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Open carry in the United States
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See also: Concealed carry in the United States
Two New Hampshire residents openly carrying holstered pistols.
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In the United States, open carry refers to the practice of "openly carrying a firearm in public", as distinguished from concealed carry, where firearms cannot be seen by the casual observer. The practice of open carry, where gun owners openly carry firearms while they go about their daily business, has seen an increase in the U.S. in recent years.[1][2] This has been marked by a number of organized events intended to increase the visibility of open carry and public awareness about the practice.[3] Proponents of open carry point to history and statistics, noting that criminals usually conceal their weapons, a stark contrast to the law-abiding citizens who display their sidearms.[4] Encouraged by groups like The Modern American Revolution,[5] OpenCarry.org, GeorgiaCarry.org and some participants of the Free State Project, open carry has seen a revival in recent years,[6][7][8] but it is not yet clear if this represents just a short-term trend.[9][10]
The gun rights community has become supportive of the practice. Alan Gottlieb of the Second Amendment Foundation has been cautious in expressing support,[11] while groups such as the aforementioned OpenCarry.org and GeorgiaCarry.org, and certain national groups such as the NRA and Gun Owners of America (GOA) have been more outspoken in favor of the practice.
Open carry is strongly opposed by gun control groups such as the Brady Campaign and the Coalition to Stop Gun Violence.[12][13]
Contents
[hide]
1 Terminology
1.1 Categories of law
2 Jurisdictions in the United States
3 Constitutional implications
4 Demonstrations and events
5 Diversity in state laws
6 Federal Gun Free School Zones Act
7 See also
8 References
Terminology[edit]
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A man openly carrying a handgun at a fast food restaurant in Eagle, Colorado.
Open carry
The act of publicly carrying a firearm on one's person in plain sight.
Plain sight
Broadly defined as not being hidden from common observation; varies somewhat from state to state. Some states specify that open carry occurs when the weapon is "partially visible," while other jurisdictions require the weapon to be "fully visible" to be considered carried openly.
Loaded weapon
Definition varies from state to state. Depending on state law, a weapon may be considered "loaded" under one of the following criteria:
Only when a live round of ammunition is in the firing chamber of the weapon
When a magazine with ammunition is inserted into the firearm, regardless of whether or not a round is in the chamber
When a person has both the firearm and its ammunition in his or her possession (or readily accessible, in some instances), without regard as to whether a round is in the chamber or a magazine with ammunition is inserted into the firearm (most common legal definition in "gun-control" states)
Preemption
In the context of open carry: the act of a state legislature passing laws which limit or eliminate the ability of local governments to regulate the possession or carrying of firearms.
Prohibited persons
This refers to people who are prohibited by law from carrying a firearm. Typical examples are felons, those convicted of a misdemeanor of domestic violence, those found to be addicted to alcohol or drugs, those who have been involuntarily committed to a mental institution, and those who have been dishonorably discharged from the United States Armed Forces.
Categories of law[edit]
Today in the United States, the laws vary from state to state regarding open carry of firearms. The categories are defined as follows:
A hunter carrying a revolver in a visible rear holster.
Permissive open carry states
a state has passed full preemption of all firearms laws, with few exceptions. They do not prohibit open carry for all nonprohibited citizens and do not require a permit or license to open carry. Open carry is lawful on foot and in a motor vehicle.
Permissive rural open carry states
a state that generally allows open carry without a license, but local restrictions may exist. Some states exempt license holders from local restrictions while others don't.
Licensed open carry states
a state has passed full preemption of all firearms laws, with few exceptions. They permit open carry of a handgun to all nonprohibited citizens once they have been issued a permit or license. Open carry of a handgun is lawful on foot and in a motor vehicle. In practice however, some of these states that have May-Issue licensing laws can be regarded as Non-Permissive for open carry, as issuing authorities rarely or never grant licenses to ordinary citizens.
Anomalous open carry states
open carry is generally prohibited except in unincorporated areas of counties in which population densities are below statutorily-defined thresholds, and local authorities have enacted legislation to allow open carry with a permit in such jurisdictions (California). Thus, some local jurisdictions may permit open carry, and others may impose varying degrees of restrictions or prohibit open carry entirely.
Nonpermissive open carry states
open carry of a handgun is not lawful or is lawful only under such a limited set of circumstances that public carry is effectively prohibited. They may include when one is hunting or traveling to/from hunting locations, on property controlled by the person carrying, or for lawful self-defense. Additionally, some states with May-Issue licensing laws are NonPermissive when issuing authorities are highly restrictive in the issuance of licenses allowing open carry.
Jurisdictions in the United States[edit]
A Map of Open Carry Laws in the United States:
Permissive Open Carrying
Permissive Rural Open Carrying
Licensed Open Carrying
Anomalous
Non-Permissive
In the United States, the laws concerning open carry vary by state and sometimes by municipality. The following chart lists state policies for openly carrying a loaded handgun in public.
Status of open carry, by jurisdiction
Jurisdiction[14]
Permissive
Permissive Rural
Licensed
Anomalous
Non-
Permissive
Notes
Alabama
Y[15] Open carry without permit allowed. Permit required if carrying in vehicle.
Alaska
Y
American Samoa
Y Open carry is prohibited
Arizona
Y
Arkansas
Y In August 2015 Attorney General Leslie Rutledge issued a non-binding opinion that open carry without a license is legal. Her opinion can be found at https://web.archive.org/web/20160304040540/http://ag.arkansas.gov/opinions/docs/2015-064.html with the following extracts noted:
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On open carry:
In my opinion, Act 746’s amendments to § 5-73-120 mean that (1) the statute only criminalizes a person’s “possess[ing] a handgun on or about his or her person, in a vehicle occupied by the person, or otherwise readily available for use” if he or she simultaneously has the intent “to attempt to unlawfully employ the handgun…as a weapon” against a person, and (2) this unlawful intent may not be presumed simply because that person possesses a loaded handgun.
