UPDATED: 20.5 State Capitols Officially Allow (and at least 24 allow in practice) Some Form of Legal Firearm Carry

Jan 16, 2020 | Featured

CPRC has found that there are at least 21 State Capitols in the U.S. which officially allow some form of legal firearm carry for either visitors, legislators, employees, or all of the above.  Tennessee is the most recent state to allow carrying permitted concealed handguns into legislative buildings.  Some states require the individual have a handgun carry permit before being allowed to enter the Capitol with a firearm. Here is the breakdown of those Capitols.  At least two other states officially bans guns (Georgia and Pennsylvania), but legislators have an agreement that allows them to carry. Virginia has now banned the carrying of concealed handguns at the Capitol, but state police have publicly stated that they will not enforce the ban when it comes to lawmakers carrying so this is likely not a total ban on carrying. Thus if you include Virginia, Georgia, and Pennsylvania on the list, you still have 24 state Capitols that still allow the carrying of concealed handguns by some non-law enforcement on Capitol grounds. We know that there are other states where legislators are allowed to carry even if it is against state law, but we have only included those that were confirmed by media accounts.

With gun control groups calling for states to ban the carrying of guns in their Capitols, the trend is going the other way. The Giffords gun control organization calls for an immediate ban on all privately carried guns: “Immediately, in states where firearms are not already banned at state capitols, officials must act to prohibit firearms on capitol grounds.

Despite carrying being allowed for decades (or possibly even longer) in many of these statehouses, the rate of these problems is incredibly rare and in no cases has anyone been injured.  There have been no reported problems with civilians being able to carry on statehouse grounds.  Cases are shown at the bottom of this page.

Note in the list below we include states where news articles note that legislators are carrying even when the statehouses are officially gun-free zones.  There are a number of other states where there are gun-free zones but we know that legislators still carry, but we don’t include them in this list.

State-by-state breakdown:

Arizona: General Assembly Members are allowed to carry concealed in the Capitol. Arizona does not require a handgun carry permit. This Capitol does NOT have metal detectors.

Arkansas: In March 2017, Arkansas passed a law mandating that permitted concealed handguns be allowed in government buildings and the state Capitol.

Florida: Concealed carry only is allowed at Florida Capitol with handgun carry permit. No guns allowed in Legislative meetings. This Capitol does have metal detectors. Source: Florida Capitol Police 850-487-2700.

*Georgia: While the state Capitol is known to the public as a gun-free zone, media reports indicate that “a lot of elected officials already carry into government buildings.”

Idaho: If you carry concealed, you must have a concealed handgun carry permit until July 1, 2016. At that time, Constitutional Carry will go into effect for any legal gun owner who wishes to carry in the Idaho Capitol concealed. The Second Amendment is your carry permit. Idaho Legislators are allowed to carry always. This Capitol does NOT have metal detectors. Source: Idaho Capitol Police: 208-334-2222

Indiana: Legislators & Judges have been allowed to carry for some time as long as they have a handgun carry permit.  As of November 2017, legislative staff can carry as long as they have a permit.  That covers more than 475 people.  Source: Indiana Capitol Police 317-232-3142

Iowa: Started letting people carry concealed handguns with them in the state Capitol in 2017.  Prior to that there appears to have been a sort of quiet gentlemen’s agreement between Capitol Security and the Legislators as to who is carrying.  Although there were metal detectors, legislators are not required to go through them like the general public. We did find a news story where a legislator has said he carried his gun in the Capitol.

Kansas: Anyone who is legally able to own a firearm can carry a concealed handgun in the Kansas State Capitol, no permit required. Only concealed carry is allowed. This Capitol does have metal detectors. Source: Kansas Capitol Police 785-296-3966

Kentucky: Open carry of firearm allowed, no permit required. Concealed carry allowed with handgun carry permit. No guns allowed in Legislative meetings. This Capitol does have metal detectors. Source: Ky Capitol Police 502-564-0054

Michigan: Open carry of a firearm is allowed, no permit required. Concealed carry allowed with concealed license permit. This Capitol does NOT have metal detectors.

