Is it unlawful to carry a gun at a protest
Executive summary
Carrying a gun at a protest is not uniformly unlawful across the United States; there is no single federal ban and the legal picture is a patchwork of state and local rules, court decisions, and generally applicable criminal laws that can prohibit threatening or brandishing a firearm [1] [2] [3]. Whether a specific person may legally carry depends on the jurisdiction’s statutes and case law, whether the location is a “sensitive place,” and whether the conduct—displaying, brandishing, or using a weapon—crosses into criminal intimidation or assault [4] [3] [1].
1. No federal blanket prohibition, but a patchwork of rules governs in practice
There is currently no federal statute that generically bans firearms at protests; instead federal law, state statutes, local ordinances, and property-specific rules combine to determine legality, so a gun that is lawful to carry on one sidewalk may be unlawful a short distance away on state capitol grounds, in a federal facility, or at an event where local rules or permit conditions forbid weapons [1] [4] [2].
2. Many states and localities do ban guns at demonstrations or on capitol grounds
Nearly half the states have policies prohibiting public carry on at least portions of capitol grounds or at political demonstrations, and advocacy trackers report that roughly sixteen states expressly prohibit carry at demonstrations or licensed public gatherings, reflecting a significant and growing body of state-level limits [5] [6].
3. “Sensitive places,” permits, and preemption complicate local restrictions
Courts have long recognized that firearms can be banned in “sensitive places” such as schools or government buildings, and some state and local rules treat large permitted events as similarly sensitive; however, state preemption laws in many places prevent localities from going further than state law allows, creating a complex map of where a municipality can lawfully ban guns as a condition of an event permit [4] [2] [1].
4. Even where carrying is legal, criminal laws on intimidation, brandishing, and assault still apply
Every state prohibits the use of a firearm to threaten or intimidate people, and many states have statutes specifically criminalizing brandishing or pointing a gun with intent to cause fear—so a carrier who waves, aims, or uses a weapon to coerce can be prosecuted even if mere possession at the event would otherwise be permitted [3].
5. Courts and politics are changing the contours of law enforcement and rights claims
Since the Supreme Court’s 2022 Bruen decision, lower courts have been re-evaluating modern restrictions against historical analogues, producing rulings that have struck some state bans as unconstitutional while leaving others intact; for example, a federal appeals court recently ruled California’s open-carry restrictions unconstitutional, underscoring legal uncertainty and the likelihood that rules about guns at protests will continue to shift through litigation and legislation [7] [2].
6. Practical realities: agency claims, advocacy pressure, and enforcement discretion
Federal agencies have sometimes asserted that carrying firearms to demonstrations is unlawful in specific contexts—claims that gun-rights lawyers call legally dubious—and advocacy organizations on both sides are pushing policy: gun-safety groups urge bans to protect voters and officials, while Second Amendment groups warn against blanket prohibitions, meaning official guidance and enforcement will vary widely by agency, locality, and political pressure [8] [6] [9].
Conclusion: legality depends on where and how a gun is carried, and what the carrier does
There is no single nationwide answer: in some states and locations it is unlawful to carry at protests (for example under state statutes or event-specific bans), while in others open or concealed carry remains permitted; regardless, using or brandishing a weapon to intimidate or assault is a separate crime everywhere, and evolving court rulings continue to reshape what governments may lawfully restrict at demonstrations [10] [3] [7].