Protecting Democracy | GIFFORDS

Protecting Democracy | GIFFORDS
Guns in Public
Protecting Democracy
September 8, 2025
SHARE
Firearms in and around democratic environments threaten not only public safety but also the integrity and trust in our most fundamental political processes.
Background
Issue
Guns & Democracy
The use of guns to intimidate and threaten voters, elected officials, and peaceful demonstrators poses a serious threat to our democracy.
The presence of firearms in and around democratic spaces, such as polling locations, at public demonstrations, and in government buildings, poses significant challenges to the safety and security of our democratic institutions.
In recent years, our nation has experienced
a rise in political violence and armed extremism
. Incidents of intimidation and violence at polling places and political events have increased, creating an environment of fear and coercion that is harming the foundational principles of democracy. Armed groups and individuals, driven by extremist ideologies, have increasingly targeted democratic processes and institutions. These threats of violence undermine public confidence in the safety and integrity of elections, making it essential that physical spaces where democracy is practiced remain secure and free from intimidation. The future of our democracy depends on our ability to protect these spaces and the people who participate in and administer the electoral process.
The presence of guns at protests and demonstrations not only chills the exercise of our fundamental freedoms, such as freedom of speech and assembly, it also makes people more likely to be shot. In large gatherings of people, especially when emotions and tensions flare, the risk of violence increases when people are armed. A 2021 study found that demonstrations involving at least one armed individual turn violent or destructive 16% of the time, and armed demonstrations are nearly six times as likely to turn violent or destructive compared to unarmed demonstrations. The study also found that armed protests account for less than 2% of the total number of demonstrations in the US, yet they account for 10% of all violent or destructive demonstrations.
MEDIA
REQUESTS
Our experts can speak to the full spectrum of gun violence prevention issues. Have a question? Email us at media@giffords.org.
Contact
Summary of Federal Law
Currently, there are no federal laws that prohibit the carrying of firearms at or near polling locations, dropboxes, or counting sites.
While no federal statute explicitly bars firearms from these areas, the Voting Rights Act of 1965 (“VRA”) prohibits any action or attempt to “intimidate, threaten, [or] coerce… any other person for the purpose of interfering with the right of such other person to vote.”
Neither the VRA nor any other federal law explicitly recognizes that the mere presence of firearms can constitute intimidation.
Federal law does limit some paramilitary activity, particularly when it involves inciting violence, threatening others, or communicating to mobilize violent plots. For instance, the Anti-Riot Act (part of the Civil Rights Act of 1968) makes it a federal crime to travel interstate or use interstate commerce with the intent to incite, organize, promote, encourage, or participate in a riot.
Similarly, the Smith Act of 1940 criminalizes advocating the overthrow of the government by force and organizing or being a member of any group or society devoted to such advocacy.
These laws work in conjunction to address the potential for violence and unlawful activities by militias.
Certain federal laws prohibit firearms in federal buildings or on federal property, including:
The possession of firearms and dangerous weapons in federal facilities, such as federal buildings, courthouses, and other properties under federal jurisdiction. This includes any place where federal employees are regularly present for the purpose of performing their official duties.
The carrying or discharge of firearms on the Capitol grounds or in the Capitol buildings.
This law is specifically aimed at ensuring the security of the legislative branch of the federal government.
GET THE
FACTS
Gun violence is a complex problem, and while there’s no one-size-fits-all solution, we must act. Our reports bring you the latest cutting-edge research and analysis about strategies to end our country’s gun violence crisis at every level.
Summary of State Law
States have a variety of different laws that are intended to reduce the threat of harm or intimidation associated with the use or carrying of firearms in or near democratic spaces and activities.
State Prohibitions of Guns at Election Locations
25 states and Washington DC explicitly prohibit some or all types of firearm carry at polling locations, drop boxes, or counting facilities.
