disagreements into tragedies.
The Black Lives Matter movement protests and the subsequent right-wing
counter-protests occurring across America in the summer of 2020 highlight
how confrontations can quickly devolve into shootings when demonstrators
are carrying guns. The carrying of firearms escalated conflicts and created the
conditions that led to the deaths of demonstrators in Austin, Texas; Kenosha,
Wisconsin; and Portland, Oregon.
• On July 26th, 2020 Garrett Foster was shot and killed from a vehicle while
attending a Black Lives Matter protest in Austin, Texas. The killer claims that
Foster pointed an assault rifle at him before he fired his handgun claiming he
feared for his life.49
• On August 25th, 2020 Anthony Huber and Joseph Rosenbaum were shot
and killed at a protest in Kenosha, Wisconsin. The killer, who was armed and
openly carrying an assault weapon, claims he was acting in self-defense.50
• On August 29th, 2020 Aaron Danielson was shot and killed after a protest in
Portland, Oregon. The killer, who was carrying a loaded gun, approached and
shot Danielson.51 The killer claimed he and his friend were in danger and he
was acting in self-defense.52
Public carrying of firearms can also escalate minor arguments between citizens who would
otherwise be carrying out routine activities. In fact, research consistently notes that the
mere presence of a gun increases aggressive thoughts and actions.53 A prime example of
how this can play out in routine interactions between individuals is road rage violence. Two
research studies have found that individuals who carry firearms in their car are more likely
to act aggressively towards others and engage in road rage when compared to their non-gun
carrying counterparts.54,55
In September 2013, two Michigan drivers had an altercation over whether one
car was tailgating the other. Michigan’s weak concealed carry law allowed both
drivers to be carrying loaded firearms. The dispute ended in a shootout that left
both drivers dead.56
GUNS IN PUBLIC 13Weak public carry laws combined with stand your ground laws promote vigilantism and
a “shoot first” mentality. Stand your ground laws allow individuals to use lethal force to
defend themselves against perceived threats without first attempting to safely retreat.
Together, weak public carry and stand your ground laws arm untrained individuals and
give them the green light to shoot first, ask later when they are confronted with a potential
threat. Often untrained individuals panic in stressful situations using poor judgment clouded
by racist stereotypes or implicit biases.57,58
Ahmaud Arbery: The deadly combination of weak
public carry and stand your ground laws
Weak public carry laws combined with stand your ground statutes are a deadly
combination that can often result in the killing of unarmed Black men and
women. The combination of these two laws allows people to both carry a gun
in public with few restrictions, and use that gun in self-defense even when they
could easily retreat.59 In February 2020, Ahmaud Arbery was jogging through
a Georgia neighborhood when he was confronted by two White men. These
men retrieved a handgun and shotgun from their home and pursued Arbery in
their pickup truck.60 The men proceeded to follow Arbery, got out of their vehicle
and after a brief confrontation, shot and killed him. Georgia’s weak public carry
laws allowed these individuals to carry their loaded guns on them while in their
vehicle, even though they did not have a permit to carry a concealed firearm or
to openly carry a firearm in public.61 Likewise, Georgia law allowed the shooter
to openly carry his shotgun outside of his vehicle in the moments leading up
to the shooting.62 His murderers justified the killing by invoking Georgia’s stand
your ground law and no investigation or arrests were made until months later.
Ahmaud Arbery’s senseless killing is one of the most recent examples of the
dangerous combination of weak public carry laws combined with stand your
ground statutes. These two laws promote a “shoot first” culture of gun violence,
that when combined with racism, or even racial bias, too often result in the killing
of unarmed young Black men and women.63
GUNS IN PUBLIC 143 Encourages intimidation by insurrectionists and other
hate groups
Weak public carry laws, particularly open carry laws, can promote a culture of intimidation.
