Penalty for carrying concealed without a permit

[Guns in Australia]

Just curious what penalty you would receive if you were caught carrying concealed without a ccw permit.

And can a police officer request to see your permit or ID without reasonable suspicion you are unlicensed.

 

[Etkini]

Well.. that really depends on your state. Here in Vermont, we don't need permits so I can carry however I want. Alaska, Arizona, and Wyoming are also like this. In New York, even owning a handgun without a permit is a felony. In South Dakota, it's a class 1 misdemeanor. In Colorado, it's a class 2 misdemeanor. So on, and so forth.

Each state has their own laws; in most if not all it's illegal to carry without a permit. A lot of states have exceptions if you're in your house or place of business. Again it varies by state.

Now, about ID laws, that again depends on the state. Some states have stop and ID laws (which means if a police officer asks you for your ID you are required by law to give it to them). We have some firearm related Supreme Court rulings which protect us from harassment, most notably:
Terry V. Ohio - must be suspected of a crime before being detained\frisked.
Delaware V. Prouse - requires you to have a suspicion of crime before police can detain an individual.
Brown V. Texas – does not allow police to stop an individual and demand their I.D unless you suspect them of committing a crime.
Deberry V. US. - a firearm where legally carried cannot be the only cause for reasonable suspicion for a stop.

 

[cougar98332]

depends on where you are and the laws for that jurisdiction. some places dont require a permit to carry, some places you have to get a permit to purchase. i recommend talking to an attorney knowledgeable in firearms laws for your jurisdiction.

 

[Trubiet]

Why don't you ask your Local Police, or the person who certified you for a CCW. In America it is the CCW holders duty to immediately inform the Police if we are armed!!!!!

 

[Trubiet]

He's in Australia!

 

[RUGERFAN314]

In Missouri its a felony

 

[Etkini]

Why don't you ask your Local Police, or the person who certified you for a CCW. In America it is the CCW holders duty to immediately inform the Police if we are armed!!!!!

Not true, not every state requires you to inform police you are armed. And secondly, asking the police about most laws is like asking a veterinarian about human neuroscience.

 

[cougar98332]

@trubiet: actually that is not entirely true, in some states yes, but in some you are not required to disclose that you are armed nor show them your permit UNTIL they ask, [like my state], that said, if youre wallet is next to your gun, its best to be upfront instead of reaching toward a gun.

 

[Left Coast Conservative]

Depends on the state...

Just curious what penalty you would receive if you were caught carrying concealed without a ccw permit.

And can a police officer request to see your permit or ID without reasonable suspicion you are unlicensed.

The penalty depends on the state you are in when you are caught carrying concealed.

I live in California, so I will reply based on CA state law. If you are carrying concealed without the intent to commit a crime, then it is a misdemeanor, which can be punished (if I am not mistaken) by a fine and up to 1 year in jail. There will be a 10 year loss of firearms rights I believe. If caught carrying concealed with intent to commit a crime, then it is a felony, with much greater penalties and permanent loss of firearms rights.

I do not think that a police officer can request to see anything from you without RAS: reasonably articulated suspicion. While the 4th Amendment has been greatly weakened, it still has some force.

I am not a lawyer. Any and all of the above may be incorrect, and the laws of other states may differ enormously.

 

[NavyLCDR]

In America it is the CCW holders duty to immediately inform the Police if we are armed!!!!!

Complete 100% bovine fecal matter. Very few states, 10 I believe, have a duty to inform law.

Why don't you ask your Local Police, or the person who certified you for a CCW.

Because I would likely receive an incorrect answer.

 

[Wyldekard]

OP, is it true that the people of Australia allowed the government to strip them of their weapons which precipitated a massive increase in criminal activity?

 

[Guns in Australia]

Lots of great responses. Lets zone it down to Florida and Colorado as that's where I will be when i get to the US.

 

[Guns in Australia]

OP, is it true that the people of Australia allowed the government to strip them of their weapons which precipitated a massive increase in criminal activity?

OP? Never heard that abbreviation before. I'm assuming that means original poster... so i'll answer.

