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Firearms in and around democratic environments threaten not only public safety but also the integrity and trust in our most fundamental political processes.

Background

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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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.”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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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

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.

Prohibitions on Firearms in Election-Related Spaces 
StateGeneral Open Carry ProhibitedPolling LocationsDrop Boxes
Counting Facilities
Arizona7Yes 
California8YesYesOpen carry prohibited
Open carry prohibited
Colorado9
YesYes
Yes
Connecticut10YesOpen carry prohibited11Open carry prohibited
Open carry prohibited
Delaware12Yes
District of Columbia13YesYesOpen carry prohibited
Open carry prohibited
Florida14YesYesOpen carry prohibited
Open carry prohibited
Georgia15Yes
Hawaii16YesYes
Illinois17YesOpen carry prohibitedOpen carry prohibited
Open carry prohibited
Louisiana18Yes
Maryland19Yes
Yes
Massachusetts20YesYes
Yes
Mississippi21Concealed carry prohibited (People with enhanced permits are exempt)22
Missouri23Concealed carry prohibited
Nebraska24Concealed carry prohibited
New Jersey25Yes (handguns)YesOpen carry of handguns prohibited
Yes
New Mexico26Open carry prohibitedYes
New York27Yes (handguns)YesOpen carry of handguns prohibited
Open carry of handguns prohibited
Ohio28Yes (only for poll observers)
South Carolina29Open carry of handguns and all concealed carry prohibited
Texas30Yes
Vermont31Yes
Virginia32Yes
Yes
Washington33Open 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.34

Prohibitions on Paramilitary Groups
StateUnauthorized Private Militia
Paramilitary Activity Criminalized
Alabama35Yes
Arizona36Yes
Arkansas37
Yes
California38
Yes
Colorado39
Yes
Connecticut40Yes
Yes
Delaware41Yes
Florida42Yes
Yes
Georgia43Yes
Yes
Idaho44Yes
Yes
Illinois45Yes
Yes
Indiana46Yes
Iowa47Yes
Kansas48Yes
Kentucky49Yes
Louisiana50Yes
Yes
Maine51Yes
Maryland52Yes
Massachusetts53Yes
Michigan54Yes
Yes
Minnesota55Yes
Yes
Mississippi56Yes
Missouri57
Yes
Montana58
Yes
Nebraska59
Yes
Nevada60Yes
New Hampshire61Yes
New Jersey62
Yes
New Mexico63
Yes
New York64Yes

North Carolina65Yes
Yes
North Dakota66Yes
Oklahoma67Yes
Yes
Oregon68
Yes
Pennsylvania69
Yes
Rhode Island70Yes
Yes
South Carolina71
Yes
Tennessee72
Yes
Texas73Yes

Vermont74
Yes
Virginia75
Yes
Washington76Yes
Yes
West Virginia77Yes

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
StateConcealed Carry Prohibited
Open Carry Prohibited
Alabama78Yes
Yes
Arkansas79(Applies only to participants in permitted demonstrations)Yes (Enhanced CCW permittees are allowed)
California80
Yes (Open carry banned generally)
Connecticut81
Yes (Open carry banned generally)
District of Columbia82Yes
Yes83
Florida84
Yes (Open carry banned generally)
Hawaii85Yes
Yes
Illinois86Yes
Yes
Louisiana87(Permitted demonstrations or parades)Yes
Maryland88Yes
Yes
Mississippi89(Permitted demonstrations or parades)Yes
Nebraska90Yes (at “political rallies” and fundraisers)
New Jersey91Yes
Yes
New York92Yes
Yes
North Carolina93Yes
Yes
Washington94No
Yes

Prohibitions on Firearms in Legislative Spaces
StateGovernment-Owned Buildings95 State Capitol, State House & State OfficesLocal Government Meetings
Meetings of the State Legislature
Alabama96Yes (State House)Yes
Arkansas97Yes (For loaded firearms only; State Capitol)Concealed carry prohibited (CCW permittees exempt)
Concealed carry prohibited
California98  YesYes (State Capitol)Yes
Yes
Colorado99Yes (Local governments may opt out)Yes (Subject to certain restriction) Yes (Local governments may opt out)
Yes (With exceptions)
Connecticut100Open carry prohibitedYesOpen carry prohibited
Open carry prohibited
District of Columbia101YesYes (US Capitol buildings and DC government buildings)Open carry prohibited
Open carry prohibited
Florida102)Open carry prohibitedOpen carry prohibitedYes
Yes
Hawaii 103YesYesYes
Yes
Illinois104YesYesYes
Yes
Iowa105Open carry prohibited (State Capitol)
Kansas106Concealed carry prohibited (Only in buildings with security screenings)
Kentucky107Concealed carry prohibited (Members of meeting body are exempt)
Concealed carry prohibited (Legislators are exempt) 
Louisiana108Yes (State Capitol)
Maryland109Yes
Massachusetts110Yes (Local governments may opt out)(Effective Oct. 2024)
Minnesota111Open carry prohibited (State Capitol)
Mississippi112Concealed carry prohibited (Meeting place of the legislature)
Concealed carry prohibited (Enhanced CCW permittees are allowed)
Missouri((113Concealed carry prohibited (CCW permittees exempt)114Concealed carry prohibited (Members of meeting body are exempt)
Concealed carry prohibited
Montana115Concealed carry prohibited (State offices)
Nebraska116Concealed carry prohibited
Concealed carry prohibited
NevadaConcealed carry prohibited117Yes (Legislative buildings)118
New Jersey119Yes
New York120YesYes Yes
Yes
North Carolina121Yes (State Capitol. State and federal offices)
North Dakota122Yes (Does not apply to public rest areas or restrooms)