While everyone has a right to speak and assemble freely, there is a difference between
armed intimidation and peaceful assembly. Due to many states’ weak public carry laws,
far too often extremist hate groups use military-style weapons to intimidate and thereby
suppress the rights of others wishing to express their views.64
The Unite the Right neo-Nazi rally in August 2017 in Charlottesville, Virginia exemplifies
how weak public carry laws limit a state’s ability to prevent armed extremists from
intimidating citizens and inciting violence. White supremacists, militiamen, and members
of known hate groups used their weapons to intimidate residents, counter-protesters, and
police. Virginia’s public carry and preemption laws prevented state and local authorities
from prohibiting people at the rally from carrying firearms. This left law enforcement and
local officials without the tools to effectively address the threats of hate and violence. This
case is not unique; in fact, 36 states have laws that take away the ability of local authorities to
prevent extremists from demonstrating with openly carried guns.65
As recently as January 2020, the Educational Fund to Stop Gun Violence and other gun
violence prevention groups were forced to cancel their 28th annual MLK Day Vigil in
Richmond, Virginia due to credible threats of violence by armed extremists and neo-
Nazis.66 Virginia Governor Ralph Northam declared an emergency order to temporarily
ban weapons on the Capitol grounds where state lawmakers vote, but he was unable to take
measures to protect the residents of Richmond.67 Thousands of armed individuals took over
the streets of Richmond openly intimidating lawmakers, activists, and residents with racist
and insurrectionist threats of violence.68
“The individuals who seek to turn a day which is traditionally about
citizens exercising their First Amendment rights and participating in
the democratic process into a platform for political violence are trying
to destroy our democracy. They have amplified and fanned the flames
of insurrectionism and civil war in a way that is irresponsible and
dangerous. Now, citizens who represent the overwhelming majority of
Virginians are prevented from lobbying their officials because of credible
threats to their safety. This is a full-scale rejection of our democratic
elections. This is mob rule. It is a grave threat to our democracy.”
– L ORI HAAS, SENIOR DIRECTOR OF A DVOCACY & VIRGINIA STATE DIRECTOR. 69
GUNS IN PUBLIC 154 Complicates law enforcement’s response to potential
threats
Weak public and concealed carry laws also impair law enforcement’s effectiveness by
complicating how police can respond to potential threats. As an increasing number of
Americans carry concealed weapons, police face a greater risk of encountering lethal
violence when investigating suspected criminal activity. This may make police more prone
to using deadly force out of fear that a suspect is armed.
The increase in the number of Americans carrying guns in public can also make it hard
for law enforcement to identify when someone poses a danger or is simply carrying their
firearm on them in public. Law enforcement may be less likely to investigate suspicious
gun-carrying activity when states allow individuals to open carry. For example, on the
morning of October 31, 2015, Colorado Springs police received a report of a man carrying
a long black rifle outside of a resident’s home. Colorado allows open carry and thus law
enforcement did not immediately investigate the report. The man proceeded to go on a
shooting spree through the neighborhood, fatally shooting three people. 70
Law enforcement can also become easily confused and unable to identify the suspect when
concealed carry permit holders attempt to also take action.71 In the wake of a 2017 Walmart
mass shooting, police stated that the presence of multiple concealed carry permit holders
drawing their weapons “absolutely” delayed their ability to identify and apprehend the
suspect.72 This confusion among law enforcement as to who is the suspect can also end in
tragedy. For example, in 2018 police responded to a fight in Portland, Oregon where they
saw a man with a firearm. They fatally shot the man who ended up being a concealed carry
permit holder who was trying to be a good Samaritan and break up the fight. 73
“It is increasingly challenging when people have AR-15s [a type of rifle]
slung over, and shootings occur in a crowd. And they begin running, and
we don’t know if they are a shooter or not. We don’t know who the ‘good
guy’ versus who the ‘bad guy’ is, if everybody starts shooting.”
–D
ALLAS POLIC E C HIEF DAVID BROWN, describing the confusion police encountered in trying to
identify the suspect who killed five Dallas police officers.74
GUNS IN PUBLIC 16Public Carrying of Firearms Exacerbates
Tensions During the COVID-19 Pandemic
In June 2020 in Rockland, Maine, an 84-year-old man confronted a man and woman
who were not wearing face coverings at a supermarket, which was required by state law.
According to police, the 84-year-old made a comment saying maybe he should shoot
people who are not wearing masks. He then pulled up his shirt to show his gun.75
The next month in this same Maine town, a customer at a Dunkin’ Donuts notified a fellow
customer he was not wearing a mask, which was required in stores. The man reportedly said
he could not wear a mask because he was wearing “this” and shifted his body to show the
other customer his gun.76
While no one was physically harmed in these two incidents, these are two examples of
armed intimidation as a means to achieve different political ends. Regardless of intention in
either situation, the mere presence of a gun was used to threaten, intimidate, and escalate
tensions during the COVID-19 pandemic.