You are right when you say there has been an increase in crime. As a pro gun individual, I could take the easy road and claim that it was due to gun control.

The true fact is that there are many variables that increase gun crime and homicide. Socio economics, drugs, gangs and immigration being the main drivers.

Australia has had a non western immigration intake of almost 1% every year for the last 20 years. We have seen a greater divide between the rich and the poor. More drugs on the street and more gang violence. Our largest city Sydney would rarely have drive by shootings or other shooting incidents, yet this year alone we have seen almost 1 a day.

Australians also inherited laws from the UK that stipulate that you can only use reasonable force to defend yourself. So even prior to the 1996 changes where they took our semi auto long arms and introduced a whole bunch of draconian laws, you still couldn't use a gun to defend yourself from a knife attack as the force wasn't proportional.

Fortunately in the last 10 or so years, some of our states have reworded their legislation to 'reasonable response', which puts the burden on the prosecution to prove that your response wasn't reasonable at the time of the attack.

I have many blogs on various Australian gun issues if you want to read them and happy to exchange questions. The most common being, if i come to Australia, can i bring my pistol and carry. The answer is 'NO'. Not unless you want to get shot by a police officer. Firearms must always be locked up, unloaded and only transported to a range. If you want to import one, you need to have a genuine reason and the only genuine reason acceptable is you are competing in international competition. Rifles you can import for hunting but cannot be semi automatic. Shotguns cannot be pumps or semi-auto. Handguns can be used for hunting but only in the Northern Territory, but you'll have a ***** of a time trying to get a permit to get it into the country.

 

[NavyLCDR]

Lots of great responses. Lets zone it down to Florida and Colorado as that's where I will be when i get to the US.

It almost sounds as if you plan on visiting our country, violating our laws and wonder what the consequences will be if you get caught.

 

[stantheman1976]

It is not our duty to inform the cops of anything. The police work for us to protect us. The simple truth of that fact has been twisted over the years. I live in MS. We are not required to inform the police that we are carrying. If the cope has a reason to ask for out carry license then at that time we are required to show the license but it's none of his/her business until that point.

 

[gwjohns82]

Here in Texas we are told to identify ourselves to LEO's, but even if we weren't, I believe it's just common courtesy to do it it anyway. Police officers have a hard enough time dealing with unexpected UCW's and I believe me telling them that I am legally armed would put them somewhat at ease during the encounter.

 

[Etkini]

Lots of great responses. Lets zone it down to Florida and Colorado as that's where I will be when i get to the US.

If you read my post (post #2), I stated it's a class 2 misdemeanor in Colorado for concealed carrying a firearm without a permit. Second, I don't know you so please don't take offense to this, but it's a little odd you're asking for illegal carry laws about two specific areas that are 2,000 miles apart, especially coming from a country that makes it almost impossible to get firearms. If you're looking for a free meal ticket and the best insurance the states can buy, there's better ways.

Further, most states have it in their laws that you must be able to legally purchase and own a firearm in the US before you're able to legally carry. The ATF states you must be a PERMANENT resident of a state for 90 days continuously. If you leave the country before the 90 days is up your clock resets. I've ran into a few illegal aliens carrying\ possessing firearms while on duty before, believe me it does not turn out pretty.

 

[NavyLCDR]

Here in Texas we are told to identify ourselves to LEO's, but even if we weren't, I believe it's just common courtesy to do it it anyway. Police officers have a hard enough time dealing with unexpected UCW's and I believe me telling them that I am legally armed would put them somewhat at ease during the encounter.

Do you extend the same courtesy to convenience store clerks? They have a hard enough time dealing with robberies and teling them that you are legally armed would put them somewhat at ease during your time in the store.

Taxi cab driver? City Bus Driver? Would they not be equally put at ease knowing your are legally armed? Are they not equally worthy of courtesy as a police officer is?

How about our trash collector. He GREATLY contributes to your health and safety every week he takes away your trash, AND he is more likely to die on the job than a police officer is. Isn't he worthy of your courtesy too?

Don't try to lie to us and tell us you are doing it for the benefit of the police officer, otherwise why wouldn't you extend that same "courtesy" to others.

