Over the past few days, we have heard the same question from our LawShield members, “Can I legally carry while wearing a mask?” Depending on the state, a person not otherwise prohibited from possessing a firearm under state and federal law may be allowed to carry a gun in a non-prohibited place while wearing a mask.
Keep in mind all other laws still apply. Take time to learn the law!
Alabama
Yes. The State of Alabama allows you to carry with a mask on.
Alaska
Yes. The State of Alaska allows you to carry with a mask on.
Arizona
Generally yes. While gun owners can carry a firearm while wearing a mask, Arizona may outlaw the wearing of a mask to conceal one’s identity, conceal one’s identity with intent to commit a crime, or other restrictions not directly related to firearms. See Ariz. Rev. Stat. § 13-701.
Arkansas
Yes. The State of Arkansas allows you to carry with a mask on.
California
Generally yes. It is not illegal for a person to carry a firearm while wearing a mask in California, particularly when the mask is required by local public health authorities, with one important proviso. See Cal. Penal Code § 25300.
California’s concealed carry statutes do not make the wearing of facemasks unlawful for a person carrying with a valid CCW. California does prohibit the wearing a mask “for the purpose of . . . [e]vading or escaping discovery, recognition, or identification in the commission of any public offense” where the purpose of the mask is to facilitate the “[c]oncealment, flight, or escape, when charged with, arrested for, or convicted of, any public offense.” Cal. Penal Code 185. The “for the purpose of” language is key. The statute is intent-based – that is to say, it criminalizes wearing a mask with the intent of concealing one’s identity in connection with the commission of a crime: think, wearing a mask while robbing a bank. Absent such intent, wearing mask for other lawful purposes, such as to avoid spreading a virus, is legal. Indeed, it may be required. During the current pandemic, officials in other states (notably Illinois) have issued guidance, stating that their similarly constructed statutes do not prohibit mask wearing for public health purposes or impact a person’s ability to lawfully carry a firearm. California officials have not directly addressed the issue, but the lack of a mask prohibition in the CCW statutes, coupled with the intent requirement for the crime involving wearing a mask, indicate that California would probably take a similar approach.
The short answer is that a person legally carrying a firearm may continue to do so while wearing a mask in California, unless the person is wearing the mask, at least in part, to conceal his or her identity while committing a criminal offense. If your activities are lawful, and your intent is only to comply with local public health authorities’ mandates dealing with COVID-19, then you may wear a mask while carrying a weapon in California.
Colorado
Yes. The State of Colorado allows you to carry with a mask on.
Connecticut
Generally yes. While gun owners can carry a firearm while wearing a mask, Connecticut may outlaw the wearing of a mask to conceal one’s identity, conceal one’s identity with intent to commit a crime, or other restrictions not directly related to firearms. See C.G.S. § 53-37a.
Delaware
Generally yes. While gun owners can carry a firearm while wearing a mask, Delaware may outlaw the wearing of a mask to conceal one’s identity, conceal one’s identity with intent to commit a crime, or other restrictions not directly related to firearms. See Del. Code Ann. Tit 11, § 1301.
Florida
Generally yes. While gun owners can carry a firearm while wearing a mask, Florida may outlaw the wearing of a mask to conceal one’s identity, conceal one’s identity with intent to commit a crime, or other restrictions not directly related to firearms. See Fla. Stat. § 876.155.
Georgia
Generally yes. While gun owners can carry a firearm while wearing a mask, Georgia may outlaw the wearing of a mask to conceal one’s identity, conceal one’s identity with intent to commit a crime, or other restrictions not directly related to firearms. See Ga. Code Ann. § 16-11-38; See also Executive Order 04.11.20.02 Regarding the use of face masks/coverings to help prevent the spread of COVID-19.
Hawaii
Yes. The State of Hawaii allows you to carry with a mask on.
Idaho
Yes. The State of Idaho allows you to carry with a mask on.
Illinois
No. Illinois prohibits or will likely interpret the law to prohibit wearing a mask while carrying a firearm. See 720 ILCS 5/24-1.
Indiana
Yes. The State of Indiana allows you to carry with a mask on.
Iowa
Yes. The State of Iowa allows you to carry with a mask on.
Kansas
Yes. The State of Kansas allows you to carry with a mask on.
Kentucky
Yes. The State of Kentucky allows you to carry with a mask on.
