In this strange COVID era when wearing a mask indoors is mandatory in many states, it is natural that this question should arise.

It has never been illegal to concealed carry if you have a permit or if you’re carrying in a state that supports constitutional carry. An increasing number of states now allow concealed carry without a permit.

The rule about being masked is the same. It is not illegal to wear a mask whether you are armed or not.

Where Is The Confusion?

Part of this is stereotype: masked individual holding a gun must be robbing a bank or attempting to conceal his identity while he shoots someone.

Another reason for the confusion surrounding guns and masks is historic. Southern state enacted many of these laws to combat Ku Klux Klan activities. These laws ban masks or face coverings that obscure identity. Because these laws still remain on the books, wearing masks in public may run afoul of the criminal code.

There have been a few incidents where police have cited these laws in arresting people wearing masks of any sort for any reason. Known as anti-mask laws, their intent was to prohibit anyone committing a crime from masking his identity.

Indeed, during the nineteenth and early twentieth century in several states, it was illegal to appear in public with one’s face masked or covered. The issue was masked not masked and concealed carry.

⇒ CONCEALED CARRY CHECKLIST

A third cause for confusion has to do with misinformation. Using the mask image that the pandemic has brought forth, clever writers have inadvertently muddied the waters. Here is an example:

Actors Kevin Hart and Keanu Reeves inadvertently drew attention to misinformation about face mask requirements and concealed-weapon permits.

The scene shows an exchange between the two actors.

“Stop! You have to wear a mask in here,” says Hart.

“I can’t,” replies Reeves. “It’s a class 4 felony violating section 24-1(a)(9) prohibiting a mask while carrying a gun,”

The scenario, of course, went viral on Facebook.

Even though the post was flagged as part of Facebook’s efforts to fight false news and misinformation, the harm was done. The general public believes what it sees and reads. Sadly, social media posts are taken as truths.

In spite of the fact that there is no federal law banning wearing a mask while carrying a concealed weapon, there are some state laws and local statutes that do ban being masked while armed.

An Illinois statute prohibits carrying a firearm while wearing a face covering. Actually, the law prohibits those who are “hooded, robed or masked in such manner as to conceal his or her identity” from concealed carry. When Illinois Gov. J. B. Pritzker mandated Illinois residents and visitors to wear face coverings in public to slow the spread of the coronavirus, effective May 1, a cry went up from the pro-gun crowd. They said their right to bear arms was being violated.

However, Illinois State Police have said that the law does not apply in this COVID-19 mask required time. Lawful concealed-weapon permit holders may wear masks as long as  they are not engaged in unlawful activities while masked.

Illinois is not the only state where wearing masks and concealed carry appear to clash. There are at least fifteen states and some cities with laws against concealed carry while masked. North Carolina prohibits people from covering their faces in public—whether carrying or not. That law is currently suspended during the pandemic.

Faced with repeated questions about whether you are legally allowed to conceal carry  and wear a mandated mask, US Law Shield studied this question in a state-by-state research. In only one state—Illinois—they discovered it was illegal to do so. However, as noted above, Illinois has stated this law does not apply during COVID mandatory masking.

In Washington DC, it is likely that you will be prohibited from wearing a mask while carrying a firearm. Check out D.C. Code § 22-3312.03 for clarification.

In many others, it was legal to concealed carry while masked. Some states put provisions on the law. Here residents and visitors were cautioned to check with the legal authorities.

In a state-by-state investigation, this is what they found:

States that allowed masks and concealed carry: Alabama, Alaska, Arkansas, Colorado, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Washington, Wisconsin, and Wyoming.

Other states responded with provisions. Arizona said generally but cited Ariz. Rev. Stat. § 13-701 regarding “intent to commit a crime.”

California noted Cal. Penal Code § 25300 stating that the wearing of the mask must be for health reasons and unless the mask is intended to conceal identity while committing a criminal offense.

Connecticut cited intent to mask identity to commit a crime as illegal C.G.S. § 53-37a.

North Dakota, Ohio, Massachusetts, New Mexico, Michigan, North Carolina, Minnesota, Oklahoma, Delaware, Florida, Louisiana, Vermont, Virginia, West Virginia, and Georgia mirrored Connecticut’s concerns, citing state laws.

⇒ Find Your State Laws Here.

Conclusion

We are  living in strange times. Even in states where there are anti-mask laws, the spirit of those laws indicates they were created to prevent masks being used to conceal the perpetrator’s identity as he committed a crime. In every state—even Illinois with its tight anti-mask law—those state laws  have been suspended.

If your state has a mandatory mask law enacted to curb COVID, and you are legally permitted to carry concealed, then there is no reason you cannot concealed carry while wearing a mask.

If some well-intentioned law enforcement officer arrested you and you weren’t committing a crime, chances are high that you wouldn’t be prosecuted.

Many of the anti-mask laws still on state law books state only that you can’t wear a mask in public to conceal your identity. They usually add the proviso: “unless under certain circumstances.” A public health order is certainly one of those circumstances.

None of these anti-mask laws make any mention of carrying a weapon of any kind—legally or otherwise.

The legal experts say that arresting someone for wearing a mask during a public health event like the pandemic while concealed carrying is a dubious act. It is one that wouldn’t likely be prosecutable.

If you don’t have your concealed carry, get started today.