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View Full Version : Is there any state where open carry is illegal?


2DaMtns
May 6, 2009, 07:40 PM
I am considering a long road trip most of the way across the country and could venture into as few as 6 or as many as 20 states. I am going by myself if I do it and will definitely be carrying in some capacity. Are there any states that do not allow open carry?

hoytinak
May 6, 2009, 07:45 PM
It's illegal in Texas...unless you're on your own property, out hunting or a comissioned security officer on duty. :rolleyes:

pacerdude
May 6, 2009, 07:50 PM
In Georgia I think it is up to the individual municipalities as to if you can open carry. Also I believe its illegal in Illinois. Have a good time though.:)

poc1
May 6, 2009, 07:52 PM
it depends on if you are talking about open carry with a permit or without. In Tn its ok to carry open with a permit. But if you don't have permit don't even think about it. By the way great to be back I used to post years ago before the site was shut down. Its good to be back lurking haha.

wdelack
May 6, 2009, 07:55 PM
Texas does have a "traveling" law that allows one to carry in your automobile. However some municipalities (Houston for example) choose to ignore this law:mad:.

2DaMtns
May 6, 2009, 08:00 PM
I would carry primarilly in my car. But as a subsidiary question, do you think a LEO in a state in which I am not a resident would be more lenient/understanding if I carry in their state, or would they be harder on me since I am more familiar with carrying guns and such?

Trooper Tyree
May 6, 2009, 08:09 PM
Oklahoma is very restrictive about open carry if I recall correctly. Concealed with a permit is fine, just not open.

poc1
May 6, 2009, 08:16 PM
I wouldn't count on it. And as far as being understanding about your situation just remimber that cop doesn't know you from Adam. If I were driving through a state that I was not sure of I would obey the law and keep my peace undercover.
If I happened to be stopped I would smile and say yes sir or whatever and move on.

emtgunnut23
May 6, 2009, 08:18 PM
Illinois is a terrible state for carry laws. No open or concealed carry, unless your in law enforcement.

rjrivero
May 6, 2009, 08:21 PM
Ohio allows open carry. When they were debating weather or not to allow concealed carry, the 2nd Amendment backers marched in Columbus with their guns carried open.

I would carry primarilly in my car. But as a subsidiary question, do you think a LEO in a state in which I am not a resident would be more lenient/understanding if I carry in their state, or would they be harder on me since I am more familiar with carrying guns and such?

"Ignorance of the Law is no excuse."

darkgael
May 6, 2009, 08:49 PM
New York, I believe. And New Jersey, too.

tulsamal
May 6, 2009, 09:00 PM
Oklahoma is very restrictive about open carry if I recall correctly. Concealed with a permit is fine, just not open.

You got that right. I _thought_ it was OK to open carry when walking dirt roads far from any town. The deputy sheriff put me face down in the gravel while pointing his Glock at me for it. His way of showing me the error of my ways. I was about 75 yards from my house and ten feet from my fenceline. Didn't matter! As you might guess, I'm still mad about it!!

The whole gory story is here: http://www.falfiles.com/forums/showthread.php?s=&threadid=80795

Gregg

pendennis
May 6, 2009, 09:12 PM
Michigan and Kentucky both allow open carry. It doesn't mean you won't get stopped by the cops, however.

OldMarksman
May 6, 2009, 09:18 PM
Up to local governments in MO, and illegal in most populous counties. There is no central reference file.

Mello2u
May 6, 2009, 09:19 PM
http://opencarry.org/

This site might have the info you are looking for.

From their map, it looks like you would have trouble in over half of the states.

RevDerb
May 6, 2009, 10:03 PM
Remember if you are open carrying without a CCW, as soon as you enter a vehicle with an open carried handgun, it becomes concealed and therefore belongs unloaded and in the trunk.

fast-eddie
May 6, 2009, 10:52 PM
In Washington State it's legal. Vancouver, Wa and serounding counties.

FrontSight
May 6, 2009, 10:57 PM
NY & NJ you will be shot on sight by police

Cerick
May 6, 2009, 11:02 PM
Dont even think of carrying open or concealed in NY or NJ. Cant have it loaded in your car either. Must be seperate from ammunition. www.usacarry.com good site with interactive maps that tell you where you can and cant carry.

Stuohn
May 6, 2009, 11:21 PM
Texas does have a "traveling" law that allows one to carry in your automobile. However some municipalities (Houston for example) choose to ignore this law.

wdelack- If your talking about HB 823 (your supposed to be able to carry concealed in your vehicle while "traveling") but, no one explained/defined what traveling actually meant. Then it is obsolete because the penal code for unlawful carry of a firearm was changed September 2008.

Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:

(1) on the person's own premises or premises under the person's control; or

(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.

(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:

(1) the handgun is in plain view; or

(2) the person is:

(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;

(B) prohibited by law from possessing a firearm; or

(C) a member of a criminal street gang, as defined by Section 71.01.

(a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.

(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.

(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.

As for the OP Texas & Illinois do not allow open carry.

jdscholer
May 6, 2009, 11:27 PM
Forget about California. jd

intheburbs
May 6, 2009, 11:40 PM
In Michigan, if you are open carrying as you walk down the street (which is legal and cannot be preempted by local municipalities), then get into a car, you are now carrying concealed and better have a permit. If you don't have a permit to carry concealed, the gun must be unloaded and cased and inaccessible by passengers, blah, blah, blah.

Might want to check other states on that.

knight0334
May 7, 2009, 09:58 AM
If you venture into PA, unlicensed OC is legal on foot, except you need a LTCF or a reciprocal license to OC or CC in a City of the First Class(Philly).

