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.¹ 

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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.”² 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.³ 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.⁴ 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.⁵ 
• The carrying or discharge of firearms on the Capitol grounds or in the Capitol buildings.⁶ This law is specifically aimed at ensuring the security of the legislative branch of the federal government.

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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. 

As of May 2024, 20 states and Washington DC explicitly prohibit some or all types of firearm carry at polling locations, drop boxes, or counting facilities.

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.³⁴

In 2023, Oregon passed a law prohibiting armed paramilitary activity, violations of which are subject to civil action.³⁵

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.

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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), 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. 

1. 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, https://everytownresearch.org/report/armed-assembly-guns-demonstrations-and-political-violence-in-america/.[↩]
2. 52 U.S.C. § 10101(b).[↩]
3. 18 U.S.C. § 2101.[↩]
4. 18 U.S.C. § 2385.[↩]
5. 18 U.S.C. § 930.[↩]
6. 40 U.S.C. § 5104.[↩]
7. Ariz. Rev. Stat. § 13-3102(A)(11).[↩]
8. Cal. Elec. Code § 18544(a). Open carry is generally prohibited in public under Cal. Penal Code §§ 17030, 263350.[↩]
9. Colo. Rev. Stat. § 1-13-724.[↩]
10. Conn. Gen. Stat. § 29-35(a)(2).[↩]
11. As of October 1, 2023, Connecticut broadly prohibits people from openly carrying both handguns and long guns in public.[↩]
12. Del. Code. Ann. tit. 11, § 1457B.[↩]
13. D.C. Code Ann. § 7-2509.07(5); 22-4504(a).[↩]
14. Fla. Stat. § 790.06(12)(6); 790.053(1).[↩]
15. Ga. Code Ann. § 16-11-127(b)(7).[↩]
16. Haw. Rev. Stat. Ann. § 134-9.1(a)(11).[↩]
17. 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).[↩]
18. La. Rev. Stat. § 40:1379.3(N)(4); § 18:1461.7(c)(3).[↩]
19. Md. Code Ann., Crim. Law § 4-111(d).[↩]
20. H.B. 4885 (2024) to be codified as Mass. Gen. Laws ch. 269, § 10(k).[↩]
21. Miss. Code Ann. § 45-9-101.[↩]
22. Miss. Code Ann. §9-37-7(2).[↩]
23. Mo. Rev. Stat. § 571.107(1)(2).[↩]
24. Neb. Rev. Stat. § 28-1202.01(3).[↩]
25. N.J. Stat. Ann. §§ 2C:58-4(a); 2C:58-4.6(a)(5).[↩]
26. N.M. Stat. Ann. § 1-20-24.[↩]
27. N.Y. Penal Law § 265.01-e(2)(q).[↩]
28. Ohio Rev. Code Ann. § 3505.21.[↩]
29. S.C. Code Ann. § 16-23-20.[↩]
30. Tex. Penal Code § 46.03(a)(2).[↩]
31. 13 V.S.A. § 4027.[↩]
32. Va. Code Ann. §§ 24.2-604(A); 24.2-671(D); 24.2-802.1(A).[↩]
33. Wash. Rev. Code Ann. § 9.41.284.[↩]
34. 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.”[↩]
35. OR HB 2572 (2023), codified as Or. Rev. Stat. § 30.847.[↩]
36. Ala. Code § 31-2-125.[↩]
37. Ariz. Rev. Stat. Ann. § 26-123.[↩]
38. Ark. Code Ann. § 5-71-302.[↩]
39. Cal. Penal Code § 11460.[↩]
40. Colo. Rev. Stat. § 18-9-120.[↩]
41. Conn. Gen. Stat. §§ 27-101, 27-102, 53-206b.[↩]
42. Del. Const., art. 1, § 17.[↩]
43. Fla. Stat. §§ 870.06, 790.29.[↩]
44. Ga. Code Ann. § 16-11-151.[↩]
45. Idaho Code §§ 46-802, 18-8103.[↩]
46. 20 Ill. Comp. Stat. §§ 1805/94, 1805/94a.[↩]
47. Ind. Code § 10-16-2-3.[↩]
48. Iowa Code § 29A.31.[↩]
49. Kan. Stat. Ann. § 48-203.[↩]
50. Ky. Const. § 22; Ky. Rev. Stat. Ann. § 38.440.[↩]
51. La. Stat. Ann. §§ 29:31, 14:117.1.[↩]
52. Me. Const. art. I, § 17.[↩]
53. Md. Code Ann., Public Safety § 13-214.[↩]
54. Mass. Gen. Laws ch. 33, §§ 130; 131.[↩]
55. Mich. Comp. Laws §§ 750.402, 750.528a.[↩]
56. Minn. Stat. §§ 624.61, 609.669.[↩]