GUNS IN PUBLIC 17Evidence that C ONC EALED CARRY PERMI T
HOLDER S HAVE:
Weak Public Carry
Killed over
Laws Increase
Violent Crime 1,358
people
and Homicides
There is no comprehensive database Carried out
that tracks the number of gun crimes
committed by concealed carry permit
holders. Whether the perpetrator of
35
mass shootings
gun violence had a concealed carry
permit or did not is rarely recorded.
The true number of gun crimes carried Killed
24
out by concealed carry permit holders
is unknown, and any count based on
available data is a large underestimate.
Using news reports and public records, law enforcement officers
the Violence Policy Center documented
that from May 2007 to December
2019 there have been at least 1,358
non-self defense killings by concealed
carry permit holders. This includes 35 Violence Policy Center
mass shootings and 24 killings of law From May 2007 to December 2019
enforcement officers. 77
GUNS IN PUBLIC 18WEAK C ONC EALED CARRY LAWS ARE LINKED TO
8.6% 29%
higher firearm higher rate of firearm
13-15%
higher rates of
homicide rates workplace homicides violent crime
Homicides
A 2017 study examined homicide rates in “shall-issue” states compared to “may-issue” states from
1991 to 2015. It found that shall-issue state laws were associated with statistically significant 6.5%
higher homicide rates, 8.6% higher firearm homicide rates, and 10.6% higher handgun homicide
rates.78 Similarly, a 2018 study examined the impact of public carry laws on firearm homicide rates
in urban counties and found that counties in states with right-to-carry laws (states with either
permitless carry or shall-issue laws) experienced a 7% increase in firearm homicide rates when
compared to states with stronger concealed carry permitting laws (meaning the states had more
restrictions on issuing concealed carry weapon permits).79
Violent Crime
An analysis published in 2019 by John J. Donahue and Abhay Aneja of Stanford Law School and
Kyle D. Weber of Columbia University provides the most comprehensive analysis of shall-issue laws
to date. The researchers analyzed data from the 33 states that enacted these laws from 1977 through
2014 using an array of different statistical methods and controlling for demographic, economic, and
law enforcement factors. Each of the different statistical approaches found that the state enactment
of shall-issue laws are associated with an increase in violent crime rates, and these effects increase
over time. They estimated that 10 years after states enacted shall-issue laws, they experienced violent
crime rates 13-15% higher than would have been expected if such a law was not enacted.80
Workplace Homicides
A 2019 paper examined the impact of state “shall-issue” laws on homicides that occur at the
workplace. The author examined data reported by the federal government on workplace deaths each
year from 1992 to 2017. They conducted various statistical analyses that controlled for variables
including political and demographic factors. The authors found that state shall-issue concealed carry
laws were, on average, associated with a 29% higher rate of firearm workplace homicides.81
“There is not even the slightest hint in the data ... that [shall-issue] laws reduce
violent crime.”
– JOHN J. DONOHUE, ABHAY ANEJA, AND KYLE D. WEBER
GUNS IN PUBLIC 19Gun Theft and Illegal Trafficking
Public carry laws contribute to an increase in the number of guns stolen, trafficked, and used in
violent crime. A nationally representative survey of gun owners found that an estimated 380,000
guns are stolen from gun owners each year. This study also found that those who carried their guns
at least once in the past month were over three times more likely to have their guns stolen when
compared to other gun owners.82 Often these guns are stolen from cars. One analysis suggests that as
many as one in four guns documented by police as stolen are taken from vehicles.83 An examination
of police department records from 25 cities found that on average, one gun was stolen from a car
every two hours within these cities.84
Weak public carry laws that allow gun owners to carry and store their guns in their vehicles
contribute to these gun thefts. Police departments across the country have reported a drastic uptick
in guns stolen from cars, coinciding with the passage of weak public carry laws that allow gun
owners to carry and store their guns in their vehicles. For example, in 2008 Georgia passed a series
of laws that allowed gun owners to store weapons in their car while at work and to bring guns into
sensitive places like government buildings or bars. After the passage of these laws, the number of
guns stolen from cars spiked. Police reported that in Atlanta, Georgia 439 guns were stolen from
cars in 2009. By 2018 the number of guns stolen from cars more than doubled, to a total of 1,021.85 A
similar increase was found after a 2012 open carry law in Oklahoma took effect. In Tulsa, Oklahoma
gun thefts from cars increased from 135 in 2011 to 205 in 2015.86 The weak public carry laws in
states across this country increase opportunities for criminal activity and gun traffickers to gain
access and steal unsecured guns.
