Question for open carry states.

[njsportsman]

I have a non resident CCW from both Florida and Virginia. My question is: can I open carry in an open carry state or do you need another permit for that? There seems to be some discussion around the office here. i don't think you do but, don't know for sure. Thanks

 

[Krazyzigzagger]

Open Carry

First, you have to make sure that the state you are in recognizes a non-resident permit. If it does, when in Rome, do as the Romans do.

 

[NDS]

I have a non resident CCW from both Florida and Virginia. My question is: can I open carry in an open carry state or do you need another permit for that? There seems to be some discussion around the office here. i don't think you do but, don't know for sure. Thanks

Read here and check their maps:
OpenCarry.org - A Right Unexercised is a Right Lost!
That can help you find out the nuances of the locale you wish to carry.
Every state has its own laws and they often don't make sense. Also, open carry is rarely wihout limits of some type; be certain you know the legality before you carry. There are also nuances to legal open carry: some states, like Arizona are 'open carry' while others - here in Nevada for instance, are 'free carry'. The difference is the way the law is stated. Open carry states have statutes clearly saying that open carry is legal. Free carry states just don't have any laws making open carry illegal and since it's not expressly forbidden it's legal. Neither of my two example states require any permit of any kind to open carry. Arizona will soon not require a permit to conceal.

Many of us have open and concealed carry for years without negative incident. Just be sure you know what you're doing.

 

[mrjam2jab]

As stated...it depends.

In PA no license is needed to OC, however that is only OC on foot. As soon as you get into a vehicle, it is now considered CC.

In CT you DO need a license for OC.

 

[Mainsail]

As stated...it depends.

In PA no license is needed to OC, however that is only OC on foot. As soon as you get into a vehicle, it is now considered CC.

That is the law here in WA as well.

 

[mrjam2jab]

In Virginia, if you have a cc permit, you must carry concealed. You cannot open carry.

You are partially correct. In Virginia they do have a Concealed Handgun Permit. However, Open Carry is perfectly legal even without a permit. IN fact, the "virginia tuck" is so named because, as of right now, a concealed handgun is not permitted to be carried into an establishment that serves alcohol. So a person would tuck enough of their shirt in behind the gun so as to OC into the establishment.

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[Unfettered Might]

For Kentucky,

Open carry is an option for residents and non residents alike, no permit required. If you can own a gun, you can carry.

Can't open carry in a courthouse solely devoted to court proceedings.

Can't open carry on K-12 property, but it can be kept in the glove box of your car, which is the only place that you can have a firearm concealed without a permit and it not be a crime. A federal law prohibits any firearm on K-12 property unless you have a permit of some kind though.

The glove box so far is determined to only exist in the dash of a car, so no center consoles. Although recent legislation that is still in process, will change that to be any enclosed compartment in your vehicle.

Of course private property still has to be respected. If you are open carrying and refuse to leave, you would face a trespassing violation if outside of a building and a trespassing misdemeanor if within a building. This also applies to conceal carry.

Private property does not apply if the gun is in your car. Property owners who violate this provision, whether residential, commercial or employer, face civil penalties.

 

[NavyLCDR]

In Virginia, if you have a cc permit, you must carry concealed. You cannot open carry.

You are partially correct. In Virginia they do have a Concealed Handgun Permit. However, Open Carry is perfectly legal even without a permit. IN fact, the "virginia tuck" is so named because, as of right now, a concealed handgun is not permitted to be carried into an establishment that serves alcohol. So a person would tuck enough of their shirt in behind the gun so as to OC into the establishment.

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Actually, mrjam2jab, Dudeorific is NOT even partially correct. Both of his statements are entirely false. Dudeorific, I am curious.... is that what the law ACTUALLY stated? Or is that simply what the instructor told you that it stated?

 

[NavyLCDR]

As stated...it depends.

In PA no license is needed to OC, however that is only OC on foot. As soon as you get into a vehicle, it is now considered CC.

In CT you DO need a license for OC.

That is the law here in WA as well.