Minnesota: Those citizens with a handgun carry permit are allowed to carry in the Minnesota State Capitol.  This Capitol does NOT have metal detectors.

Missouri: Legislators and Staff who have a handgun carry permit are allowed to carry in the Capitol. There are no metal detectors at this Capitol. Source: Missouri Capitol Police 573-751-2541.

Nevada: Legislators & Staff are allowed to carry as long as they have a handgun carry permit. This Capitol does NOT have metal detectors. Source: Nevada Capitol Police 775-687-5030

New Hampshire: UPDATE: On January 2nd, 2019, the New Hampshire state House banned state representatives from carrying guns. The rule has not been changed in the state Senate. Prior to this recent change, in both the House and Senate the state allowed open carry of firearm (no permit is required). They allowed a handgun to be carried concealed (you must have a concealed carry permit). There are no metal detectors at this Capitol. Source: New Hampshire Capitol Security 603-271-3321.

New Mexico: Open carry of firearm is allowed, no permit required. Concealed carry allowed with concealed carry permit. This Capitol does NOT have metal detectors.

Oregon: Anyone with a handgun carry permit may carry open or concealed in the Oregon State Capitol. This Capitol does NOT have metal detectors.

Pennsylvania: While carrying guns is technically banned, state legislators regularly carry. From the Lancaster On Line: “At least a dozen to two dozen members of the House of Representatives carry handguns in the halls of the Capitol building and even on the chamber floor, officials and former officials with knowledge of security told The Caucus newspaper, a publication of LNP Media Group.” We have been told by others that many more legislators actually carry, though they haven’t been willing to publicly state that they do.

Tennessee: As of November 15th, 2017, Tennesseans with a valid, state-issued handgun carry permit will be able to carry their concealed handguns into the Tennessee Legislative complex (the Cordell Hull Building).  The building houses lawmakers and staff offices as well as committee hearing rooms.

In the past, while the state Capitol is known to the public as a gun-free zone, legislators have informed us of the informal agreement that they have with the police who guard the Capitol to let them carry concealed handguns.

Texas: Anyone with a valid concealed handgun carry permit may carry concealed in the Texas State Capitol. This Capitol does have metal detectors.

Utah: Open or Concealed Carry is allowed with a handgun carry permit. This Capitol does NOT have metal detectors. Source: (Capitol Security) Utah Hwy Patrol 801-538-1618

Vermont: No regulations on carrying guns at the state Capitol.

Virginia: With the Democrats taking over the state House and Senate in 2020, legislation was passed banning the carrying of concealed handguns on state Capitol property. Everyone other than lawmakers will be required to go through metal detectors. While Democrats claimed that the legislation was at the request of the Capitol police, the police have denied that is the case. Republican Sen. Amanda Chase has said that she would not say whether she would comply with the new rules. “Capitol Police will not arrest any lawmakers who violate the gun ban.” Prior to that, the possession of a firearm was allowable to three groups. Those being General Assembly Members, Law Enforcement and anyone who has a valid concealed handgun permit. Firearms can be carried open or concealed. The Senate has banned firearms from being carried in the public gallery overlooking the Senate Floor. The House does not have that restriction for their gallery.  This Capitol does have metal detectors.

Washington: Open carry of firearm allowed, no permit required. Concealed carry allowed with handgun carry permit. This Capitol does NOT have metal detectors.

Wisconsin: Concealed handguns allowed with concealed carry handgun permit. This Capitol does NOT have metal detectors.

Wyoming: While the state Capitol is known to the public as a gun-free zone and one state Senator informs us that is definitely the case, according to a news report we found, legislators are carrying concealed handguns. The claim is that there is a quiet understanding between Capitol Security and the Legislators as to who is carrying. The current Capitol is a temporary building and does not have metal detectors.