GUNS IN PUBLIC 20Concealed Carry Reciprocity
Many states choose to recognize concealed carry
permits issued by other states often through concealed Concealed Carry
carry reciprocity agreements. The decision to enter
87
Reciprocity:
into reciprocity agreements is generally made by the
state attorney general.88 States with strong permitting When states recognize
requirements generally choose not to recognize out-of- concealed carry permits
state permits. For example, seven states and the District issued in other states.
of Columbia with “may-issue” permitting requirements
(California, Connecticut, Hawaii, Massachusetts, Maryland,
New Jersey, and New York) choose not to recognize out-of-state concealed carry permits.89
National Concealed Carry Reciprocity Would Weaken States’ Rights
and Put Americans at Risk
The gun lobby has supported federal legislation to mandate concealed carry reciprocity among
states.90 This is a direct attempt to undermine state laws and allow widespread concealed carry for
anyone who can legally own a gun. It would allow any individual in the states with permitless carry
to carry a concealed gun without a permit in any state. Those currently prohibited by a state with
a may-issue law from carrying a concealed gun because of a documented history of violence and
dangerousness would be able to easily obtain a non-resident permit in a state with no requirements
for issuing permits. This legislation would allow thousands of individuals with violent histories to
carry a concealed gun in public and thereby endanger millions of Americans.91
GUNS IN PUBLIC 21Prohibiting Public Carry in
Sensitive Places
There are some restrictions in federal and state law that prohibit
the carrying of firearms in sensitive places. These sensitive places
are considered areas where gun carrying poses a particular danger
to public safety or where the public carrying of guns conflicts with
constitutional rights and societal values.92 While federal law outlines
specific sensitive places where the public carrying of firearms is
prohibited, state laws vary significantly in outlining additional
sensitive places where the carrying of firearms is prohibited.
Federal law prohibits the public carrying of guns, both concealed and
open carry, on designated federal property such as within government
buildings staffed with government employees and inside post offices.93
Federal law also prohibits individuals from carrying firearms within
1,000 feet of a primary or secondary school, unless the individual has a
state-issued concealed carry permit.94 The carrying of firearms into the
secure areas of airports and onto airplanes is also prohibited by the federal government. 95
All states place restrictions on the carrying of firearms in particular areas deemed to be sensitive.96
There is, however, significant variation between states in the areas determined to be sensitive and
in the strength of such restrictions. Many states have prohibitions on the public carry of firearms
in bars, hospitals, places of worship, and polling places.97 However, other states allow for the open
and concealed carry of firearms in many of these places, making it perfectly legal for an individual to
bring a loaded weapon into a house of worship, a sports stadium full of people, or even into a state
courtroom.98
To learn more about steps policymakers can take to prevent armed intimidation and
voter suppression from open carry at polling places, see: Guns Down at the Polls:
How States Can and Should Limit Firearms at Polling Places, a joint project produced
by the Coalition to Stop Gun Violence and Guns Down America.
The Gun Lobby’s Push to Bring Guns into Sensitive Places
Over the past decade, the gun lobby has engaged in a campaign of removing state restrictions on guns
in sensitive areas. It has pushed legislation to permit the public carrying of guns on college campuses,99
in government buildings,100 and national parks.101 The gun lobby has even pushed laws that infringe
on the rights of private property owners, forcing property owners of parking lots to allow employees
and customers to bring loaded guns onto private property as long as the gun is stored in a car.102,103
This dangerous push to bring guns into sensitive places puts American lives at risk.
GUNS IN PUBLIC 22Recommendations
Enact and implement state prohibitions on the open carry of firearms
in public and strongly regulate concealed carry of firearms to help
protect public safety.
Prohibit open carry of firearms:
1 States should prohibit the open carrying of firearms in public places. In the absence of state
prohibitions of open carry in all public places, states should prohibit the open carrying of
firearms at protests, demonstrations, and in sensitive places such as schools, hospitals, and
government buildings. This prohibition is the most equitable approach to preventing gun
violence and political intimidation as it applies universally to the population.
Regulate the concealed carry of firearms:
2 States should strongly regulate the carrying of concealed firearms in public by requiring
a rigorous permitting process. States should additionally prohibit the concealed carry of
firearms at protests, demonstrations, and in sensitive places such as schools, hospitals,
government buildings, and polling places. Congress should oppose any legislation requiring
concealed carry reciprocity between states.
GUNS IN PUBLIC 23References
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22 Cal. Penal Code §§ 26350, 25850, Cal. Penal Code § 26400(a).
