Sen. Mike Lee files National Constitutional Carry Act to end permit requirements

Senator Mike Lee filed the National Constitutional Carry Act on March 5, 2026, proposing to allow any person who is legally eligible to possess a firearm under federal and state law to carry that firearm in public without a concealed-carry permit and to preempt state laws that restrict carrying. The legislation, Lee’s office said, aims to eliminate permit requirements and to extend what supporters call constitutional carry across state lines.

Lee framed the proposal in constitutional terms. "The Founders established a national right to keep and bear arms, not to ask for permission from hostile local officials, or risk imprisonment for crossing the wrong state line," he said in the Senate release announcing the bill. The release added, "Many states already protect the right to carry without a permit, and it’s time to reaffirm this right for all law-abiding Americans. The National Constitutional Carry Act will establish nationwide permitless carry to keep America safe and her people free."

The bill’s House companion was introduced by Representative Thomas Massie of Kentucky. Lee’s announcement named the National Association for Gun Rights and Gun Owners of America as endorsers. The association’s statement included a repeated statistic and a call for quick action: "Senator Mike Lee’s Real Constitutional Carry bill is the only legislation that will restore the right of all law-abiding Americans to carry a firearm in every state without having to beg for government permission. Twenty-nine states already have Constitutional Carry, but this should be law regardless of which state you live in. The Second Amendment is not a second-class right. The National Association for Gun Rights thanks Senator Lee for introducing this bill and urges its swift passage."

Public materials accompanying the release direct readers to the bill text via a link in the release. The announcement and related coverage set out the broad contours of the proposal: nationwide permitless carry for those legally allowed to own firearms and federal preemption of state carry regulations. The materials do not detail key technical questions that will determine how the statute functions in practice, such as whether and how federal law would displace state criminal penalties, whether it would create a private right of action or federal enforcement mechanisms, how open carry versus concealed carry are treated, age limits or specific location carve-outs, or how the bill would address state regulations that condition carrying on background checks or licensing.

The public statements also contain inconsistent tallies about state law. The gun rights endorsement cited 29 states as having some form of constitutional carry. A separate local report characterized the proposal as cutting across "the 31 states that do not recognize constitutional carry," a figure that implies a different current-state count. That discrepancy highlights a central factual point lawmakers and the public will need resolved when assessing the bill’s scope.

If enacted, the National Constitutional Carry Act would realign the balance between federal and state authority over firearms carrying and require states to alter statutes or enforcement practices. Lawmakers in both chambers will need the bill’s statutory text and clarifications on enforcement to evaluate conflicts with existing state laws and with federal prohibitions on firearm possession for certain categories of people. Lee’s office has made the bill text available through its announcement; congressional review and testimony will determine whether the measure can move beyond that initial filing.