On Concealed Carry:
Nothing in Act 746, § 5-73-120(a), or this opinion is intended to suggest a person may carry a concealed handgun in public without a properly issued concealed-carry license. In fact, except during a journey, it is likely that the Arkansas Supreme Court would allow the presumption that a person who has flouted the concealed-carry regime in Arkansas law by possessing a concealed handgun without a concealed-carry license has the requisite unlawful intent for a violation of § 5-73-120(a).
Point 4 requires additional explanation. In my opinion, a person may not lawfully carry a concealed handgun in public without a properly issued concealed-carry license. I believe this necessarily follows from the concealed-carry licensing scheme that predates Act 746 and that, in my opinion, was unaffected by Act 746. The licensing requirement is recognized in the “concealed handgun” exception under § 5-73-120:
Attorney General Leslie Rutledge has also stated that open carry may generate reasonable suspicion for an officer to stop and briefly detain a person
   [A]ny person who carries a handgun should be aware that a law enforcement officer might lawfully inquire into that person’s purpose. Determining culpability or potential culpability under Ark. Code Ann. § 5-73-120 is initially a matter for law enforcement following guidelines that routinely apply when investigating a misdemeanor involving the danger of forcible injury to persons. A law enforcement officer may stop and detain any person reasonably suspected of violating § 5-73-120 if necessary to identify the person or determine the lawfulness of his or her conduct.

   Whether an officer has reasonable suspicion will depend upon a number of circumstance-specific factors. Some of these factors are recounted in Ark. Code Ann. § 16-81-203 (Repl. 2005), including: (1) the demeanor of the suspect; (2) the gait and manner of the suspect; (3) any information received from third persons; and (4) the suspect’s proximity to known criminal conduct. While merely possessing a loaded handgun completely on its own is not enough for reasonable suspicion of a violation of § 5-73-120(a), possessing a loaded handgun in combination with just one additional factor may, depending on the circumstances, be enough to create reasonable suspicion of intent to unlawfully employ the handgun as a weapon (and thus reasonable suspicion of a violation of § 5-73-120(a)).
 [16]
California
Y Open carry legal in rural counties with local ordinances allowing open carry. Some of these counties issue a permit for open carry. Additionally, a person may also open carry if he or she "reasonably believes that any person or the property of any person is in immediate, grave danger and that the carrying of the weapon is necessary for the preservation of that person or property."[17] One can expect to be detained and questioned by law enforcement in most urban areas if using the latter rationale as the basis for openly carrying a firearm in public.
Colorado
Y Open carry without a license permitted statewide, except in the City and County of Denver (where open carry is prohibited by local ordinances that pre-date Colorado's statewide pre-emption law).
Connecticut
Y Open carry with a valid pistol permit is legal statewide. Connecticut is Shall-Issue, with Limited Discretion for granting pistol permits. Connecticut is Anomalous for long gun carry, as state law does not address the open carry of rifles and shotguns; restrictions on long gun carry vary throughout Connecticut based on local policies.
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Connecticut is May-Issue according to state law, but Shall-Issue according to court precedence and in practice. While Connecticut's pistol permit law states that the issuing authority may-issue a pistol permit to a qualified individual, Connecticut law does not require applicants to show "good cause" for needing a pistol permit. As such, the state's courts have generally ruled that issuing authorities must grant pistol permits to qualified individuals who have passed a criminal and mental health background check and completed the required firearms safety training. State law does not address the open carry of rifles and shotguns. Some municipalities have enacted ordinances restricting or banning the open carry of long guns.
Delaware
Y No permit or special license required.
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The "grandfathered" Dover city ordinance restricting open carry that pre-dated state pre-emption was repealed in 2015.
District of Columbia
Y Civilian open carry is not allowed in the District of Columbia.
Florida
Y[18][19] Open carry is generally prohibited with certain exceptions, such as when one is at home, their place of work, hunting, fishing, camping, or while practice shooting and while traveling to and from those activities.
The constitutionality of the general ban on open carry is currently being challenged in the Florida Supreme Court case of Norman v. State[20][21]
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F.S. 790.25(3) states the provisions of ss. 790.053 [open carry ban] and 790.06 [concealed carry license] do not apply in the following instances, and, despite such sections, it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes. A few instances are listed below: (h) A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition; (i) A person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of any such person while engaged in the lawful course of such business; (j) A person firing weapons for testing or target practice under safe conditions and in a safe place not prohibited by law or going to or from such place; (k) A person firing weapons in a safe and secure indoor range for testing and target practice; (l) A person traveling by private conveyance when the weapon is securely encased or in a public conveyance when the weapon is securely encased and not in the person’s manual possession; (m) A person while carrying a pistol unloaded and in a secure wrapper, concealed or otherwise, from the place of purchase to his or her home or place of business or to a place of repair or back to his or her home or place of business; (n) A person possessing arms at his or her home or place of business;
[19]
Georgia
Y Licenses granted on a Shall-Issue basis. Open carry of long guns allowed without a license.
Guam
Y FOID required.[22]
Hawaii
Y In practice Licenses rarely issued to ordinary citizens. Licenses valid in the issuing county only. No laws against open carrying long guns.
Idaho
Y
Illinois
Y[23][24]
Indiana
Y Licenses granted on a Shall Issue basis. Preemption law enacted in 2011. Indiana recognizes firearms carry licenses issued by all other states.