Ohio123Concealed 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)
Oklahoma124Yes (Only government buildings used to conduct business with the public)
OregonYes (Prohibits all firearms in “public buildings”)125Yes (CCW permittees are only prohibited in the State Capitol building but may carry in other state buildings)126
South Carolina127Yes (Authorities in charge of premise may grant permission to carry)YesYes (No law prohibits open carry of long guns) 
Yes (South Carolina prohibits firearms on the capitol grounds) 
South Dakota128Yes (Enhanced CCW permittees who provide notice may conceal carry)
Texas129
Yes (In open meetings if ‘effective notice’ is provided)
Yes (In open meetings if ‘effective notice’ is provided)
Virginia130YesYes (State Capitol building and the Capitol Square and the surrounding area)
Washington131Open carry prohibited
Open carry prohibited
West Virginia132Yes
Wisconsin133Open carry prohibited (CCW permittees are exempt)Open carry prohibited (CCW permittees exempt)
Wyoming134Concealed carry prohibited
Concealed carry prohibited

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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), 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. 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. Ala. Code § 31-2-125.[]
  36. Ariz. Rev. Stat. Ann. § 26-123.[]
  37. Ark. Code Ann. § 5-71-302.[]
  38. Cal. Penal Code § 11460.[]
  39. Colo. Rev. Stat. § 18-9-120.[]
  40. Conn. Gen. Stat. §§ 27-101, 27-102, 53-206b.[]
  41. Del. Const., art. 1, § 17.[]
  42. Fla. Stat. §§ 870.06, 790.29.[]
  43. Ga. Code Ann. § 16-11-151.[]
  44. Idaho Code §§ 46-802, 18-8103.[]
  45. 20 Ill. Comp. Stat. §§ 1805/94, 1805/94a.[]
  46. Ind. Code § 10-16-2-3.[]
  47. Iowa Code § 29A.31.[]
  48. Kan. Stat. Ann. § 48-203.[]
  49. Ky. Const. § 22; Ky. Rev. Stat. Ann. § 38.440.[]
  50. La. Stat. Ann. §§ 29:31, 14:117.1.[]
  51. Me. Const. art. I, § 17.[]
  52. Md. Code Ann., Public Safety § 13-214.[]
  53. Mass. Gen. Laws ch. 33, §§ 130; 131.[]
  54. Mich. Comp. Laws §§ 750.402, 750.528a.[]
  55. Minn. Stat. §§ 24.61, 609.669.[]
  56. Miss. Code Ann. § 33-1-31.[]
  57. Mo. Rev. Stat. § 574.070.[]
  58. Mont. Code Ann. § 45-8-109.[]
  59. Neb. Rev. Stat. § 28-1481.[]
  60. Nev. Rev. Stat. §§ 203.080, 412.604.[]
  61. N.H. Rev. Stat. Ann. § 111:15.[]
  62. N.J. Stat. Ann. § 2C:39-14.[]
  63. N.M. Stat. Ann. § 30-20A-3.[]
  64. N.Y. Mil. Law § 240.[]
  65. N.C. Gen. Stat. §§ 127A-151, 14-288.20.[]
  66. N.D. Cent. Code § 37-01-21.[]
  67. Okla. Stat. tit. 44, § 23; Okla. Stat. tit. 21, § 1320.10.[]
  68. Or. Rev. Stat. § 166.660.[]
  69. 18 Pa. Cons. Stat. Ann. § 5515.[]
  70. 30 R.I. Gen. Laws § 30-12-7; 11 R.I. Gen. Laws Ann. § 11-55-2.[]
  71. S.C. Code Ann. § 16-8-20.[]
  72. Tenn. Code Ann. § 39-17-314.[]
  73. Tex. Gov’t Code § 437.208.[]
  74. Vt. Stat. Ann. tit. 13, § 4071.[]
  75. Va. Code Ann. § 18.2-433.2.[]
  76. Wash. Rev. Code §§ 38.40.120; 9A.48.120.[]
