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/ Uncategorized / The Definitive Guide to Guns & Masks (COVID-19)

The Definitive Guide to Guns & Masks (COVID-19)

July 13, 2020 by Phillip Nelsen

Can you wear a mask while carrying a firearm? Until March 2020, most gun owners would have never thought to ask this question. Given recent events, however, it has now become something gun owners need to know. Recently a viral meme has been spreading related to wearing masks while carrying:

This post has been marked as “False Information” by Facebook and has also been deemed False by Politifact & Factcheck.org. Showing their level of analysis, Politifact cited a few sheriff’s they interviewed and a tweet to conclude “No, wearing a mask doesn’t void concealed-carry permit.”

It is not, however, that simple. There are dozens of laws relating to the wearing of masks in the United States. Although there is no federal law prohibiting the carrying of firearms while masked, there are many state laws that can restrict one’s conduct while wearing a mask (including the carrying of a firearm).

We have scoured all 50 states’ laws to bring you this definitive resource for laws relating to masks and carrying a firearm. Click on your state in the below map. If your state has a law prohibiting carrying while wearing a mask you will find the law cited along with an explanation.

Many of the state laws prohibiting masks are mens rea statutes. Mens Rea is the state of mind that the prosecution, to secure a conviction, must prove that a defendant had when committing a crime (i.e. the mens rea for theft is the intent to deprive the rightful owner of the property). Meaning, wearing a mask by itself would not generally constitute a crime, it must be accompanied by an intent to intimidate or do something else unlawful. There are, however, some states that simply have blanket bans on wearing masks, so click through the below map to see how the laws vary from state to state.


State By State Mask Law Guide

CLICK ON EACH STATE TO VIEW ITS LAW RELATING TO MASKS


COLOR GUIDE FOR THE ABOVE INFORMATION:

GREEN: NO LAWS THAT RESTRICT MASKS AT ALL IN THE STATE CODE. This means there are no laws we could find that prohibit mask wearing, with or without a firearm.
YELLOW: SOME LAWS THAT RESTRICT MASKS, BUT NOT SPECIFIC TO FIREARMS. This means there are some laws that restrict wearing a mask (or doing certain acts while wearing a mask), but the law isn’t necessary related to firearms.
RED: SPECIFIC LAWS RESTRICTING MASKS AND FIREARMS. These are the rare states that have laws that restrict wearing a mask while carrying a firearm. We recognize some of these states have issued statements saying they are not enforcing these laws (and we’ve included those statements in the below law summaries), but you should still be aware of what the law says.

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About Phillip Nelsen

Phil Nelsen is a nationally recognized firearm law attorney, expert witness, college professor, author and co-founder of Legal Heat - the nation’s largest firearms training firm.

Legal Heat offers CCW classes nationwide, and also publishes the industry leading Legal Heat 50 State Guide to Firearm Laws and Regulations which can be downloaded on iTunes, GooglePlay and Kindle App stores. You can purchase the paperback version of the Legal Heat 50 State Guide or sign up for a class at Legal Heat

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