The Down Range Forum
Flying Dragon Productions ( Michael Bane ) => The Best Defense on My Outdoor TV => Topic started by: drmajor on October 17, 2012, 09:48:03 AM
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What states allow Open Carry?
What kind of rules go with it?
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In NH "open carry" means open, pistol must be visible.
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Way to vague to answer. Don't believe anything unless it comes from a particular states attorney general.
MA is not technically a concealled carry only state but the laws are so fugged up that it's nearly impossible to get accurate information.
Case in point. I was in NH last weekend and I have a license to carry there as a non-resident. It allows me to carry a sidearm but can I carry it openly as a non-resident? Don't know and I don't really care!
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The laws in the United States regarding open carry of handguns are vary from state to state. Below is the full list of open carry states:
States permit open carry without requiring the citizen to apply for any permit or license: (11)
Alaska<br>Montana<br>Idaho<br>Wyoming<br>Nevada<br>Arizona<br>New Mexico<br>South Dakota<br>Vermont<br>Kentucky<br>Virginia
States permit open carry with restrictions: (13)
Utah<br>North Dakota<br>Minnesota<br>Iowa<br>Tennessee<br>Mississippi<br>Georgia<br>Indiana<br>Maryland<br>New Jersey<br>Rhode Island<br>Connecticut<br>Massachusetts
States prohibit open carry: (7)
New York<br>Oklahoma<br>South Carolina<br>Arkansas<br>Texas<br>Illinois<br>Florida
COPYRIGHT 2009 International Business Times
The best site for laws is this http://www.handgunlaw.us/
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Way to vague to answer. Don't believe anything unless it comes from a particular states attorney general.
MA is not technically a concealled carry only state but the laws are so fugged up that it's nearly impossible to get accurate information.
Case in point. I was in NH last weekend and I have a license to carry there as a non-resident. It allows me to carry a sidearm but can I carry it openly as a non-resident? Don't know and I don't really care!
Tim, yes, you can open carry, check 2How's link.
However you might as well wear a big sign that says "I'm not from here" because with resident CCW at $10 I don't know of any residents who do open carry.
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PA allows open carry. If you are open carrying in a car or Philadelphia you need to have a PA License to Carry Firearms. Otherwise, no special permission needed (as long as you're legal to own a firearm of course).
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Ohio is an open carry state. The Cincinnati Police Chief recently instructed the officers in the law.
Here is a link to the story: http://www.buckeyefirearms.org/node/8510
3. LAW DEPARTMENT MEMO ON OPEN CARRY OF A FIREARM IN OHIO
Ohio law permits the open carry of a firearm with few exceptions. Citizens may openly carry firearms in public places unless there is a specific prohibition against carrying a firearm in that place (police station, school safety zone, courthouse, etc.).
Since Cleveland v. State of Ohio, 2010-Ohio-6318, regulation of the "ownership, possession, purchase, other acquisition, transport, storage, carrying, sale, or other transfer of firearms, their components, and their ammunition" is only done by state and federal law. Local municipal laws may only regulate the discharge of firearms. Therefore, officers should not charge individuals with violations of the Cincinnati Municipal Code unless the ordinance deals with the discharge of a firearm.
Many people worry when they see someone openly carrying a gun. Officers can expect to receive calls when this happens. But, openly carrying a firearm, by itself, is not illegal. The fact that someone has called 911 or flagged down an officer about seeing someone with a gun in public is probably not enough to support an investigative detention. In such situations, an officer must observe the subject and evaluate the totality of circumstances to determine whether reasonable suspicion exists to justify detaining the individual. If the individual is doing nothing else that arouses suspicion, simply wearing a gun will not justify a detention.
It is important to note, open carry by itself also would not support a charge of Disorderly Conduct or Inducing Panic. There must be additional facts to support these offenses. If someone is lawfully carrying a firearm—and doing nothing else— the fact that it causes alarm to others does not support a charge.
Equally important, before you charge someone with a violation of Ohio Revised Code (ORC) 2921.29, Failure to Disclose Personal Information (also referred to as the "Stop and I.D." law), you first must have reasonable suspicion that person has, is, or is about to commit a criminal offense. The "Stop and I.D." law does not apply unless you already have a valid investigative detention of the person – and open carry by itself is not enough. Citizens may ignore your request for information during a consensual encounter, so you may only charge a citizen with a violation of ORC 2921.29 when they are legally detained.