 

[Treo]

Colorado Revised Statute
18-12-105. Unlawfully carrying a concealed weapon - unlawful possession of weapons.(1) A person commits a class 2 misdemeanor if such person knowingly and unlawfully:
(a) Carries a knife concealed on or about his or her person; or
(b) Carries a firearm concealed on or about his or her person; or
(c) Without legal authority, carries, brings, or has in such person's possession a firearm or any explosive, incendiary, or other dangerous device on the property of or within any building in which the chambers, galleries, or offices of the general assembly, or either house thereof, are located, or in which a legislative hearing or meeting is being or is to be conducted, or in which the official office of any member, officer, or employee of the general assembly is located.
(d) (Deleted by amendment, L. 93, p. 964, § 1, effective July 1, 1993.)

(2) It shall not be an offense if the defendant was:
(a) A person in his or her own dwelling or place of business or on property owned or under his or her control at the time of the act of carrying; or
(b) A person in a private automobile or other private means of conveyance who carries a weapon for lawful protection of such person's or another's person or property while traveling; or
(c) A person who, at the time of carrying a concealed weapon, held a valid written permit to carry a concealed weapon issued pursuant to section 18-12-105.1, as it existed prior to its repeal, or, if the weapon involved was a handgun, held a valid permit to carry a concealed handgun or a temporary emergency permit issued pursuant to part 2 of this article; except that it shall be an offense under this section if the person was carrying a concealed handgun in violation of the provisions of section 18-12-214; or
(d) A peace officer, as described in section 16-2.5-101, C.R.S., when carrying a weapon in conformance with the policy of the employing agency as provided in section 16-2.5-101 (2), C.R.S.; or
(e) (Deleted by amendment, L. 2003, p. 1624, § 46, effective August 6, 2003.)
(f) A United States probation officer or a United States pretrial services officer while on duty and serving in the state of Colorado under the authority of rules and regulations promulgated by the judicial conference of the United States.

Open carry is legal in most of Colorado

 

[Guns in Australia]

If you read my post (post #2), I stated it's a class 2 misdemeanor in Colorado for concealed carrying a firearm without a permit. Second, I don't know you so please don't take offense to this, but it's a little odd you're asking for illegal carry laws about two specific areas that are 2,000 miles apart, especially coming from a country that makes it almost impossible to get firearms. If you're looking for a free meal ticket and the best insurance the states can buy, there's better ways.

Further, most states have it in their laws that you must be able to legally purchase and own a firearm in the US before you're able to legally carry. The ATF states you must be a PERMANENT resident of a state for 90 days continuously. If you leave the country before the 90 days is up your clock resets. I've ran into a few illegal aliens carrying\ possessing firearms while on duty before, believe me it does not turn out pretty.

Florida and Colorado is where I plan to visit. It's not almost impossible to get firearms in Australia. I think you're confused about the definition of illegal alien. If i'm traveling legally on a VISA, than i am a legal alien. I don't intend to purchase a firearm, but rather get the customs permits to import my own. I can do this as an international pistol shooting competitor.

I almost sounds as if you plan on visiting our country, violating our laws and wonder what the consequences will be if you get caught.

You're free to assume that, but I don't intend to break any laws. I'm still investigating how to do this legally but I seem to be going around in circles.

I do find it bizarre how there is so much National pride in the second amendment, strong advocacy for the right of law abiding people to be able to defend themselves and many who reject the idea of the need to require a permit at all, yet I as a visitor, your brother nation, a country that fought along side you in WWI, WWII, Korea, Vietnam, Afghanistan and Iraq, can't help but feel like i'm being treated like the scum of the earth and shouldn't be trusted to carry a firearm in your country.

Forgive me if i'm mistaken, but isn't the United Nations headquarters located in the US? And doesn't Article 3 of the United Nations’ Universal Declaration of Human Rights state that "everyone has the right to life, liberty and security of person"?

Someone explain to me why the leader of the free world is telling me I don't have the right to be free, in the very country that preaches about freedom to the rest of the world? Sounds very hypocritical and quite frankly arrogant to me.