As a little bit of clarification... it is legal in WA (not sure about PA) to have an unloaded handgun in a vehicle in WA without any license required - the unloaded handgun can be anywhere in the vehicle, in plain sight or concealed, so long as it is not concealed on the person. If you leave the gun in the vehicle unattended, then the handgun must be concealed and at least the vehicle locked. If you have any permit/license recognized by Washington, then you become exempt from all the vehicle restrictions (except for leaving the gun in the vehicle unattended).

 

[hardballer]

I have a non resident CCW from both Florida and Virginia. My question is: can I open carry in an open carry state or do you need another permit for that? There seems to be some discussion around the office here. i don't think you do but, don't know for sure. Thanks

Wisconsin is OC only.

No concealed carry. Further,

-No carrying of a firearm within 1000 ft of a school zone (unless on private property).
-No carrying of a handgun in a place that serves alcohol for consumption unless you have explicit permission from the owner or manager.
-No carrying of a firearm in a state park or fish hatchery.
-No carrying a firearm in a government building example: a bathroom in a city park or the courthouse.
-Firearms in vehicles must be unloaded and encased, and should be in the farthest out of reach place in the vehicle.


There are nuances to these rules. If you are going to visit a state that allows OC and you want to OC, just be sure you have studied the rules and regs carefully so you will know the law and not break it.

Good luck.

 

[NavyLCDR]

I'm not even partially correct? Please enlighten me. When I took the class in '06, we were provided written copies of the law and drilled into our head by the instructor. I have numerous friends who work in the government in Virginia, as well as law enforcement (both federal and state). We know that police can be wrong in their interpretation, so last time I was in a government bldg., I had a law enforcement friend check the books and she informed me that in Virginia, the law is still on the books that if you have a cc permit, you must carry concealed. She is a federal police officer. If you have further info, I'd like to hear it.

It's quite simple really. Show me a law that makes open carry in Virginia illegal. You can't. I cannot show you a Virginia statute that makes open carry legal, because laws very, very rarely exist that define legal activities. Statutes are written to define what illegal activities are and there are no Virginia statutes that make open carry illegal. It does not matter if you have a concealed weapons permit or not. The concealed weapons permit allows you to carry concealed. It has no effect, nor has it ever, made open carry illegal.

A license is required to drive a car. A license is not required to ride a bicycle. Does that mean once you get a driver's license you can't ride a bicycle? NO. Why not? Because there is no statute prohibiting riding a bicycle, just like there is no statute prohibiting open carry in Virginia - and obtaining a concealed weapons permit is not magically going to create one.

 

[Unfettered Might]

It's quite simple really. Show me a law that makes open carry in Virginia illegal. You can't. I cannot show you a Virginia statute that makes open carry legal, because laws very, very rarely exist that define legal activities. Statutes are written to define what illegal activities are and there are no Virginia statutes that make open carry illegal. It does not matter if you have a concealed weapons permit or not. The concealed weapons permit allows you to carry concealed. It has no effect, nor has it ever, made open carry illegal.

The state's constitution is what determines what can be done legally versus statues that define things that are illegal if performed.

Unless there is a statute in direct opposition to a states constitution, which is rare, on the right to bear arms, then OC is legal.

 

[NavyLCDR]

The state's constitution is what determines what can be done legally versus statues that define things that are illegal if performed.

Unless there is a statute in direct opposition to a states constitution, which is rare, on the right to bear arms, then OC is legal.

So what do you think? Do California gun control statutes directly oppose the California Constitution?

CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS


SECTION 1. All people are by nature free and independent and have
inalienable rights. Among these are enjoying and defending life and
liberty, acquiring, possessing, and protecting property, and pursuing
and obtaining safety, happiness, and privacy.

 

[Unfettered Might]

So what do you think? Do California gun control statutes directly oppose the California Constitution?

CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS


SECTION 1. All people are by nature free and independent and have
inalienable rights. Among these are enjoying and defending life and
liberty, acquiring, possessing, and protecting property, and pursuing
and obtaining safety, happiness, and privacy.

That statement is too ambiguous to mean the right to bear arms.

I went and searched the entire California Constitution and could not find one instance of the right to bear arms. So to answer your question, no.

Although the US Constitution and the Supremacy Clause should kick in if they tried to outright ban them.