Prohibitions on Firearms in Election-Related Spaces
State
General Open Carry Prohibited
Polling Locations
Drop Boxes
Counting Facilities
Arizona
Yes
California
Yes
Yes
Yes
Yes
Colorado
Yes
Yes
Yes
Connecticut
10
Yes
Open carry prohibited
11
Open carry prohibited
Open carry prohibited
Delaware
12
Yes
District of Columbia
13
Yes
Yes
Open carry prohibited
Open carry prohibited
Florida
14
Yes
Yes
Open carry prohibited
Open carry prohibited
Georgia
15
Yes
Hawaii
16
Yes
Yes
Illinois
17
Yes
Open carry prohibited
Open carry prohibited
Open carry prohibited
Louisiana
18
Yes
Maryland
19
Yes
Yes
Massachusetts
20
Yes
Yes
Yes
Michigan
21
Yes (Licensed concealed pistols are exempt)
Yes (Licensed concealed pistols are exempt)
Yes
Mississippi
22
Concealed carry prohibited (People with enhanced permits are exempt)
23
Missouri
24
Concealed carry prohibited
Nebraska
25
Concealed carry prohibited
New Jersey
26
Yes (handguns)
Yes
Open carry of handguns prohibited
Yes
New Mexico
27
Open carry prohibited
Yes
New York
28
Yes (handguns)
Yes
Open carry of handguns prohibited
Open carry of handguns prohibited
Ohio
29
Yes (only for poll observers)
South Carolina
30
Open carry of handguns and all concealed carry prohibited
Texas
31
Yes
Vermont
32
Yes
Virginia
33
Yes
Yes
Washington
34
Open carry prohibited
Yes
State Prohibitions of Private Paramilitary Groups
Twenty-nine states have laws prohibiting unauthorized private militias, i.e., groups of people from organizing as private military units without the authorization of the state government. These statutes often specifically prohibit such groups from “parading” or “drilling” in public with firearms.
In addition, 26 states generally make paramilitary activity illegal; in other words, they make it illegal for individuals to teach others how to use firearms, explosives, or techniques capable of causing injury or death, or to assemble to train or practice with such firearms, explosives, or techniques, knowing or intending to further a civil disorder.
35
In 2023, Oregon passed a law prohibiting armed paramilitary activity, violations of which are subject to civil action.
36
Prohibitions on Paramilitary Groups
State
Unauthorized Private Militia
Paramilitary Activity Criminalized
Alabama
37
Yes
Arizona
38
Yes
Arkansas
39
Yes
California
40
Yes
Colorado
41
Yes
Connecticut
42
Yes
Yes
Delaware
43
Yes
Florida
44
Yes
Yes
Georgia
45
Yes
Yes
Idaho
46
Yes
Yes
Illinois
47
Yes
Yes
Indiana
48
Yes
Iowa
49
Yes
Kansas
50
Yes
Kentucky
51
Yes
Louisiana
52
Yes
Yes
Maine
53
Yes
Maryland
54
Yes
Massachusetts
55
Yes
Michigan
56
Yes
Yes
Minnesota
57
Yes
Yes
Mississippi
58
Yes
Missouri
59
Yes
Montana
60
Yes
Nebraska
61
Yes
Nevada
62
Yes
New Hampshire
63
Yes
New Jersey
64
Yes
New Mexico
65
Yes
New York
66
Yes
North Carolina
67
Yes
Yes
North Dakota
68
Yes
Oklahoma
69
Yes
Yes
Oregon
70
Yes
Pennsylvania
71
Yes
Rhode Island
72
Yes
Yes
South Carolina
73
Yes
Tennessee
74
Yes
Texas
75
Yes
Vermont
76
Yes
Virginia
77
Yes
Washington
78
Yes
Yes
West Virginia
79
Yes
State Prohibitions of Firearms in Democratic Spaces
Sixteen states currently prohibit either concealed carry, open carry, or both at demonstrations, protests and licensed public gatherings. Twenty-three states currently prohibit firearms to some degree within state capitols, state houses, or state offices, compared to 21 states with government-owned building prohibitions and 17 states with restrictions for local government meetings and meetings of the state legislature.
The tables below only include those states that have enacted explicit laws restricting guns in the specified spaces. Additional states may have imposed similar restrictions through non-statutory means.