Louisiana
Generally yes. While gun owners can carry a firearm while wearing a mask, Louisiana may outlaw the wearing of a mask to conceal one’s identity, conceal one’s identity with intent to commit a crime, or other restrictions not directly related to firearms. See La. Rev. Stat. § 14:313.
Maine
Yes. The State of Maine allows you to carry with a mask on.
Maryland
Yes. The State of Maryland allows you to carry with a mask on.
Massachusetts
Generally yes. While gun owners can carry a firearm while wearing a mask, Massachusetts may outlaw the wearing of a mask to conceal one’s identity, conceal one’s identity with intent to commit a crime, or other restrictions not directly related to firearms. See MGL c. 268 § 34.
Michigan
Generally yes. While gun owners can carry a firearm while wearing a mask, Michigan may outlaw the wearing of a mask to conceal one’s identity, conceal one’s identity with intent to commit a crime, or other restrictions not directly related to firearms. See MCL § 750.396.
Minnesota
Generally yes. While gun owners can carry a firearm while wearing a mask, Minnesota may outlaw the wearing of a mask to conceal one’s identity, conceal one’s identity with intent to commit a crime, or other restrictions not directly related to firearms. See Minn. Stat. 609.735.
Mississippi
Yes. The State of Mississippi allows you to carry with a mask on.
Missouri
Yes. The State of Missouri allows you to carry with a mask on.
Montana
Yes. The State of Montana allows you to carry with a mask on.
Nebraska
Yes. The State of Nebraska allows you to carry with a mask on.
Nevada
Yes. The State of Nevada allows you to carry with a mask on.
New Hampshire
Yes. The State of New Hampshire allows you to carry with a mask on.
New Jersey
Yes. The State of New Jersey allows you to carry with a mask on.
New Mexico
Generally yes. While gun owners can carry a firearm while wearing a mask, New Mexico may outlaw the wearing of a mask to conceal one’s identity, conceal one’s identity with intent to commit a crime, or other restrictions not directly related to firearms. See N.M. Stat. Ann. § 30-22-3.
New York
Yes. The State of New York allows you to carry with a mask on.
North Carolina
Generally yes. While gun owners can carry a firearm while wearing a mask, North Carolina may outlaw the wearing of a mask to conceal one’s identity, conceal one’s identity with intent to commit a crime, or other restrictions not directly related to firearms. See N.C. Gen. Stat. §§ 14-12.7, 14-12.8, 14-12.9, 14-12.10, 14-12.11.
North Dakota
Generally yes. While gun owners can carry a firearm while wearing a mask, North Dakota may outlaw the wearing of a mask to conceal one’s identity, conceal one’s identity with intent to commit a crime, or other restrictions not directly related to firearms. See N.D.C.C. § 12.1-31-15.
Ohio
Generally yes. While gun owners can carry a firearm while wearing a mask, Ohio may outlaw the wearing of a mask to conceal one’s identity, conceal one’s identity with intent to commit a crime, or other restrictions not directly related to firearms. See Ohio Rev. Code § 3761.12.
Oklahoma
Generally yes. While gun owners can carry a firearm while wearing a mask, Oklahoma may outlaw the wearing of a mask to conceal one’s identity, conceal one’s identity with intent to commit a crime, or other restrictions not directly related to firearms. See Okla. Stat. tit. 21 § 1301.
Oregon
Yes. The State of Oregon allows you to carry with a mask on.
Pennsylvania
Yes. The State of Pennsylvania allows you to carry with a mask on.
Rhode Island
Yes. The State of Rhode Island allows you to carry with a mask on.
South Carolina
Yes. The State of South Carolina allows you to carry with a mask on.
South Dakota
Yes. The State of South Dakota allows you to carry with a mask on.
Tennessee
Yes. The State of Tennessee allows you to carry with a mask on.
Texas
Yes. The State of Texas allows you to carry with a mask on.
Utah
Yes. The State of Utah allows you to carry with a mask on.
Vermont
Generally yes. While gun owners can carry a firearm while wearing a mask, Vermont may outlaw the wearing of a mask to conceal one’s identity, conceal one’s identity with intent to commit a crime, or other restrictions not directly related to firearms. See local ordinance.
Virginia
Generally yes. While gun owners can carry a firearm while wearing a mask, Virginia may outlaw the wearing of a mask to conceal one’s identity, conceal one’s identity with intent to commit a crime, or other restrictions not directly related to firearms. See Va. Code § 18.2-422.