Iowa
Y Open carry without permit allowed outside city limits. Permit required inside city limits.
Kansas
Y
Kentucky
Y
Louisiana
Y Open carry is legal in Louisiana. Attorney General Opinion No. 78-795 – The AG replies to two questions: "1. Is it legal to carry an exposed handgun?" and "2. Do Parishes and/or Municipalities have the power to regulate the carrying of exposed handguns?" The AG responds, "the carrying of an exposed handgun is not illegal, except as provided in LSA R.S. 14:95.1." And citing City of Shreveport V. Curry and City of Shreveport V. Bukhett, 357 S.2d 1078, (LA. 1978), the AG states: "It is the opinion of this office that the state statutes aforementioned have the purpose of establishing a general scheme to control weapons (handguns) and that a fair reading of those statutes show this would constitute an area in which the state has pre-empted [sic] the legislative control and has implicitly authorized the carrying of unconcealed weapons. Therefore, an ordinance enacted by a Parish and/or Municipality requlating [sic] the carrying of exposed handguns would be without effect as being in conflict with State Law."[25]
Maine
Y
Maryland
Y In practice Licenses are rarely issued to ordinary citizens. However, no permit is required to openly carry a rifle or shotgun.
Massachusetts
Y Pistol permits are issued by local authorities on a May-Issue basis. Ability to obtain a pistol permit varies between localities. Pistol permits are valid statewide, regardless of where they were issued. In practice, open carry is highly discouraged by authorities, and one may be charged with Disorderly Conduct or Breach of Peace if open carry causes public alarm. Open carry of long guns prohibited.
Michigan
Y[26] No License needed for open carry (not in a Vehicle). A valid Concealed Pistol License (CPL) is required to carry in a vehicle and are granted on a Shall-Issue basis.
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State law says: "A local unit of government shall not impose special taxation on, enact or enforce any ordinance or regulation pertaining to, or regulate in any other manner the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols or other firearms, ammunition for pistols or other firearms, or components of pistols or other firearms, except as otherwise provided by federal law or a law of this state."
Minnesota
Y Licenses are granted on a Shall-Issue basis
Mississippi
Y
Missouri
Y[27] While open carry is not illegal at the state level, some localities outlaw it. However, possession of a concealed carry permit allows for preemption of local laws. Thus a permit is not required to open carry unless you wish to open carry in a locality that outlaws it.
Montana
Y
Nebraska
Y Open carry without a license is allowed but some localities may have restrictions.
Nevada
Y
New Hampshire
Y[28] New Hampshire allows open carry in all public places, except for some government buildings.[29]
New Jersey
Y In practice Licenses rarely granted to ordinary citizens. Open carry of long guns with a valid FID card is technically legal, but generally not practiced except while hunting.
New Mexico
Y Open carry of handguns and long guns permitted, per Article II Section 6 of the New Mexico State Constitution. State law does not preempt tribal laws on Native American reservations, except when traversing a reservation on a state-owned highway. Some tribes do not permit open carry, while some others may require a tribal permit for open carry.
New York
Y Open carry of pistols generally prohibited except while hunting or at a range. Open carry of unloaded long guns is not explicitly prohibited by any law, but is generally not practiced.
North Carolina
Y
North Dakota
Y License required for open carry of loaded handgun. Without a license, may open carry unloaded handgun during the day (i.e. between one hour before sunrise and one hour after sunset). No license required for open carry of long guns.[30]
Northern Mariana Islands
Y Ban on transporting operable firearms was ruled unconstitutional. New legislation to deal with the court ruling is still pending. Open carry remains legal currently.[31]
Ohio
Y Ohio is an open carry state. Open carry is not permitted in vehicles without a Concealed Handgun License. Local firearm laws were preempted in 2007.[32][33]
Oklahoma
Y Residents of permitless carry states may openly carry without a license with a valid ID from their home state.
Oregon
Y Open carry legal without license. However, some more populous locations (Portland, Salem, etc.) have ordinances restricting open carry. Persons with concealed carry licenses are exempt from local open carry restrictions.
Pennsylvania
Y May open carry without a license. However, license to carry needed to open carry in a motor vehicle[34] or in a city of the first class (pop over 1,000,000 – currently only Philadelphia falls into this category)[35]
Puerto Rico
Y
Rhode Island
Y In practice Open carry of handguns permitted with permit issued by the Attorney General's Office. No permit required to carry long guns.
South Carolina
Y Open carry of a handgun is prohibited. Open carry of long guns without permit is allowed.
South Dakota
Y
Tennessee
Y Open carry of handguns allowed with permit. Open carry of loaded long guns is prohibited. Open carry of unloaded long guns allowed without permit.
Texas
Y As of 1 January 2016[update], licensed open carry of handguns (only if carried in a belt or shoulder holster) is legal.[36] Open carry of long guns or antique pistols without a permit was already legal.
U.S. Virgin Islands
Y Open carry is prohibited.
Utah
Y Permit holder may open carry loaded firearm.
Utah allows unlicensed carry of a firearm in a vehicle (loaded handguns or unloaded long guns; loaded long guns in vehicles is prohibited). Unlicensed open carry on foot is also allowed if the firearm is at least 2 actions from firing. For example, a semi-auto may have a full mag but the chamber must be empty (thus requiring 1. racking the slide, and 2. pulling the trigger).