Private businesses or property owners may prohibit all firearms on their property. They may post signs prohibiting firearms or they may order a person to leave for such behavior. Criminal Trespass is the appropriate charge if a person is on private property in violation of such a prohibition.
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Tim, yes, you can open carry, check 2How's link.
However you might as well wear a big sign that says "I'm not from here" because with resident CCW at $10 I don't know of any residents who do open carry.
Never would unless I was well away from civilization Tom!
I was at the Merrimack Premium Outlets with my wife. Too many people to freak out if I'd exposed my side arm so I remain discreet. I didn't try too hard to cover it though. If my shirt flew open in the wind, I let it fly, screw it!
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The thing is, they can't give you grief if your pistol prints or shows, you have a permit if it's concealed and if it becomes unconcealed your still legal.
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The thing is, they can't give you grief if your pistol prints or shows, you have a permit if it's concealed and if it becomes unconcealed your still legal.
That's what I figured. Same thing here, more or less!
My daughter works for a local bank and she told me of a guy that worked near the bank that made large business deposits regularly carrying a 1911 on his hip! It ain't illegal, just not advised!
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I have no idea how accurate this site is but here's a map.
http://www.opencarry.org/?page_id=103 (http://www.opencarry.org/?page_id=103)
Poke around the site and see what they have to say.
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I have no idea how accurate this site is but here's a map.
http://www.opencarry.org/?page_id=103 (http://www.opencarry.org/?page_id=103)
Poke around the site and see what they have to say.
I wouldn't trust anything anyone says or posts on the Internet when it comes to firearm laws, as things get out date, or can be plain wrong no matter how well intentioned the source. Case in point this map is out of date for CA (it's now non-permissive). When it comes to avoiding a firearms charge, your only safe bet is to consult an attorney who is knowledgeable in the area in question. I wouldn't even trust some random clerk in a state's Attorney General's office to give you a reliable interpretation of the laws. Given that, I'm certainly not going to trust a web site or forum.
"But Your Honor, I read on www.JoeBobsGunLawsByState.com that what I did was legal." Yeah, right.
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I wouldn't trust anything anyone says or posts on the Internet when it comes to firearm laws, as things get out date, or can be plain wrong no matter how well intentioned the source. Case in point this map is out of date for CA (it's now non-permissive). When it comes to avoiding a firearms charge, your only safe bet is to consult an attorney who is knowledgeable in the area in question. I wouldn't even trust some random clerk in a state's Attorney General's office to give you a reliable interpretation of the laws. Given that, I'm certainly not going to trust a web site or forum.
"But Your Honor, I read on www.JoeBobsGunLawsByState.com that what I did was legal." Yeah, right.
If they reference specific State laws, like handgunlaws.US and opencarry.org then you can pretty much trust them since you can read the law for yourself.
On the other hand, you can take the truly paranoid route and not believe anything you read, hear, or see anywhere.
And don't believe that lawyer you paid either, remember, he'll make a lot more defending you than he will from giving you good advice.
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Forget the People's Republic of MD! Open carry is not permitted here and it does not reciprocate. CC is very restricted and available only to certain people who either transport money, have proven threats against their lives or otherwise are in recognized danger by the MD gestapo (State Police). Close to 90% of all permit applications are denied. A recent Federal Court decision that says PRM is in violation of the U.S. Constitution notwithstanding, this state will do everything in its power to delay, counter-sue, or just plain ignore any compliance directives or court orders. The Democrats who control this state will secede from the Union rather than comply. Of course, I'd love to be proven wrong!
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If they reference specific State laws, like handgunlaws.US and opencarry.org then you can pretty much trust them since you can read the law for yourself.
On the other hand, you can take the truly paranoid route and not believe anything you read, hear, or see anywhere.
And don't believe that lawyer you paid either, remember, he'll make a lot more defending you than he will from giving you good advice.
So who runs web sites like handgunlaw.us and opencarry.org? How often do they update their sites to keep up with current changes in the law? From what I see, the folks who run these sites are good firearms enthusiasts, but they're not attorneys and they don't state how frequently they update their sites. Even handgunlaw.us states "By using any of these links or information provided here, you agree to hold harmless and without liability, PC Solutions, Inc., Steve Aikens, Gary Slider, or any provider of such information. You are responsible for validating your own information." As I mentioned, the info that opencarry.org currently has for CA is out of date and therefore just plain wrong. If you follow their information, you would be in a ton of hot water. Also, a quick check with the CA Attorney General's web site shows that handgunlaw.us is linking to an out of date firearms law publication from 2005.
