Open Carry, What States

[drmajor]

What states allow Open Carry?

What kind of rules go with it?

[tombogan03884]

In NH "open carry" means open, pistol must be visible.

[Timothy]

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!

[2HOW]

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
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The best site for laws is this    http://www.handgunlaw.us/

[tombogan03884]

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.

[Sponsor]

[BAC]

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).

[Solus]

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.

[Timothy]

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!

[tombogan03884]

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.

[Timothy]

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!