Vermont
Y
Virginia
Y Open carry is generally allowed without a permit for people 18 years of age and older. The following cities and counties have exceptions that disallow the open carry of "assault weapons" (any firearm that is equipped with a magazine that will hold more than 20 rounds of ammunition or is designed by the manufacturer to accommodate a silencer or equipped with a folding stock) or shotguns equipped with a magazine that holds more than 7 rounds: the Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, and Virginia Beach and in the Counties of Arlington, Fairfax, Henrico, Loudoun, and Prince William. These restrictions do not apply to valid concealed carry permit holders. Stated differently, you may open carry an assault weapon/shotgun with more than 7 rounds with a permit in the aforementioned locations, but do not need a permit to do so in any other locality in Virginia.
Washington[37]
Y Open carry is legal without a license, but to carry a handgun loaded in a vehicle one needs a concealed pistol license (CPL).[38] Carry of loaded rifles and shotguns in vehicles is also restricted, per RCW 77.15.460[39]
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There are exceptions to the CPL for loaded in a vehicle requirement such as coming from or going to a lawful outdoor recreational activity.[40] Openly carried pistol may be fully loaded. Washington State also has full state preemption.[41]
West Virginia
Y May open carry without a license. Preemption of local restrictions.[42][43]
Wisconsin
Y Section 32 of 2011 Wisconsin Act 35 (codified as Wis. Stat. 167.31(2)(b), removed the vehicle carry restriction for handguns. However, what constitutes open carry is defined by case law. If one does not possess a Wisconsin concealed weapons license (or a qualifying out of state license), ensuring that the weapon is visible from the outside is essential.[44]
Wyoming[14]
Y
Constitutional implications[edit]
Open carry has never been authoritatively addressed by the United States Supreme Court. The most obvious predicate for a federal "right" to do so would arise under the Second Amendment of the U.S. Constitution.
In the majority opinion in the case of District of Columbia v. Heller (2008), Justice Antonin Scalia wrote concerning the entirety of the elements of the Second Amendment; "We find that they guarantee the individual right to possess and carry weapons in case of confrontation." However, Scalia continued, "Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose."[45]
Forty five states' constitutions recognize and secure the right to keep and bear arms in some form, and none of those prohibit the open carrying of firearms. Five state constitutions provide that the state legislature may regulate the manner of keeping or bearing arms, and advocates argue that none rule out open carry specifically. Nine states' constitutions indicate that the concealed carrying of firearms may be regulated and/or prohibited by the state legislature.[46] Open carry advocates argue that, by exclusion, open carrying of arms may not be legislatively controlled in these states. But this is not settled law.[citation needed]
Section 1.7 [47] of Kentucky's state constitution only empowers the state to enact laws prohibiting "concealed carry".
In 2015, former Florida congressman Allen West opined, regarding the 2015 Supreme Court decision in Obergefell v. Hodges, "Using the same 'due process clause' argument as the Supreme Court just applied to gay marriage, my concealed carry permit must now be recognized as valid in all 50 states and the District of Columbia."[48] This opinion echoes reasoning contained in an Amicus curiae brief in Obergefell.[49] Others have indicated support or expressed skepticism for this line of reasoning.[50][51]
Demonstrations and events[edit]
This section may contain indiscriminate, excessive, or irrelevant examples. Please improve the article by adding more descriptive text and removing less pertinent examples. See Wikipedia's guide to writing better articles for further suggestions. (May 2015)
May 2, 1967 openly armed members of the Black Panther Party marched on the California State capitol[52] in opposition to the then-proposed Mulford Act prohibiting the public carrying of loaded firearms. After the march in the state capitol building, the law was quickly enacted.[53]
On June 16, 2000, the New Black Panther Party along with the National Black United Front and the New Black Muslim Movement protested against the death sentencing conviction of Gary Graham, by openly carrying shotguns and rifles at the Texas Republican National convention in Houston, Texas.[54]
In 2003, gun rights supporters in Ohio used a succession of Open Carry "Defense Walks" attempting to persuade the Governor to sign concealed carry legislation into law.[55]
The legality of open carry of certain firearms in Virginia was reaffirmed after several 2004 incidents in which citizens openly carrying firearms were confronted by local law enforcement. The Virginia law prohibits the open carry, in certain localities, of any semiautomatic weapon holding more than 20 rounds or a shotgun that holds more than seven rounds, without a concealed carry permit.[56]
In 2008, Clachelle and Kevin Jensen, of Utah, were photographed together openly carrying handguns in the Salt Lake City International Airport near a "no weapons" sign. The photo led to an article in The Salt Lake Tribune about the airport's preempted "no weapons" signs. After a few weeks, the city removed the signs.[57][better source needed]
In 2008, Zachary Mead was detained in Richmond County, Georgia by law enforcement for openly carrying a firearm. The weapon was seized. The organization GeorgiaCarry.org filed a lawsuit on behalf of Mead. The court declared that the seizure was a violation of the Fourth Amendment to the United States Constitution, awarded court costs and attorney fees to Mead, and dismissed the remaining charges with prejudice.[58]
In 2008, Brad Krause of West Allis, Wisconsin was arrested by police for alleged disorderly conduct while openly carrying a firearm while planting a tree on his property. A court later acquitted him of the disorderly conduct charge, observing in the process that in Wisconsin there is no law dealing with the issue of unconcealed weapons.[59]
On September 11, 2008, Meleanie Hain had a handgun in plain view in a holster at her 5-year-old daughter's soccer game in Lebanon County, Pennsylvania, leading the county sheriff to revoke her weapons permit;[60] a judge later reinstated it.[61] About a year later, her estranged husband shot her dead in her home before killing himself.[62] A second legal dispute with the sheriff continued after her death, but a federal judge dismissed that lawsuit on November 3, 2010.[63]
On April 20, 2009, Wisconsin Attorney General J.B. Van Hollen issued a memorandum to district attorneys stating that open carry was legal and in and of itself does not warrant a charge of disorderly conduct. Milwaukee police chief Ed Flynn instructed his officers to take down anyone with a firearm, take the gun away, and then determine if the individual could legally carry it until they could make sure the situation is safe.[64]
On May 31, 2009, Washington OpenCarry members held an open carry protest picnic at Silverdale's Waterfront Park, a county park. Attendees openly carried handguns in violation of posted regulations prohibiting firearms at the park.[65] Washington state law allows the open carrying of firearms and specifically preempts local ordinances more restrictive than the state's, such as the one on the books for Kitsap county. Shortly after the protest Kitsap county commissioners voted to amend KCC10.12.080[66] to remove the language that banned firearms being carried in county parks. KCC10.12.080 Was amended on July 27, 2009 and as of May 31, 2012 most of the signs in the county still read that firearms are prohibited despite numerous attempts to get the county to update the signs. The amendment is listed as it reads in meeting minutes from July 2009[67]
KCC10.12.080 Amendment: It is unlawful to shoot, fire or explode any firearm, firecracker, fireworks, torpedo or explosive of any kind or to carry any firearm or to shoot or fire any air gun, BB gun, bow and arrow or use any slingshot in any park, except the park director may authorize archery, slinging, fireworks and firing of small bore arms at designated times and places suitable for their use.
