Firearms instructor, self-defense expert, and legal consultant Massad Ayoob has a simple answer to the question in his recent Facts and Firearms episode: yes, you should still get a carry permit – even in a permitless state. As Ayoob puts it bluntly, “Get the d#$% permit.” His reasoning isn’t based on theory but on decades of real-world legal experience, where paperwork often makes the difference between walking free and becoming a convicted felon.
From “May-Issue” to “Shall-Issue” – A Legal Shift
Ayoob explained that until the mid-1980s, most states operated under “may-issue” laws for concealed carry permits. That meant issuing authorities could deny an application for almost any reason, and in practice, permits often went only to the “white, male, rich, and politically connected.” The turning point came when Florida passed a statewide “shall-issue” law, sparking a wave of similar reforms. By the early 2000s, every state had at least some legal provision for issuing a concealed carry license.
The Rise of Permitless Carry
Vermont was the lone “constitutional carry” state for decades. Today, Ayoob noted, 29 states allow permitless carry for residents – and in many cases, visitors – provided they aren’t prohibited persons. That’s huge progress from a Second Amendment perspective. But Ayoob warns that freedom inside your own state lines doesn’t mean you’re covered elsewhere. A sudden family emergency or job opportunity might take you to a state with strict licensing rules / and without a permit, you could be committing a felony the moment you cross the border armed.
Reciprocity and Its Fragility
Ayoob has advocated for national reciprocity since the early 1990s. While reciprocity agreements between states exist, they are negotiated individually and can be changed or revoked without warning. He gave the example of Nevada abruptly dropping recognition of Florida’s permits over a minor renewal policy change, instantly turning lawful visitors into criminals. His point: the patchwork system is unreliable, and having your own permit improves your odds of staying legal across state lines.
The “Good Guy Card” Advantage
In Ayoob’s experience, having a permit can also shape how law enforcement perceives you. In many states, carry permit data is linked to driver’s license records, meaning an officer can see your status during a traffic stop. If you proactively inform them you’re armed and licensed, Ayoob says the “overwhelming majority” of officers respond positively – they see you as a “card-carrying good guy” who has been vetted and found competent to carry.
Case Study: The Subway Vigilante
Ayoob recounted the infamous Bernhard Goetz case from 1980s New York City. After being violently mugged, Goetz was denied a carry permit under the city’s restrictive rules. He later shot four men in a subway after they attempted to rob him. While acquitted of the shootings, Goetz was convicted of carrying without a permit – a felony with a mandatory one-year sentence. Ayoob’s takeaway: Goetz might have avoided lifelong felony status had he sought out specialized legal help to secure the permit in the first place.
Case Study: Thomas Naim Watkins
In Florida during the early 1990s, Thomas Naim Watkins – a young man with a clean record – bought a pistol for self-defense but skipped the permit due to cost. When attacked alongside his girlfriend, he shot and killed the assailant. Despite the apparent self-defense circumstances, the jury convicted him, with at least one juror citing the lack of a carry permit as a key factor. Ayoob argues that for the cost of the gun, ammunition, and a permit, Watkins could have avoided prison entirely.
Case Study: Bob Tessitore
Another example came from Massachusetts, where Ayoob’s former student, Bob Tessitore, carried legally in Rhode Island but never applied for a Massachusetts non-resident permit. After using his firearm to defend himself from a knife-wielding attacker in Fall River, Tessatori was convicted of illegal carrying – again, a felony with a mandatory minimum sentence. Ayoob’s point: skipping the permit wasn’t just an oversight; it became the legal lever used to punish him despite the justified shooting.
Malum Prohibitum vs. Malum in Se
Ayoob explained the legal distinction: malum in se offenses (like murder or theft) are wrong by nature, while malum prohibitum offenses exist solely because lawmakers prohibited them. Carrying without a permit in some states falls into the latter category – it’s not inherently evil, but it’s still a crime that can carry devastating consequences. That’s why he stresses adapting to “how things are” instead of only acting on “how we want things to be.”
Hypothetical: Four Brothers, Four Outcomes
To drive home the patchwork problem, Ayoob imagined quadruplets from different states – one with a New York City permit, one with an upstate New York permit, one from Massachusetts, and one from permitless Vermont. After a traffic accident in NYC reveals they’re armed, only the city permit holder walks away clean. The others face varying degrees of legal trouble, even though all were law-abiding in their home states. It’s a stark reminder of how arbitrary borders can change your legal status instantly.
Legal Reality vs. Political Ideal
Ayoob’s advice boils down to pragmatism over principle. While constitutional carry is spreading and national reciprocity is worth fighting for, the current reality is a minefield of inconsistent laws and unpredictable enforcement. Having a permit isn’t just about legality; it’s a proactive defense against prosecutorial overreach, jury bias, and the “gotcha” traps hidden in state statutes. As unromantic as it sounds, paying a fee and sitting through a class may be the cheapest insurance policy a gun owner can buy.
Closing: “Get the Damn Permit”
Ayoob closes as he began: with the plain instruction to get a carry permit – ideally, multiple permits covering neighboring states that don’t recognize your own. The law is often unfair, he admits, but ignoring it can cost you far more than the inconvenience of applying. “It’s not about how we want things to be,” he says. “It’s about recognizing how things are.”
Mark grew up in the heart of Texas, where tornadoes and extreme weather were a part of life. His early experiences sparked a fascination with emergency preparedness and homesteading. A father of three, Mark is dedicated to teaching families how to be self-sufficient, with a focus on food storage, DIY projects, and energy independence. His writing empowers everyday people to take small steps toward greater self-reliance without feeling overwhelmed.