Despite all these states that allow concealed or open carry in state Capitols, things have gone very smoothly, and no cases involved anyone being hurt and none involved a civilian who was allowed to carry in the Capitols.  There are five incidents of legislators temporarily misplacing their guns.  Out of all the Capitols that allow some form of legal carry, we have only found two cases of an accidental discharge of a firearm (no harm occurred). This took place at the Kentucky State Capitol (2014) and also the Virginia Capitol (2006).  There is also one other case in New Hampshire (2016) where a legislator accidentally dropped his gun, but the gun didn’t discharge and no one was harmed.

Colorado: February 19, 2014, “Rep. Jonathan Singer found a black canvas bag under the table where lawmakers sit.  Inside, Singer discovered a loaded handgun that belonged to Rep. Jared Wright, R-Fruita, who sits next to him on the House Local Government committee.”

Idaho: 2016, Republican House Assistant Majority Leader Brent Crane couldn’t remember where he had left his gun, briefly leaving it in a desk drawer.

Kansas: in January 2017, Kansas Republican Rep. Dove left a loaded handgun concealed in his desk in a committee meeting room.

Kentucky: in January 2014, Kentucky Democrat Representative Leslie Combs accidentally discharged her gun in her office.  No one was hurt.  “state police assigned to the Capitol found no evidence to indicate any portion of the discharged round left her office.”

Missouri: September 2013, Missouri house staffer, Dave Evans, accidentally left his gun in a Capitol men’s bathroom.  No problem occurred with the gun.

New Hampshire: January 2017, Rep. Carolyn Halstead, R-Milford, dropped her loaded revolver in a crowded meeting room. In 2012, Rep. Kyle Tasker accidentally dropped his handgun on the floor of the House Criminal Justice and Public Safety Committee hearing room.  In neither instance did the gun discharge and no one was harmed.

Virginia: January 27, 2006, Del. John S. “Jack” Reid accidentally fired his gun when he was in his office, “single bullet into the cushion of a bulletproof vest that was hanging from the back of his closed office door.  No one was injured . . . .”

Virginia: February 23, 2017, Virginia Republican State Senator accidentally left his gun unattended after a hearing for about 20 minutes.

“It just basically came off and my colleagues picked it up and brought it right back to me. And that was it,” Cosgrove said. “No bullet in the chamber. Safety was on.”

Cosgrove said he had clipped the new holster next to his pants instead of his belt. He estimated he had lost possession of the gun, which was loaded, for about 20 minutes before it was returned to him.

johnrlott

7 Comments

  1. Robert Morse

    I wonder which states provide firearm storage so you can check your “banned” firearm as you enter.

    • Joseph Flanagan

      Although storage is written in PA law, often the Court will make you go around the corner to the Sheriff’s office to log your firearm.

  2. Kevin Vick

    In Minnesota we have had zero, yes, zero incidences of any event, problem, or situation with a legally permitted carrier……… ever.

  3. FiftycalTX

    For a little more explanation, the capitol in Austin, Texas has a lane for license to carry holders that gets them past the metal detectors without waiting. And you can open or concealed carry. You can’t go into the gallery when the legislature is meeting, but other than that, you can walk into the offices open or concealed. Lots of reporters have gotten LTC’s just so they don’t have to wait in line for the metal detectors.

  4. Dave Kopp

    Arizona DOES have metal detectors in the House and the Governor’s tower, none in the Senate. They do provide storage lockers in all three buildings for the rest of us, legislators are allowed to carry, but strongly encouraged to do so discreetly.

  5. Max Dane

    I will admit to being a ‘strict constructionist’ on the Second Amendment (as well is the rest of the Constitution) but I have a problem with special classes of people being allowed to do things that the proles are forbidden to do. Active duty police are one thing, but why should retired LEO’s have privileges the rest of us don’t? And why should legislators be allowed to carry? Some may claim they are ‘natural targets’ but the rest of us are more likely to be targeted victims of violent crime than they are, at least where they are targeted for their position. And any public officials that have bodyguards should have the same restraints on those guards as the public. Official bodyguards are too often a characteristic of totalitarian rulers. (Looking at you, Mike Bloomberg)

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