Washington
Yes. The State of Washington allows you to carry with a mask on.
Washington, D.C.
No. Washington, D.C. prohibits or will likely interpret the law to prohibit wearing a mask while carrying a firearm. See D.C. Code § 22-3312.03.
West Virginia
Generally yes. While gun owners can carry a firearm while wearing a mask, West Virginia may outlaw the wearing of a mask to conceal one’s identity, conceal one’s identity with intent to commit a crime, or other restrictions not directly related to firearms. See W. Va. Code § 61-6-22.
Wisconsin
Yes. The State of Wisconsin allows you to carry with a mask on.
Wyoming
Yes. The State of Wyoming allows you to carry with a mask on.
The preceding should not be construed as legal advice nor the creation of an attorney-client relationship. This is not an endorsement or solicitation for any service. Your situation may be different, so please contact your attorney regarding your specific circumstances. Because the laws, judges, juries, and prosecutors vary from location to location, similar or even identical facts and circumstances to those described in this presentation may result in significantly different legal outcomes. This presentation is by no means a guarantee or promise of any particular legal outcome, positive, negative, or otherwise.
Why then can any government entity mandate that masks be worn if doing so strips those being told to wear them of a Constitutional right? Why are Police not arresting each other for carrying while masked, I know and am being sarcastic, but I would LOVE to see the LAPD tell Garcetti, or the officers assigned to Newsom tell him, “sorry, we can’t carry firearms, that is illegal while wearing a mask” just to see how fast they openly say “my men may carry guns while wearing a mask, you may not.”
To a rational person, it would seem that mask requirements and firearms carry laws are separate and unrelated. To politicians, however, maybe not so much!
So, if we’re in a “no” state, should we refuse to wear mask instead of not carrying?
That’s what I was thinking. A law cannot be passed and enforced that violates your Constitutional right. In this case you must abide by the requirement governing your Constitutional right, already on the books, which states you cannot wear a mask while carrying. I do not believe the new law makes any kind of stipulation in regards to exercising your Second Amendment right, therefore, it does not apply. These are only my opinions based on consistency in rights.
I can’t believe as a former AF combat security policeman, contract security, licensed gun owner, and holder of a CCP, that I don’t have the same rights as the members of the Marxist organizations Antifa, and BLM!?!
I’ll carry until a globalist traitor finally takes it from my cold dead hands.
AMEN!!
I 100% agree with you. I am legal and following the law of my CCP. The COVID-19 epidemic is making masks mandatory in some states, counties, and cities. Because a mask is mandatory during this time of uncertainty I too will continue to carry and defend myself my family and anyone else who needs it around me, MASK or NO MASK. MAY GOD BLESS AND HELP US GET THROUGH THIS.
I’m right there with you man!!! Stand together or hang separately!!!
I don’t think I would have ever even thought of asking whether it’s legal to carry with a mask. To a logical person, mask requirements and firearms laws are separate and unrelated. To politicians, though, it might seem otherwise!
Politicians, lawyers, same thing most of the time.
Thank you for taking the time to write all this up.
George from the Great State of Texas
Not true. You can carry while complying with Covid-19 masks in California
so i cant ware a mask while hunting deer in cali? but i can smoke some ganja medicine while in the deer blind… hummm, strange laws over there. ditto on what dude said about the lapd jack booted thugs n masks.. show your face
Is this for conceal carry or open carry? I thiught in texas you can conceal cary with a mask but not open cary with a mask?
You read that law in Texas somewhere did you? People making up laws again.
You hunt deer with a handgun?
Thank you
Thank you for writing this, I just had this conversation with a friend.
Good informative article. Thanks
I WILL NOT COMPLY.
I’m with you patriot
“DON’T LEAVE HOME WITHOUT IT”
“Yes. The State of New Jersey allows you to carry with a mask on.” — You mean it would, if it allowed people to obtain a license to carry.
I didn’t think New Jersey even allowed carrying.
Are you even allowed to own in NJ? They do ban a number of firearms that other States allow.
In WV it’s YES as said by the Governor’s office in Covide message yesterday
Thank you guys for this research. This question has been circulating in Florida for the last few weeks. It’s getting to a point that you need a Law Degree (or services of an attorney) not to run afoul of the law (which often makes no sense). I suspect with the dynamics occurring, your research and clarification of the law will be unfortunately increasingly needed in the future.