Prohibitions on Firearms at Demonstrations, Protests, or Licensed Public Gatherings
State
Concealed Carry Prohibited
Open Carry Prohibited
Alabama
80
Yes
Yes
Arkansas
81
(Applies only to participants in permitted demonstrations)
Yes (Enhanced CCW permittees are allowed)
California
82
Yes (Open carry banned generally)
Connecticut
83
Yes (Open carry banned generally)
District of Columbia
84
Yes
Yes
85
Florida
86
Yes (Open carry banned generally)
Hawaii
87
Yes
Yes
Illinois
88
Yes
Yes
Louisiana
89
(Permitted demonstrations or parades)
Yes
Maryland
90
Yes
Yes
Mississippi
91
(Permitted demonstrations or parades)
Yes
Nebraska
92
Yes (at “political rallies” and fundraisers)
New Jersey
93
Yes
Yes
New York
94
Yes
Yes
North Carolina
95
Yes
Yes
Washington
96
No
Yes
Prohibitions on Firearms in Legislative Spaces
State
Government-Owned Buildings
97
State Capitol, State House & State Offices
Local Government Meetings
Meetings of the State Legislature
Alabama
98
Yes (State House)
Yes
Arkansas
99
Yes (For loaded firearms only; State Capitol)
Concealed carry prohibited (CCW permittees exempt)
Concealed carry prohibited
California
100
Yes
Yes (State Capitol)
Yes
Yes
Colorado
101
Yes (Local governments may opt out)
Yes (Subject to certain restriction)
Yes (Local governments may opt out)
Yes (With exceptions)
Connecticut
102
Open carry prohibited
Yes
Open carry prohibited
Open carry prohibited
District of Columbia
103
Yes
Yes (US Capitol buildings and DC government buildings)
Open carry prohibited
Open carry prohibited
Florida
104
Open carry prohibited
Open carry prohibited
Yes
Yes
Hawaii
105
Yes
Yes
Yes
Yes
Illinois
106
Yes
Yes
Yes
Yes
Iowa
107
Open carry prohibited (State Capitol)
Kansas
108
Concealed carry prohibited (Only in buildings with security screenings)
Kentucky
109
Concealed carry prohibited (Members of meeting body are exempt)
Concealed carry prohibited (Legislators are exempt)
Louisiana
89
Yes (State Capitol)
Maryland
19
Yes
Massachusetts
110
Yes (Local governments may opt out)(Effective Oct. 2024)
Minnesota
111
Open carry prohibited (State Capitol)
Mississippi
112
Concealed carry prohibited (Meeting place of the legislature)
Concealed carry prohibited (Enhanced CCW permittees are allowed)
Missouri
113
Concealed carry prohibited (CCW permittees exempt)
114
Concealed carry prohibited (Members of meeting body are exempt)
Concealed carry prohibited
Montana
115
Concealed carry prohibited (State offices)
Nebraska
116
Concealed carry prohibited
Concealed carry prohibited
Nevada
Concealed carry prohibited
117
Yes (Legislative buildings)
118
New Jersey
119
Yes
New York
120
Yes
Yes
Yes
Yes
North Carolina
121
Yes (State Capitol. State and federal offices)
North Dakota
122
Yes (Does not apply to public rest areas or restrooms)
Ohio
123
Concealed carry prohibited (Local governments may opt out; Does not apply to a building that is used primarily as a shelter, restroom, parking facility, or rest facility)
Oklahoma
124
Yes (Only government buildings used to conduct business with the public)
Oregon
Yes (Prohibits all firearms in “public buildings”)
125
Yes (CCW permittees are only prohibited in the State Capitol building but may carry in other state buildings)
126
South Carolina
127
Yes (Authorities in charge of premise may grant permission to carry)
Yes
Yes (No law prohibits open carry of long guns)
Yes (South Carolina prohibits firearms on the capitol grounds)
South Dakota
128
Yes (Enhanced CCW permittees who provide notice may conceal carry)
Texas
129
Yes (In open meetings if ‘effective notice’ is provided)
Yes (In open meetings if ‘effective notice’ is provided)
Virginia
130
Yes
Yes (State Capitol building and the Capitol Square and the surrounding area)
Washington
131
Open carry prohibited
Open carry prohibited
West Virginia
132
Yes
Wisconsin
133
Open carry prohibited (CCW permittees are exempt)
Open carry prohibited (CCW permittees exempt)
Wyoming
134
SUPPORT
GUN SAFETY
We’re in this together. To build a safer America—one where children and parents in every neighborhood can learn, play, work, and worship without fear of gun violence—we need you standing beside us in this fight.