In July 2009, an open carry event organized by OpenCarry.org took place at Pacific Beach, San Diego, California, where citizens carrying unloaded pistols and revolvers were subjected to Section 12031(e) inspections of their firearms on demand by police officers. The officers were obviously well-briefed on the details of the law, which allowed Californians to openly carry only unloaded guns and allows carry of loaded magazines and speedloaders.[6]
On August 11, 2009, William Kostric, a New Hampshire resident, Free State Project participant, and former member of We The People's Arizona Chapter,[68] was seen carrying a loaded handgun openly in a holster while participating in a rally outside a town hall meeting hosted by President Barack Obama at Portsmouth High School in New Hampshire. Kostric never attempted to enter the school, but rather stood some distance away on the private property of a nearby church, where he had permission to be. He held up a sign that read "It's Time to Water the Tree of Liberty!".[69]
On August 16, 2009, "about a dozen" people were noted by police to be openly carrying firearms at a health care rally across the street from a Veterans of Foreign Wars Convention in the Phoenix Convention Center, where President Barack Obama was giving an address.[70] While the Secret Service was "very much aware" of these individuals, Arizona law does not prohibit open carry.[71] No crimes were committed by these protesters, and no arrests were made.[72] In an interview with Fox News, commentator James Wesley Rawles characterized the Phoenix protesters as "merely exercising a pre-existing right". When he was asked about open carry, "but...without a permit?" Rawles opined, "We have a permit – it is called the Second Amendment."[73]
In May 2010, Jesus C. Gonzalez was arrested and charged with homicide in a shooting which occurred while he was carrying a handgun. Gonzalez was involved in two prior arrests for disorderly conduct, based on his open carry practice. He filed a lawsuit claiming fourth and fourteenth amendment violations. His suit and appeal were both dismissed. Gonzalez was convicted on lesser charges, including reckless homicide.[74]
The Starbucks coffee chain has been the target of several boycotts arranged by gun control groups to protest Starbucks' policy of allowing concealed and open carry weapons in stores, if allowed by local laws. A counter buycott was proposed for Valentines Day of 2012 to show support from gun owners for Starbucks, with the use of two dollar bills to represent Second Amendment rights. On September 17, 2013 Howard Schultz, the CEO of Starbucks, published a letter asking customers to refrain from bringing guns into his stores.[75]
Main article: Starbucks § Gun controversy
Diversity in state laws[edit]
State laws on open carry vary widely. Four states, the Territory of the U.S. Virgin Islands and the District of Columbia fully prohibit the open carry of handguns. On the other side, twenty-five states permit open carry of a handgun without requiring the citizen to apply for any permit or license. Fifteen states require some form of permit (often the same permit as allows a person to carry concealed), and the remaining five states, though not prohibiting the practice in general, do not preempt local laws or law enforcement policies, and/or have significant restrictions on the practice, such as prohibiting it within the boundaries of an incorporated urban area. Illinois allows open carry on private property only.[76]
On October 11, 2011, California Governor Jerry Brown signed into law that it would be a "misdemeanor to openly carry an exposed and unloaded handgun in public or in a vehicle." This does not apply to the open carry of rifles or long guns or persons in rural areas where permitted by ordinance.
On November 1, 2011, Wisconsin explicitly acknowledged the legality of open carry by amending its disorderly conduct statute (Wis. Stat. 947.01). A new subsection 2 states "Unless other facts and circumstances that indicate a criminal or malicious intent on the part of the person apply, a person is not in violation of, and may not be charged with a violation of, this section for loading, carrying, or going armed with a firearm, without regard to whether the firearm is loaded or is concealed or openly carried."
On May 15, 2012, Oklahoma Governor Mary Fallin signed Senate Bill 1733, an amendment to the Oklahoma Self Defense Act, which will allow people with Oklahoma concealed weapons permits to open carry if they so choose. The law took effect November 1, 2012. "Under the measure, businesses may continue to prohibit firearms to be carried on their premises. SB 1733 prohibits carrying firearms on properties owned or leased by the city, state or federal government, at corrections facilities, in schools or college campuses, liquor stores and at sports arenas during sporting events."[77]
Federal Gun Free School Zones Act[edit]
The Federal Gun Free School Zones Act limits where a person may legally carry a firearm by generally prohibiting carry within 1000 ft of the property line of any K-12 school in the nation, with private property excluded.[78] A state-issued permit to carry may exempt a person from the restriction depending on the laws of the state, and most issuing states qualify for the exception. However, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives, the exception in federal law is inapplicable to permit holders outside the state that physically issued their permit, and it does not exempt people with out-of-state permits even if the permit is recognized by state reciprocity agreements. BATFE letter explaining reciprocity of CCW permit holders and how it applies to Gun-Free School Zones.