I live in missouri have ccw so if had use your fire arm to protect your self and while wearing a mask would you still be faceing a class 4 felony on top of that because a crime has been done I no law not perfect bad people do crimes out in no time just do it again but if a law Biden citizen protects his self and stand his ground we get hit hard I seen videos where people protecting there self during robbers and home invasion charged because fire arm wasnt in there name and killed both home invasion people does that make since I no says not legal wear mask in missouri but I want no what happen if wear mask and had use firearm to protect your self
I’m in CA.
PC 25300(s) states: “A person commits criminal possession of a firearm when the person carries a firearm in a public place or on any public street while masked so as to hide the person’s identity.”
I just asked my county sheriff for guidance about this. Their response was:
“That section of the law clearly states only when one is wearing a mask with the intent to conceal their identity. The wearing of masks for COVID does not apply to that section.”
Research done by Riverside County Gun Owners and San Diego County Gun Owners says otherwise. California law prohibits CCW holders from wearing a mask “for the purpose of concealing their identity”, while carrying. Since the mask is due to a State mandated health requirement, and applies to everyone, it does not strip CCW holders of their right to carry concealed.
Carry in New Jersey with a mask on?
Is this a bad joke?
Their is no carry in New Jersey
Wouldn’t it be: ” 876.12 Wearing mask, hood, or other device on public way.—No person or persons over 16 years of age shall, while wearing any mask, hood, or device whereby any portion of the face is so hidden, concealed, or covered as to conceal the identity of the wearer, enter upon, or be or appear upon any lane, walk, alley, street, road, highway, or other public way in this state.” be the law that actually applies and not 876.155
California – Orange County conformed you can carry with a mask as long as the mask is required
Have a question about rioting mobs, if you are confronted with a rioting mob and you fear for your life, call 911 first but can you pull your gun out to scare them off. I have seen a bunch of videos where people have used their cars to get away from the mob and hurt some in the crowd unintentionally to get away. What is the best way to get out of this situation if the police is no where to be found.
Mr Galvez..
If you are in a situation where you fear for your life, you probably don’t have time to call 911. Every second matters. if you have time to call 911, you have time to ESCAPE! You pull your gun for only 1 reason; To save your life! (or the life of a loved one) and.. Generally speaking, rioting mobs are avoidable.
As for the videos with mobs attacking cars, on the interstates.. Yes I’ve seen and thought about them. A defensive driver is generally alert and anticipates trouble before it happens. If you are driving down the interstate and there is a mob in the highway, you can cross the median and go the other way. If you are truly TRAPPED, with no escape, the law now turns in your favor. it MUST. You have a lawful right to LIVE. If I’m driving, and trapped, and someone smashes my windshield with a crowbar, he will get shot. period. BUT i never pull my gun to scare someone. If i pull my gun, its to protect life, and they are dead without warning. And.. Police are irrelevant. In 99% of all murders, the police are nowhere nearby. And what if the police don’t show up? What if they all walked off the job? The bottom line is.. IS YOUR LIFE THREATENED? That is the only real justification for lethal force.
Eulalio That is brandishing and you will be in all kinds of legal battles if you do it “to scare someone”.
2 wrongs don’t make a right.
UNDERSTANDING MAXIMS OF LAW, AND COMMON SENSE..
CARRYING WITH MASK…
I live in FL, a LIGHT GREEN state.. generally yes, but use caution. Now, I have been researching this issue for several weeks, and have all the FL gun law. The law does not address masks for MEDICAL reasons. ONLY identity concealment, which is a no-no. So, here’s my advice {and of course check this with the USLawshield atty for your state}.. carry your gun, wear your mask, BUT if you suddenly find yourself in a situation that gives you the sense it could go south very quickly, and require self defense.. TAKE OFF THE MASK!! If there is ANY chance the mask could complicate your defense, GET RID OF IT! A masked gunman is problematic. Keep it simple for your defense! Here’s the idea.. Whats the worst they can do to your for being out in public WITHOUT a mask? a possible $50-500 fine?? It’s better to defend a noncompliance mask order in court with your atty arguing for an exception because YOU WERE FORCED INTO A COMPLICATED DEFENSE SITUATION that prohibits masks, with the worst possible outcome a misdemeanor?? Verses a FELONY charge as a masked gunman? It’s a no brainer to me. DO NOT ALLOW A STUPID MASK TO ENDANGER YOUR LEGAL STANDING!