Key Legislative Elements
The features listed below are intended to provide a framework from which policy options may be considered. A jurisdiction considering new legislation should consult with counsel.
Prohibit firearms at polling places, election offices where votes are counted, at state capitols, and in government buildings and meetings where democracy and governance is at work.
Adopt laws like the PEACE Act (
see e.g.
CA AB 2642, CO H 1225), which creates a rebuttable presumption that an individual is de facto intimidating when carrying a firearm and interacting with a voter or election official
Pass stronger hate crime laws; for more information visit our
Hate Crimes
and
Hate Crime Gun Laws
pages.
Ban firearms at all federal, state and local government meetings and places where official legislative activity occurs.
Ban firearms at protests and demonstrations.
Prohibit private paramilitary groups and ensure elected civilian oversight of any militia activity.
Democracy isn’t an end result—it’s an evolving, constant process that requires all of our active participation.
We must ensure that nobody feels threatened by armed extremists when exercising their right to vote, legislate, or peaceably protest. The future of our country depends on it.
RELATED
Guns
in
Public
Location Restrictions
States that allow firearms in sensitive or dangerous places are needlessly endangering the lives of their residents.
Guns
in
Public
Open Carry
As more laws are weakened to allow the carrying of openly visible firearms in public, the threat of violence to the public rises alarmingly.
Guns
in
Public
Concealed Carry
Guns carried in public pose a danger to public safety, and lax concealed carry laws increase the risk of violent confrontations.
Everytown for Gun Safety Support Fund and the Armed Conflict Location & Event Data Project, “Armed Assembly: Guns, Demonstrations, and Political Violence in America,” Aug. 23, 2021,
52 U.S.C. § 10101(b).
18 U.S.C. § 2101.
18 U.S.C. § 2385.
18 U.S.C. § 930.
40 U.S.C. § 5104.
Ariz. Rev. Stat. § 13-3102(A)(11).
Cal. Elec. Code § 18544(a); Cal Pen Code § 26230. Open carry is generally prohibited in public under Cal. Penal Code §§ 17030, 26350.
Colo. Rev. Stat. § 1-13-724.
Conn. Gen. Stat. § 29-35(a)(2).
As of October 1, 2023, Connecticut broadly prohibits people from openly carrying both handguns and long guns in public.
Del. Code. Ann. tit. 11, § 1457B.
D.C. Code Ann. § 7-2509.07(5); 22-4504(a).
Fla. Stat. § 790.06(12)(6); 790.053(1).
Ga. Code Ann. § 16-11-127(b)(7).
Haw. Rev. Stat. Ann. § 134-9.1(a)(11).
720 Ill. Comp. Stat. 5/24-1(a)(10). However, the Firearm Concealed Carry Act, adopted in 2013, provides that an individual with a license to carry a concealed firearm may carry a loaded or unloaded concealed firearm, fully concealed or partially concealed, on or about his or her person. 430 Ill. Comp. Stat. 66/10(c)(1).
La. Rev. Stat. § 40:1379.3(N)(4); § 18:1461.7(c)(3).
Md. Code Ann., Crim. Law § 4-111(d).
Mass. Gen. Laws ch. 269, § 10(k).
Mich. Comp. Laws Serv. §750.234d(3).
Miss. Code Ann. § 45-9-101.
Miss. Code Ann. §9-37-7(2).
Mo. Rev. Stat. § 571.107(1)(2).
Neb. Rev. Stat. § 28-1202.01(3).
N.J. Stat. Ann. §§ 2C:58-4(a); 2C:58-4.6(a)(5).