In a 1995 Supreme Court case, the Act was declared unconstitutional: "The Court today properly concludes that the Commerce Clause does not grant Congress the authority to prohibit gun possession within 1,000 feet of a school, as it attempted to do in the Gun-Free School Zones Act of 1990, Pub. L. 101-647, 104 Stat. 4844." [79]
The law was reenacted in the slightly different form, in 1996.[80]
See also[edit]
Concealed carry in the United States
Gun politics
Gun politics in the US
Gun laws in the United States (by state)
Gun-free zone
References[edit]
Jump up ^ "Gun supporters cheer Starbucks policy". Associated Press. February 28, 2010. Retrieved 2013-03-05. Even in some "open carry" states, businesses are allowed to ban guns in their stores. And some have, creating political confrontations with gun owners. But Starbucks, the largest chain targeted, has refused to take the bait, saying in a statement this month that it follows state and local laws and has its own safety measures in its stores.
Jump up ^ O'Connell, Vanessa; Jargon, Julie (2010-03-04). "Starbucks, Other Retailers Dragged Into Gun-Control Dispute". The Wall Street Journal. Retrieved 2010-03-11. The "open carry" movement, in which gun owners carry unconcealed handguns as they go about their everyday business, is loosely organized around the country but has been gaining traction in recent months. Gun-control advocates have been pushing to quash the movement, including by petitioning the Starbucks coffee chain to ban guns on its premises. Anti-gun activists gathered at the original Starbucks in Seattle to push retailers like the coffee chain to ban customers from openly carrying guns, WSJ's Nick Wingfield reports. Businesses have the final say on their property. But the ones that don't opt to ban guns – such as Starbucks – have become parade grounds of sorts for open-carry advocates.
Jump up ^ "Gun-rights activists to descend on downtown Palo Alto". San Jose Mercury News. Retrieved 2010-03-11. Today, a group of gun-rights advocates will exercise their Second Amendment rights by congregating in the plaza with unloaded firearms in plain view. Bay Area members of the national "open carry" movement said they chose the city in part because it is one of the few in the state that has a municipal ban on gun possession. Don't expect any '60s-style confrontations with authorities, however. Palo Alto officials said Friday they will not attempt to enforce the city's ordinance, since it is superseded by state law allowing people to carry guns openly as long as they're not loaded. "We're not going to try to fight state law on this," said Palo Alto police Lt. Sandra Brown. "We're just going to let it happen."
Jump up ^ Pierce, John (April 15, 2010). "Why 'Open Carry' Gun Laws Work". US News and World Report. Retrieved October 26, 2011.
Jump up ^ ModernAmericanRevolution, The (January 1, 2010). "America WILL HAVE 'Open Carry/Concealed Carry/Constitutional Carry' In ALL 50 States!". The Modern American Revolution. Retrieved March 24, 2014.
^ Jump up to: a b Jurjevics, Rosa (July 15, 2009). "They Carry Guns". San Diego Reader. Retrieved October 26, 2011.
Jump up ^ Riccardi, Nicholas (2008-06-07). "Have gun, will show it". Los Angeles Times. Retrieved 2010-05-20.
Jump up ^ "Louisville's Bring Your Firearms to Church Day". Time. 2009-06-25. Retrieved 2010-05-20.
Jump up ^ Mensching, Colleen (August 7, 2009). "Police officers eyes opening to 'open carry'". North County Times. Archived from the original on February 18, 2012. Retrieved October 26, 2011.
Jump up ^ "Gun Movement Encourages Display Of Weapons". NPR. July 2, 2008. Retrieved October 26, 2011.
Jump up ^ Urbina, Ian (2010-03-07). "Locked, Loaded, and Ready to Caffeinate". The New York Times.
Jump up ^ Leinwand, Donna (2009-02-11). "4 states, among last holdouts, eye open-carry gun laws". Usatoday.Com. Retrieved 2016-03-10.
Jump up ^ Stuckey, Mike (August 25, 2009). "Guns near Obama fuel 'open-carry' debate". MSNBC. Retrieved October 26, 2011.
^ Jump up to: a b Kranz, Steven W. (2006). "A Survey of State Conceal And Carry Statutes: Can Small Changes Help Reduce the Controversy?". Hamline Law Review. 29 (638).
Jump up ^ Changes Coming to Alabama Gun Laws, WTVM Channel 9, May 22, 2013
Jump up ^ Arkansas. "Attorney General". Attorney General Opinions. Arkansas AG. Archived from the original on 4 March 2016. Retrieved 10 December 2015.
Jump up ^ Ruling on Peruta v. San Diego, 9th Circuit U.S. Court of Appeals, June 9, 2016
Jump up ^ "Chapter 790 Section 053 – 2013 Florida Statutes – The Florida Senate". Flsenate.gov. Retrieved 19 January 2015.
^ Jump up to: a b "Chapter 790 Section 25 – 2013 Florida Statutes – The Florida Senate". Flsenate.gov. Retrieved 19 January 2015.
Jump up ^ "Norman v. State" Court challenge to constitutionality of Florida's open carry ban statute.
Jump up ^ "Florida's Fourth District Court of Appeals Website". 4dca.org. 2014-11-06. Retrieved 2016-03-10.