23 Fla. Stat. Ann. § 790.053(1
24 720 Ill. Comp. Stat. 5/24-1(a)(10).
25 D.C. Code § 22-4504.01.
26 Hawaii’s open carry licensing law is facing a current legal challenge in Young v. Hawaii, 896 F.3d 1044 (9th Cir. 2018), rehearing en banc granted, 915 F.3d
681 (9th Cir. 2019), where a three-judge panel in the U.S. Court of Appeals Ninth Circuit held that the law was an unconstitutional violation of the Second
Amendment. The panel reasoned that the “core” protections of the Second Amendment applied to carrying a firearm for defense in public as well as in some-
one’s personal property. This interpretation is a radical departure from open carry jurisprudence. The Supreme Court of the United States plainly stated in
District of Columbia v. Heller, 554 U.S. 570, 635 (2008) that the “core” Second Amendment protections pertain to the defense of one’s “hearth and home,” not
public spaces. Gun laws on the federal and state level reflect this notion across the country. Young’s opinion is currently non-binding, pending a new hearing.
Shortly after the opinion was released, Hawaii’s Attorney General issued a clarifying opinion about Hawaii’s public carry permit process and how it does not
limit the granting of permits to only private security officers and other individuals whose jobs entail protecting life and property, like the panel interpreted.
27 Mass. Gen. Laws Ch. 140, § 131.Mass. Gen. Laws ch. 140, § 129C.
28 Minn. Stat. § 624.7181.
29 N.J. Rev. Stat. § 2C:39-5(c).
30 N.Y. Penal Law § 265.01(1).
31 See S.C. Code Ann. § 16-23-20(12). See also S.C. Code Ann. § 23-31-217.
32 See Ala. Code § 13A-11-61.2(a) (Prohibiting the possession or carrying of firearms in certain places such as government buildings). See also Va. Code Ann. §
18.2-287.01 (Prohibiting the possession or transportation of firearms in airports).
33 See Md. Code Ann., Crim. Law § 4-203(a), (b)(2).
34 See Md. Code Ann., Pub. Safety §§ 5-301-5-314.
35 Legal analysis of states open carry laws conducted by Giffords Law Center. Available: Open Carry. Giffords Law Center. Accessed July, 2020.
36 Spitzer RJ. (2017). Gun law history in the United States and Second Amendment rights. Law & Contemporary Problems.
37 Spitzer RJ. (2017). Gun law history in the United States and Second Amendment rights. Law & Contemporary Problems.
38 See Cal. Penal Code §§ 25400-25700, 26150-26225.
39 See Ga. Code Ann. §§ 16-11-126 – 16-11-130
40 See Ohio Rev. Code Ann. §§ 2923.11 – 2923.1213.
41 See Concealed Carry Law, Senate Bill 12, signed by New Hampshire Governor Sununu (2017, February 22).
42 RAND State Firearm Law Database. State firearm law navigator: Carrying a concealed weapon laws: 1980. RAND Corporation.
43 Legal analysis of state concealed carry laws conducted by Giffords Law Center. Available: Concealed Carry. Giffords Law Center.
44 Igielnik R & Brown A. (2017). Key takeaways on Americans’ views of guns and gun ownership. Pew Research Center.
45 Rowhani-Rahbar A, Azrael D, Lyons VH, Simonetti JA, & Miller M. (2017). Loaded handgun carrying among US adults, 2015. American Journal of Public
Health.
46 Donohue JJ, Aneja A, & Weber KD. (2017). Right‐to‐carry laws and violent crime: A comprehensive assessment using panel data and a state‐level synthetic
control analysis. Journal of Empirical Legal Studies.
47 Webster D, Crifasi C, Vernick J, & McCourt A. (2017). Concealed carry of firearms: Facts vs. fiction. Originally from: Vittes KA, Vernick JS, & Webster DW.
(2013). Legal status and source of offenders’ firearms in states with the least stringent criteria for gun ownership. Injury Prevention.
GUNS IN PUBLIC 2448 Total people killed by concealed carry killers may 2007 to the present. (2019). Violence Policy Center: Concealed Carry Killers.
49 Montgomery D, & Fernandez M. (2020). Garrett Foster brought his gun to Austin protests. Then he was shot dead. New York Times.