N.M. Stat. Ann. § 1-20-24.
N.Y. Penal Law § 265.01-e(2)(q).
Ohio Rev. Code Ann. § 3505.21.
S.C. Code Ann. § 16-23-20.
Tex. Penal Code § 46.03(a)(2).
13 V.S.A. § 4027.
Va. Code Ann. §§ 24.2-604(A); 24.2-671(D); 24.2-802.1(A).
Wash. Rev. Code Ann. § 9.41.284.
For more information on this subject and individual state overviews, please see the Georgetown Law Institute for Constitutional Advocacy and Protection report, “
Prohibiting Private Armies at Public Rallies
.”
OR HB 2572 (2023), codified as Or. Rev. Stat. § 30.847.
Ala. Code § 31-2-125.
Ariz. Rev. Stat. Ann. § 26-123.
Ark. Code Ann. § 5-71-302.
Cal. Penal Code § 11460.
Colo. Rev. Stat. § 18-9-120.
Conn. Gen. Stat. §§ 27-101, 27-102, 53-206b.
Del. Const., art. 1, § 17.
Fla. Stat. §§ 870.06, 790.29.
Ga. Code Ann. § 16-11-151.
Idaho Code §§ 46-802, 18-8103.
20 Ill. Comp. Stat. §§ 1805/94, 1805/94a.
Ind. Code § 10-16-2-3.
Iowa Code § 29A.31.
Kan. Stat. Ann. § 48-203.
Ky. Const. § 22; Ky. Rev. Stat. Ann. § 38.440.
La. Stat. Ann. §§ 29:31, 14:117.1.
Me. Const. art. I, § 17.
Md. Code Ann., Public Safety § 13-214.
Mass. Gen. Laws ch. 33, §§ 130; 131.
Mich. Comp. Laws §§ 750.402, 750.528a.
Minn. Stat. §§ 624.61, 609.669.
Miss. Code Ann. § 33-1-31.
Mo. Rev. Stat. § 574.070.
Mont. Code Ann. § 45-8-109.
Neb. Rev. Stat. § 28-1481.
Nev. Rev. Stat. §§ 203.080, 412.604.
N.H. Rev. Stat. Ann. § 111:15.
N.J. Stat. Ann. § 2C:39-14.
N.M. Stat. Ann. § 30-20A-3.
N.Y. Mil. Law § 240.
N.C. Gen. Stat. §§ 127A-151, 14-288.20.
N.D. Cent. Code § 37-01-21.
Okla. Stat. tit. 44, § 23; Okla. Stat. tit. 21, § 1320.10.
Or. Rev. Stat. § 166.660.
18 Pa. Cons. Stat. Ann. § 5515.
30 R.I. Gen. Laws § 30-12-7; 11 R.I. Gen. Laws Ann. § 11-55-2.
S.C. Code Ann. § 16-8-20.
Tenn. Code Ann. § 39-17-314.
Tex. Gov’t Code § 437.208.
Vt. Stat. Ann. tit. 13, § 4071.
Va. Code Ann. § 18.2-433.2.
Wash. Rev. Code §§ 38.40.120; 9A.48.120.
W. Va. Code § 15-1F-7.
Ala. Code § 13A-11-59.
Ark. Code Ann. § 5-73-306 (17).
Cal. Penal Code §§ 26350, 25850, 26400(a).
Conn. Gen. Stat. § 29-35.
D.C. Code Ann. § 7-2509.07 (a) (14).
D.C. Code Ann. § 22-4504(a).
Fla. Stat. Ann. § 790.053.
Haw. Rev. Stat. Ann. § 134-A(15).
720 Ill. Comp. Stat. 5/24-1(a)(8).
La. Rev. Stat. § 40:1379.3(N).
Md. Code Ann., Crim. Law § 4-208.
Miss. Code Ann. § 45-9-101(13).
Neb. Rev. Stat. § 69-2441.
2022 AB 4769.
N.Y. Penal Law §§ 265.01-e(2)(r), 265.01-e(2)(s).