Jump up ^ "Guam". handgunlaw.us. Retrieved 2014-05-12.
Jump up ^ "Illinois", OpenCarry.org. Retrieved May 27, 2014. "Open carry is clearly prohibited except in unincorporated areas where the county has not made open carry illegal. Additionally, note that open carry is prohibited inside a vehicle even when in unincorporated areas. Further, a recent review of Illinois statutes indicates that even open carry on foot in unincorporated areas may also be unlawful, and so in an abundance of caution, we classify Illinois as a state banning open carry entirely."
Jump up ^ "Open Carrying in Illinois", Law Center to Prevent Gun Violence. Retrieved May 27, 2014. "Thus, while a person – whether a concealed carry licensee or not – is prohibited from knowingly carrying a fully unconcealed handgun in public, a concealed carry licensee may lawfully carry a partially exposed handgun."
Jump up ^ http://www.laopencarry.org/print/AG_Opinion_78_795.pdf
Jump up ^ "Michigan Open Carry – FAQ". Michigan Open Carry, Inc.
Jump up ^ "Missouri approves concealed guns at schools and open carry in public". the Guardian. Retrieved 19 January 2015.
Jump up ^ Morris, Allie (22 February 2017). "N.H. eliminates concealed carry license requirement". Concord Monitor. Retrieved 16 March 2017.
Jump up ^ "Title XII – Public Safety and Welfare – Chapter 159 – Pistols and Revolvers". New Hampshire General Court. State of New Hampshire. Retrieved 16 March 2017.
Jump up ^ "Chapter 62.1-03 Handguns" (PDF).
Jump up ^ Variety, Marianas. "US court: $1,000 tax on handguns unconstitutional". Marianas Variety. Retrieved 2016-10-02.
Jump up ^ "Lawriter – ORC – 9.68 Right to bear arms – challenge to law". Codes.ohio.gov. 2007-03-14. Retrieved 2016-03-10.
Jump up ^ "Lawriter – ORC". Codes.ohio.gov. Retrieved 2016-03-10.
Jump up ^ "Title 18". The official website for the Pennsylvania General Assembly. Retrieved 19 January 2015.
Jump up ^ "Title 18". The official website for the Pennsylvania General Assembly. Retrieved 19 January 2015.
Jump up ^ "Texas Lawmakers Approve Licensed Open Carry of Handguns, Governor Says He Will Sign Bill Into Law". The Blaze. May 29, 2015.
Jump up ^ "RCW 9.41.270". State of Washington. Retrieved 18 May 2014.
Jump up ^ "RCW 9.41.050". State of Washington. Retrieved 18 May 2014.
Jump up ^ "RCW 77.15.460: Loaded rifle or shotgun in vehicle – Unlawful use or possession – Unlawful use of a loaded firearm – Penalty". Apps.leg.wa.gov. 2016-01-25. Retrieved 2016-03-10.
Jump up ^ "RCW 9.41.060". State of Washington. Retrieved 18 May 2014.
Jump up ^ "RCW 9.41.290". State of Washington. Retrieved 18 May 2014.
Jump up ^ "WV Code 5A". www.legis.state.wv.us. Retrieved 2017-07-18.
Jump up ^ "West Virginia Concealed Carry". www.wvcdl.org. Retrieved 2017-07-18.
Jump up ^ "Wis. Stat. 167.31(2)(b)". State of Wisconsin. Retrieved 6 March 2015.
Jump up ^ "District of Columbia, et al., v. Dick Anthony Heller. 554 U.S. ____ (2008)" (PDF). United States Supreme Court. 2008-06-26. Retrieved 2010-02-19.
Jump up ^ "State constitutional rights to keep and bear arms" (PDF). The Texas Review of Law & Politics. 2006-12-22. Retrieved 2014-02-08.
Jump up ^ Seventh: The right to bear arms in defense of themselves and of the State, subject to the power of the General Assembly to enact laws to prevent persons from carrying concealed weapons.
Jump up ^ Allen West (June 27, 2015). "YEEhaw! This side-effect of the gay marriage ruling will make liberals EXPLODE". Allenbwest.com. Retrieved 2016-03-10.
Jump up ^ Marc Greendorfer (April 2, 2015). "Brief of Tri Valley Law as Amicus Curiae in Support of Respondents in Same Sex Marriage Cases Nos. 14-556, 14-562, 14-571 and 14-574" (PDF)|format= requires |url= (help). pp. 15–16 (21–22 of the PDF). SSRN 2589220  . This Court will be in a position of having to explain how voter approved state prohibitions on one unenumerated, unrecognized right (same sex marriage) constitute a violation of the Due Process and Equal Protection Clauses of the Fourteenth Amendment, yet enumerated Constitutional rights are not befitting the same protections and, in fact, state or local regulations on such rights can be so pervasive as to prohibit the right from being exercised in a meaningful way. ... The most obvious example is the Second Amendment right to keep and bear arms. One day, this Court will have to explain how sweeping restrictions on every aspect of firearms ownership and use can be upheld yet traditional and long-standing regulations on marriage cannot be tolerated in any form or in any jurisdiction. Missing or empty |url= (help) Greendorfer's argument was subsequently expanded in his paper, "After Obergefell: Dignity for the Second Amendment", 35 Miss. C. L. Rev 128 (2016), SSRN 2652536
Jump up ^ http://www.washingtontimes.com, The Washington Times. "Gun rights advocates think gay marriage ruling could loosen concealed carry restrictions". The Washington Times. Retrieved 2017-01-13.
Jump up ^ "Did the Gay Marriage Ruling Just Legalize Concealed Carry Nationwide? Legal Experts Weigh In". IJR – Independent Journal Review. 2015-06-29. Retrieved 2017-01-13.