True, attorneys can give bad advice too. But you would have recourse in court against them if they do. Not so with any web site or forum. We may be able to get 70, 80, or even 90 percent accurate information from folks who create web sites or post in forums, and so it may seem like useful information. But it's that percentage of bad advice with no recourse that makes it generally worthless if I still have to fact check everything I read. So IMO, using the Internet for advice on the best AR handguard or hunting loads for feral pigs is great. Not so for the law.
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True, trust no one 100%, as we humans tend to get things wrong from time to time.......but there has to be a starting point somewhere.
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http://www.opencarry.org/?page_id=26
In addition to being an invaluable “starting point” legal resource and discussion forum for gun owners, OpenCarry.org has grown to become the social networking portal for the open carry movement. Tens of thousands of “OCDO” registered members have already made a difference in their communities! Since 2004, the open carry of handguns has become much more common and less controversial as open carriers’ friends, neighbors and local law enforcement discover that open carry is legal and wholesome. In fact a recent FBI report essentially concludes that criminals don’t open carry handguns.
Bios & Press Contact
John Pierce lives in Bristol Virginia where he owns a software consulting business. John is a life-long gun rights advocate and an NRA certified instructor. He has an undergraduate degree in Computer Information Systems, an MBA from George Mason University in Fairfax Virginia and is a 2012 honors graduate of Hamline University School of Law in St. Paul, MN.
Professionally, John is a member of the American Bar Association Second Amendment Civil Rights Litigation Subcommittee and his writings have been published by the ABA Civil Rights Litigation Committee and the ABA Minority Trial Lawyer Committee.
Email: john@OpenCarry.org
Mike Stollenwerk lives in Virginia where he retired from the United States Army (in which he served as an armored cavalry officer and economist for over 20 years) in the rank of Lieutenant Colonel.
Email: mike@OpenCarry.org
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I stand corrected that the admin for opencarry.org is not an attorney. Doesn't change the fact that his information for CA is out of date. If I went open carrying in a rural, unincorporated area as his site suggests is legal, then I would be in big trouble. I would have no recourse for his out-of-date, and therefore bad, advice. Guys, I'm not saying it's bad to start somewhere. But when it comes to potential trouble with the law, that somewhere needs to be both reliable and accountable for me. Feel free to take your own chances.
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Way to vague to answer. Don't believe anything unless it comes from a particular states attorney general.
MA is not technically a concealled carry only state but the laws are so fugged up that it's nearly impossible to get accurate information.
Case in point. I was in NH last weekend and I have a license to carry there as a non-resident. It allows me to carry a sidearm but can I carry it openly as a non-resident? Don't know and I don't really care!
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I really do notadvocate open carry unless I am out in the sticks where NO one is around. Az. isan open carry state and I cringe when I walk into a Subway and see some schmo with his roscoe hanging from his belt. For one thing, the person NEVER sees me walk in. If I was a bad guy, all that says to me is shhot that guy FIRST!!!!! I only want a bad guy to know I hve a gun is when they hear the boom.
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On my first trip to the Knob Creek Machine Gun shoot, I was distracted by the number of folks open carrying.
Men, women, many were carrying, particularly in the Gun Show tents but most everywhere.
After my initial reaction I came to feel as if I had come Home. This is the the way it should be, I thought, each person demonstration their freedom, independence, willingness and capability to protect themselves and others without any notice or reaction as to it's being out of place.
But you are right. At the current time, a lone open carry person in Subway is noticeable and and could be a target, but if everyone in that Subway and on the street were carrying, that bad guy would would never initiate any foul action.
That Schmo with his roscoe hanging out is making that statement for Freedom and Liberty for all of us...and he is taking the risks involved on himself.
I don't open carry because of the risks and disadvantage it might give me, but maybe the next time I see that Schmo I'll uncover my weapon so he doesn't have to Stand alone.
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I worked a both for Oregon Firearms Federation last weekend at a Baptist Church Sportsman show and there were many people carrying open and concealed. Like Solus I felt at home and I also choose to carry concealed. Oregon is a pretty blue state but very firearms friendly, due much in part to the efforts of OFF, but open carry is still not a cultural norm.
Maybe we could treat them like tattoos, a social filter. If you don't like it your welcome to not participate.