57. Miss. Code Ann. § 33-1-31.[↩]
58. Mo. Rev. Stat. § 574.070.[↩]
59. Mont. Code Ann. § 45-8-109.[↩]
60. Neb. Rev. Stat. § 28-1481.[↩]
61. Nev. Rev. Stat. §§ 203.080, 412.604.[↩]
62. N.H. Rev. Stat. Ann. § 111:15.[↩]
63. N.J. Stat. Ann. § 2C:39-14.[↩]
64. N.M. Stat. Ann. § 30-20A-3.[↩]
65. N.Y. Mil. Law § 240.[↩]
66. N.C. Gen. Stat. §§ 127A-151, 14-288.20.[↩]
67. N.D. Cent. Code § 37-01-21.[↩]
68. Okla. Stat. tit. 44, § 23; Okla. Stat. tit. 21, § 1320.10.[↩]
69. Or. Rev. Stat. § 166.660.[↩]
70. 18 Pa. Cons. Stat. Ann. § 5515.[↩]
71. 30 R.I. Gen. Laws § 30-12-7; 11 R.I. Gen. Laws Ann. § 11-55-2.[↩]
72. S.C. Code Ann. § 16-8-20.[↩]
73. Tenn. Code Ann. § 39-17-314.[↩]
74. Tex. Gov’t Code § 437.208.[↩]
75. Vt. Stat. Ann. tit. 13, § 4071.[↩]
76. Va. Code Ann. § 18.2-433.2.[↩]
77. Wash. Rev. Code §§ 38.40.120; 9A.48.120.[↩]
78. W. Va. Code § 15-1F-7.[↩]
79. Ala. Code § 13A-11-59.[↩]
80. Ark. Code Ann. § 5-73-306 (17).[↩]
81. Cal. Penal Code §§ 26350, 25850, 26400(a).[↩]
82. Conn. Gen. Stat. § 29-35.[↩]
83. D.C. Code Ann. § 7-2509.07 (a) (14).[↩]
84. D.C. Code Ann. § 22-4504(a).[↩]
85. Fla. Stat. Ann. § 790.053.[↩]
86. Haw. Rev. Stat. Ann. § 134-A(15).[↩]
87. 720 Ill. Comp. Stat. 5/24-1(a)(8).[↩]
88. La. Rev. Stat. § 40:1379.3(N).[↩]
89. Md. Code Ann., Crim. Law § 4-208.[↩]
90. Miss. Code Ann. § 45-9-101(13).[↩]
91. Neb. Rev. Stat. § 69-2441.[↩]
92. 2022 AB 4769.[↩]
93. N.Y. Penal Law §§ 265.01-e(2)(r), 265.01-e(2)(s).[↩]
94. N.C. Gen. Stat. § 14-277.2.[↩]
95. Wash. Rev. Code Ann. § 9.41.300 as amended by 2021 WA SB 5038.[↩]
96. Note that some states leave it to local governments to choose whether to prohibit guns in buildings owned or operated by them.[↩]
97. 2011 Alabama OJHR 9; Ala. Code § 13A-11-61.2.[↩]
98. Ark. Code Ann. §§ 5-73-122(a)(1), 5-73-306, 5-73-322(h).[↩]
99. Cal. Penal Code §§ 171b, 171c. Open carry in public is generally prohibited under Cal. Penal Code § 25850.[↩]
100. Colo. Rev. Stat. § 18-12-105.3.[↩]
101. Open carry in public is generally prohibited under Conn. Gen. Stat. § 29-35. See also Conn. Gen. Stat. § 2-1e(c).[↩]
102. D.C. Code Ann. §§ 22-4504, 7-2509.07. Open carry in public is generally prohibited under D.C. Code Ann. § 22-4504(a).[↩]
103. Open carry in public is generally prohibited under Fla. Stat. Ann. § 790.053. See also Fla. Stat. § 790.06(12[↩]
104. Haw. Rev. Stat. Ann. § 134-9.1.[↩]
105. 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).[↩]
106. Iowa Code § 8A.322(3).[↩]
107. Kan. Stat. Ann. § 75-7c20(a),(b),(m).[↩]
108. Ky. Rev. Stat. Ann. § 237.110(16)(d).[↩]
109. La. Rev. Stat. § 40:1379.3(N).[↩]
110. Md. Code Ann., Crim. Law § 4-111(d).[↩]
111. H.B. 4885 (2024) to be codified as Mass. Gen. Laws ch. 269, § 10(k).[↩]
112. Minn. Stat. § 609.66, subd. 1g(a).[↩]
113. Miss. Code Ann. §§ 45-9-101(13); 97-37-7(2).[↩]
114. Mo. Rev. Stat. § 571.107.1(5).[↩]
115. 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).[↩]
116. Mont. Code Ann. § 45-8-328.[↩]
117. Neb. Rev. Stat. § 28-1202.01.[↩]
118. Nev. Admin. Code § 202.020(1)(6).[↩]
119. Nev. Rev. Stat. Ann. § 218A.905(8).[↩]
120. N.J. Stat. § 2C:58-4.6(a)(1).[↩]
121. N.Y. Penal Law § 265.01-e(2)(a).[↩]
122. N.C. Gen. Stat. §§ 14-415.11(c), 14-269.4.[↩]
123. N.D. Cent. Code § 62.1-02-05(1).[↩]
124. Ohio Rev. Code § 2923.126(B)(7).[↩]
125. Okla. Stat. Ann. tit. 21 § 1277(A)(1).[↩]
126. 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.”[↩]
127. Or. Rev. Stat. §§ 166.370(1); 166.262(1).[↩]
128. S.C. Code Ann. §§ 10-11-320; 16-23-20; 16-23-420(A).[↩]
129. S.D. Codified Laws §§ 22-14-23, 22-14-24(5).[↩]
130. 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.[↩]
131. Va. Code Ann. § 18.2-283.2.[↩]
132. 2021 WA SB 5038.[↩]
133. W. Va. Code § 61-6-19(b).[↩]
134. Wis. Stat. § 941.235(1).[↩]
135. Wyo. Stat. § 6-8-104(t)(iv).[↩]