Jump up ^ "How to Stage a Revolution". Xroads.virginia.edu. 1967-05-02. Retrieved October 26, 2011.
Jump up ^ Skelton, George (May 3, 2007). "A seminal event remembered". Los Angeles Times.
Jump up ^ State GOP Convention/ Tense moment as protesters clash with delegate/ Controversy surrounding execution comes to convention.Houston Chronicle. Retrieved on 10-01-2009.
Jump up ^ "The Morning Journal – Armed and shopping in Vermilion Ohio". Retrieved 2010-03-09. About 70 people, who want a concealed-carry bill passed by the Ohio Legislature signed into law, showed up yesterday with pistols at their sides for a Vermilion open carry shopping day, which was organized by Ohioans For Concealed Carry.
Jump up ^ "Guns Worn In Open Legal, But Alarm Va. (washingtonpost.com)". The Washington Post. 2004-07-15. Retrieved 2010-03-15. Perez said an officer spoke with the men, then took their guns and charged them with possession of a firearm in a public place. Virginia law 18.2-287.4 expressly prohibits "carrying loaded firearms in public areas. But the second paragraph of the law defines firearms only as any semiautomatic weapon that holds more than 20 rounds or a shotgun that holds more than seven rounds – assault rifles, mostly, Van Cleave said. Regular six-shooters or pistols with nine- or 10-shot magazines are not "firearms" under this Virginia law.
Jump up ^ "Gun owners miffed by SLC airport's confusing no-firearms signs". OpenCarry.org – Discussion Forum. Retrieved 19 January 2015.
Jump up ^ "Order and Judgment in the United States District Court for the Southern District of Georgia Augusta Division" (PDF). Georgiacarry.com. Retrieved 19 January 2015.
Jump up ^ "West Allis man not guilty in open carry gun case – JSOnline". Retrieved 2010-03-15. Municipal Judge Paul Murphy said he had reviewed several state statutes and court cases related to the right to keep and bear arms. "There being no law whatsoever dealing with the issue of an unconcealed weapon or the so-called open carry is why we're here today," Murphy said. In the end, he determined Krause's actions did not rise to disorderly conduct and found him not guilty.
Jump up ^ "Soccer mom's gun permit revoked". Reading Eagle. Associated Press. September 25, 2008. Retrieved July 13, 2014.
Jump up ^ Raffaele, Martha (October 15, 2008). "Gun-toting Pa. soccer mom gets back concealed gun permit". Spartanburg Herald-Journal. Associated Press. Retrieved July 13, 2014.
Jump up ^ "Police: Soccer mom video chatting when shot". USA Today. Associated Press. October 9, 2009. Retrieved July 12, 2014.
Jump up ^ "Judge tosses lawsuit of slain Pa. gun advocate". The Boston Globe. Associated Press. November 3, 2010. Retrieved July 13, 2014.
Jump up ^ "Police Stop Man For Carrying Gun Out In Open". Retrieved 2010-03-10. He said many departments are asking questions about how to deal with people openly carrying firearms. He said it may end up being a community-by-community, case-by-case issue fraught with the potential for danger. "Now, with open carry, which is legal, there may be no training. I could hand you my handgun, you could walk down the street carrying it with no training whatsoever. To me, there is a lot more danger now with people thinking, 'I have the right to carry it so I'm going to carry it, and not have the training,'" Banaszynski said. Guns are still prohibited in schools and any private property owner, including businesses, can ban firearms from their property.
Jump up ^ Farley, Josh (May 31, 2009). "They're Breaking the Law – and Getting Away With It". Kitsap Sun. Retrieved October 26, 2011.
Jump up ^ "Kitsap County Code". Code Publishing.
Jump up ^ Robertson, Opal. "Ordinance Amending KCC 10.12.080" (PDF). Kitsap County. Retrieved 28 May 2012.
Jump up ^ Walsh, Joan (August 12, 2009). "Who was that gun-toting anti-Obama protester?". Salon. Retrieved October 26, 2011.
Jump up ^ McCullagh, Declan (August 11, 2009). "Gun-Toting Man Draws Scrutiny Outside Obama Town Hall". CBS News. Retrieved 31 January 2010.
Jump up ^ [1] Archived August 22, 2009, at the Wayback Machine.
Jump up ^ "Men tote assault rifles at Obama event". CNN. Retrieved 2010-05-20.
Jump up ^ Martinez, Edecio (August 18, 2009). "Man Carrying Loaded Assault Rifle Attends Obama Protest". CBS News. Retrieved October 26, 2011.
Jump up ^ "Right to Protest ... With a Gun?". Foxbusiness.com. May 6, 2011. Archived from the original on August 22, 2009. Retrieved October 26, 2011.
Jump up ^ "Shooting suspect was strident in support of open carry efforts". Jsonline.com. Retrieved October 26, 2011.
Jump up ^ "An Open Letter from Howard Schultz, ceo of Starbucks Coffee Company". Starbucks.com. Retrieved June 20, 2014.
Jump up ^ "Illinois Compiled Statutes". Ilga.gov. Retrieved 19 January 2015.
Jump up ^ [2][dead link]
Jump up ^ "BATFE letter threatening prosecution of CCW permit holders." (PDF). Handgunlaw.us. Retrieved 2010-11-08.
Jump up ^ "United States v. Lopez, 514 US 549 – Supreme Court 1995". Scholar.google.com. Retrieved 19 January 2015.
Jump up ^ "Gun Free School Zones Act – as reenacted" (PDF). Gunlaws.com. Retrieved 19 January 2015.
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