  77. W. Va. Code § 15-1F-7.[]
  78. Ala. Code § 13A-11-59.[]
  79. Ark. Code Ann. § 5-73-306 (17).[]
  80. Cal. Penal Code §§ 26350, 25850, 26400(a).[]
  81. Conn. Gen. Stat. § 29-35.[]
  82. D.C. Code Ann. § 7-2509.07 (a) (14).[]
  83. D.C. Code Ann. § 22-4504(a).[]
  84. Fla. Stat. Ann. § 790.053.[]
  85. Haw. Rev. Stat. Ann. § 134-A(15).[]
  86. 720 Ill. Comp. Stat. 5/24-1(a)(8).[]
  87. La. Rev. Stat. § 40:1379.3(N).[]
  88. Md. Code Ann., Crim. Law § 4-208.[]
  89. Miss. Code Ann. § 45-9-101(13).[]
  90. Neb. Rev. Stat. § 69-2441.[]
  91. 2022 AB 4769.[]
  92. N.Y. Penal Law §§ 265.01-e(2)(r), 265.01-e(2)(s).[]
  93. N.C. Gen. Stat. § 14-277.2.[]
  94. Wash. Rev. Code Ann. § 9.41.300 as amended by 2021 WA SB 5038.[]
  95. Note that some states leave it to local governments to choose whether to prohibit guns in buildings owned or operated by them.[]
  96. 2011 Alabama OJHR 9; Ala. Code § 13A-11-61.2.[]
  97. Ark. Code Ann. §§ 5-73-122(a)(1), 5-73-306, 5-73-322(h).[]
  98. Cal. Penal Code §§ 171b, 171c. Open carry in public is generally prohibited under Cal. Penal Code § 25850.[]
  99. Colo. Rev. Stat. § 18-12-105.3.[]
  100. Open carry in public is generally prohibited under Conn. Gen. Stat. § 29-35. See also Conn. Gen. Stat. § 2-1e(c).[]
  101. D.C. Code Ann. §§ 22-4504, 7-2509.07. Open carry in public is generally prohibited under D.C. Code Ann. § 22-4504(a).[]
  102. Open carry in public is generally prohibited under Fla. Stat. Ann. § 790.053. See also Fla. Stat. § 790.06(12[]
  103. Haw. Rev. Stat. Ann. § 134-A(1).[]
  104. 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).[]
  105. Iowa Code § 8A.322(3).[]
  106. Kan. Stat. Ann. § 75-7c20(a),(b),(m).[]
  107. Ky. Rev. Stat. Ann. § 237.110(16)(d).[]
  108. La. Rev. Stat. § 40:1379.3(N).[]
  109. Md. Code Ann., Crim. Law § 4-111(d).[]
  110. H.B. 4885 (2024) to be codified as Mass. Gen. Laws ch. 269, § 10(k).[]
  111. Minn. Stat. § 609.66, subd. 1g(a).[]
  112. Miss. Code Ann. §§ 45-9-101(13); 97-37-7(2).[]
  113. Mo. Rev. Stat. § 571.107.1(5).[]
  114. 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).[]
  115. Mont. Code Ann. § 45-8-328.[]
  116. Neb. Rev. Stat. § 69-2441(1)(a).[]
  117. Nev. Admin. Code § 202.020(1)(6).[]
  118. Nev. Rev. Stat. Ann. § 218A.905(8).[]
  119. 2022 AB 4769.[]
  120. N.Y. Penal Law § 265.01-e(2)(a).[]
  121. N.C. Gen. Stat. §§ 14-415.11(c), 14-269.4.[]
  122. N.D. Cent. Code § 62.1-02-05(1).[]
  123. Ohio Rev. Code § 2923.126(B)(7).[]
  124. Okla. Stat. Ann. tit. 21 § 1277(A)(1).[]
  125. 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.”[]
  126. Or. Rev. Stat. §§ 166.370(1); 166.262(1).[]
  127. S.C. Code Ann. §§ 10-11-320; 16-23-20; 16-23-420(A).[]
  128. S.D. Codified Laws §§ 22-14-23, 22-14-24(5).[]
  129. 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.[]
  130. Va. Code Ann. § 18.2-283.2.[]
  131. 2021 WA SB 5038.[]
  132. W. Va. Code § 61-6-19(b).[]
  133. Wis. Stat. § 941.235(1).[]
  134. Wyo. Stat. § 6-8-104(t)(iv).[]