N.C. Gen. Stat. § 14-277.2.
Wash. Rev. Code Ann. § 9.41.300 as amended by 2021 WA SB 5038.
Note that some states leave it to local governments to choose whether to prohibit guns in buildings owned or operated by them.
2011 Alabama OJHR 9; Ala. Code § 13A-11-61.2.
Ark. Code Ann. §§ 5-73-122(a)(1), 5-73-306, 5-73-322(h).
Cal. Penal Code §§ 171b, 171c. Open carry in public is generally prohibited under Cal. Penal Code § 25850.
Colo. Rev. Stat. § 18-12-105.3.
Open carry in public is generally prohibited under Conn. Gen. Stat. § 29-35. See also Conn. Gen. Stat. § 2-1e(c).
D.C. Code Ann. §§ 22-4504, 7-2509.07. Open carry in public is generally prohibited under D.C. Code Ann. § 22-4504(a).
Open carry in public is generally prohibited under Fla. Stat. Ann. § 790.053. See also Fla. Stat. § 790.06(12
Haw. Rev. Stat. Ann. § 134-9.1.
430 Ill. Comp. Stat. 66/65(a)(3),(5),(18). Open carry is also generally prohibited in public under 720 Ill. Comp. Stat. 5/24-1(a)(10).
Iowa Code § 8A.322(3).
Kan. Stat. Ann. § 75-7c20(a),(b),(m).
Ky. Rev. Stat. Ann. § 237.110(16)(d).
H.B. 4885 (2024) to be codified as Mass. Gen. Laws ch. 269, § 10(k).
Minn. Stat. § 609.66, subd. 1g(a).
Miss. Code Ann. §§ 45-9-101(13); 97-37-7(2).
((Mo. Rev. Stat. § 571.107.1(5).
Mo. Rev. Stat. § 571.030(8). Local governments may prohibit the carrying of concealed firearms, including by concealed carry endorsement holders, in any building or portion of a building owned, leased or controlled by the county or municipality. Mo. Rev. Stat. § 571.107(6).
Mont. Code Ann. § 45-8-328.
Neb. Rev. Stat. § 28-1202.01.
Nev. Admin. Code § 202.020(1)(6).
Nev. Rev. Stat. Ann. § 218A.905(8).
New Jersey((N.J. Stat. § 2C:58-4.6(a)(1).
N.Y. Penal Law § 265.01-e(2)(a).
N.C. Gen. Stat. §§ 14-415.11(c), 14-269.4.
N.D. Cent. Code § 62.1-02-05(1).
Ohio Rev. Code § 2923.126(B)(7).
Okla. Stat. Ann. tit. 21 § 1277(A)(1).
Or. Rev. Stat. Ann. § 166.370. “Public building” is defined under Or. Rev. Stat. Ann. §166.360 as “A hospital, a capitol building, a public or private school, as defined in ORS 339.315, a college or university, a city hall or the residence of any state official elected by the state at large, and the grounds adjacent to each such building. The term also includes that portion of any other building occupied by an agency of the state or by a city, a county, a district as defined in ORS 198.010 or any other entity that falls within the definition of ‘municipal corporation’ in ORS 297.405, other than a court facility; or the passenger terminal of a commercial service airport with over one million passenger boardings per year.”
Or. Rev. Stat. §§ 166.370(1); 166.262(1).
S.C. Code Ann. §§ 10-11-320; 16-23-20; 16-23-420(A).
S.D. Codified Laws §§ 22-14-23, 22-14-24(5).
Tex. Penal Code §§ 46.03(a)(14); 46.035(c). While Penal Code Section 46.15(b) exempts CCW license holders from the general restriction, Section 46.035(c) makes it unlawful for a license holder to carry a handgun in the room where an open government meeting is held if specified notices are provided.
Va. Code Ann. § 18.2-283.2.
2021 WA SB 5038.
W. Va. Code § 61-6-19(b).
Wis. Stat. § 941.235(1).
See Wyo. Stat. § 6-8-105.
By continuing on our website, you agree to our use of cookies.
Terms & Conditions.
Privacy Policy.