50 Jouvenal J. (2020). Suspects in Kenosha, Portland shootings have self-defense claims in common. Washington Post.
51 Hill E, Cooper S, Jordan D, & Khavin D. (2020). How the fatal shooting in Portland unfolded. New York Times.
52 Jouvenal J. (2020). Suspects in Kenosha, Portland shootings have self-defense claims in common. Washington Post.
53 Benjamin AJ, Kepes S, & Bushman BJ. (2018). Effects of weapons on aggressive thoughts, angry feelings, hostile appraisals, and aggressive behavior: A me-
ta-analytic review of the weapons effect literature. Personality and Social Psychology Review.
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57 Degli Esposti M, Wiebe DJ, Gravel J, & Humphreys DK. (2019). Increasing adolescent firearm homicides and racial disparities following Florida’s ‘Stand Your
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60 Rojas R. (2020). Investigators say one man shot Ahmaud Arbery. Why are three charged with murder? New York Times.
61 Ga. Code Ann. § 16-11-126 (a)
62 Ga. Code Ann. § 16-11-126 (b)
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64 Feinblatt J. (2017). Ban the Open Carry of Firearms. New York Times.
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66 Coalition to Stop Gun Violence. (2020, January). Armed insurrectionists prompt cancellation of annual MLK day vigil. [Press release].
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71 Donohue JJ, Aneja A, & Weber KD. (2019). Right‐to‐carry laws and violent crime: A comprehensive assessment using panel data and a state‐level synthetic
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75 Betts S. (2020). Spruce Head man, 84, charged with threatening couple for not wearing masks. Press Herald.
76 Betts S. (2020). Police investigate man at shop without mask, but with gun. VillageSoup, Knox.
77 Violence Policy Center. (2020). Concealed Carry Killers Background.
78 Siegel M, Xuan Z, Ross CS, Galea S, Kalesan B, Fleegler E, & Goss KA. (2017) Easiness of legal access to concealed firearm permits and homicide rates in the
United States. American Journal of Public Health.
79 Crifasi CK, Merrill-Francis M, McCourt A, Vernick JS, Wintemute GJ, & Webster DW. (2018) Correction to: Association between firearm laws and homi-
cide in urban counties. Journal of Urban Health.
80 Donohue JJ, Aneja A, & Weber KD. (2019). Right‐to‐carry laws and violent crime: A comprehensive assessment using panel data and a state‐level synthetic
control analysis. Journal of Empirical Legal Studies.
81 Doucette ML, Crifasi CK, & Frattaroli S. (2019). Right-to-carry laws and firearm workplace homicides: A longitudinal analysis (1992–2017). American Jour-
nal of Public Health.
82 Hemenway D, Azrael D, & Miller M. (2017). Whose guns are stolen? The epidemiology of gun theft victims. Injury Epidemiology.
83 Everytown for Gun Safety. (2019). Stolen guns pose a tremendous risk to public safety. Everytown Research and Policy.
84 Freskos B. (2016). Guns are stolen in American up to once every minute. Owners who leave their weapons in cars make it easy for thieves. The Trace. The
Trace analysis.
85 Kaste M. (2019). More guns in cars means more guns stolen from cars. Morning Edition. National Public Radio.
86 Freskos B. (2017). As thefts of guns from cars surge, police urge residents to leave their weapons at home. The Trace.
87 See 18 Pa. Cons. Stat. Ann. § 6109(k).
88 See 18 Pa. Cons. Stat. Ann. § 6109(k).
89 Concealed carry: State by state. Giffords Law Center. Accessed: July, 2020.
90 National Rifle Association. (2019, January 4). NRA applauds Hudson’s concealed carry reciprocity act to eliminate confusing patchwork of state laws.[Press
release].
91 Center for American Progress. (2015). National concealed-carry reciprocity.
92 Miller DA. (2019). Constitutional conflict and sensitive places. William & Mary Bill of Rights Journal.
93 18 USC § 930(a), (g)(1).
94 18 U.S.C. § 922(q)(2)(A).
95 49 CFR §§ 1540.111, 1540.5.
96 See Local Restrictions. Giffords Law Center for a comprehensive review of state restrictions.
97 Local Restrictions. Giffords Law Center.
98 Local Restrictions. Giffords Law Center.
99 See: Proffitt JM & White JW. (2018). ALEC, the NRA, and guns on campus. National Education Association.
100 See: Yablon A. (2019). Amid national controversy, the NRA still notched a number of statewide victories this year. The Trace.
101 Congress votes to allow guns in national parks. (2009). Associated Press.
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103 See: Parking lot gun laws and the right to transport firearms. (2006). NRA-ILA.
GUNS IN PUBLIC 25You can also read