To have a "firearm" (handgun , SBS, SBR) in a vehicle whether loaded or not while in PA - you have to have a LTCF or a license from ANY state. If you are passing through PA in a direct manner, you can do so unlicensed under the FOPA provisions. Travel off the beaten path and state laws will apply.

moga
May 7, 2009, 10:23 AM
In Georgia I think it is up to the individual municipalities as to if you can open carry. Also I believe its illegal in Illinois. Have a good time though.

I'd like to point out that this is entirely untrue. Firearms legislation is preempted in Georgia by state law. Local municipalities are not permitted to make up rules regarding gun ownership or carry that must be followed in their municipal areas separate from those laws passed in the General Assembly. Open carry is perfectly legal all across Georgia. Many, many people open carry every day in the peach state, including in the city of Atlanta.

In addition to the states that have been identified by others, I'm equally positive that OC is NOT allowed in FL by a licensed carrier.

BlueTrain
May 7, 2009, 10:26 AM
Judging from the map of the open carry states, California is more liberal than Texas, but you expected that, didn't you.

AirForceShooter
May 7, 2009, 10:54 AM
Florida , believe it or not.

AFS

NGIB
May 7, 2009, 11:00 AM
I'd like to point out that this is entirely untrue. Firearms legislation is preempted in Georgia by state law. Local municipalities are not permitted to make up rules regarding gun ownership or carry that must be followed in their municipal areas separate from those laws passed in the General Assembly. Open carry is perfectly legal all across Georgia. Many, many people open carry every day in the peach state, including in the city of Atlanta.

In addition to the states that have been identified by others, I'm equally positive that OC is NOT allowed in FL by a licensed carrier.


Open carry in GA is only allowed if you possess a Georgia Firearms License (what we call a CWP, CCP, etc). My daughter lives in FL and open carry is not allowed there - you can get busted if your CC prints...

moga
May 7, 2009, 11:16 AM
Well, hello there fellow GPer. Thanks for pointing out that little tidbit about the GFL. That may not have been clear to some people otherwise. By drawing out the differences between Georgia's laws and those of the state of FL that doesn't allow OC, even when the carrier has a license, I thought it would convey that licensure is assumed in both cases.

Speaking of which, I'm nearly in need of renewing my FL CHP.

PhoenixConflagration
May 7, 2009, 02:27 PM
Not that I'm a fan of open carry, but I sure wish Florida were more lenient about printing. I've not had any problems, and my rig conceals well, but I sure wish I didn't have to be worried about grabbing stuff from the bottom shelf at the store. (I know, an LCP or a PM9 would fix that, but why should I have to buy a different gun just because they want people to be ashamed that they protect themselves.)

AirForceShooter
May 7, 2009, 02:50 PM
I've never heard Florida is real picky about printing.
I know I've printed. Reported? Guess not.

AFS

NavyLT
May 7, 2009, 03:04 PM
Remember if you are open carrying without a CCW, as soon as you enter a vehicle with an open carried handgun, it becomes concealed and therefore belongs unloaded and in the trunk.

That depends entirely upon state law and, as such, varies from state to state.

Hkmp5sd
May 7, 2009, 03:21 PM
but I sure wish Florida were more lenient about printing.

First I've heard of it.

PhoenixConflagration
May 7, 2009, 04:16 PM
It's not so much that they are picky about enforcing it as much as the way the statute is written, they can be.

Crankylove
May 7, 2009, 10:18 PM
In Utah, open carry of a loaded firearm is illegal........however, you can open carry an unloaded firearm without breaking the law....but whats the point in doing that?

RamSlammer
May 7, 2009, 10:45 PM
Not legal in Arkansas except for hunting during hunting season and on your own land.

mrsleeve
May 8, 2009, 12:25 AM
Tis legal in Montana other than banks bars and Govt buildings. I would not OC in my area (Kalispell) to may CA imports and tourists that call in the dreaded MAN WITH GUN. .

Even CCW is ok with no permit as long as its not in town or rail/logging camps have to have a permit for there.

stargazer65
May 8, 2009, 06:04 AM
NY & NJ you will be shot on sight by police:eek:

Is that essentially true, or just an exageration?

treg
May 8, 2009, 07:29 AM
Not legal in Arkansas except for hunting during hunting season

There are several species open year round in my state. :D

SMITH910
May 8, 2009, 10:02 AM
Legal in WI, was on the front page last week. However the cops will question you and make you feel like a criminal.

zxcvbob
May 8, 2009, 10:12 AM
Legal in WI, was on the front page last week. However the cops will question you and make you feel like a criminal.Didn't the Milwaukee police chief recently say he didn't care if it was legal or not, he would have you arrested anyway?

twinkie
May 18, 2009, 09:16 PM
FWIW I just completed my CCW class last weekend. According to the instructor there are only two states you can legally "open carry".....Arizona and Alaska.

Al Norris
May 18, 2009, 09:21 PM
Just Arizona and Alaska?

Your instructor needs to update his list.

Just off the top of my head: Virginia; Idaho; Wyoming; Montana; Vermont, and New Hampshire.

There are most likely others, where no license is required.

hogdogs
May 18, 2009, 11:18 PM
Florida is not an OC state but for the vehicle we do not need a CCP, no restriction as to where it may be carried nor condition of ready with the exceptions that it may not be concealed on the person without a permit nor in view of the passerby. It may be on any floorboard or in any storage compartment in any state of ready.
Brent

rwilson452
May 19, 2009, 06:09 AM
For more info on PA firearms carry go to pafoa.org

jhco50
May 19, 2009, 10:53 AM
Colorado and I'm pretty sure Wyoming.

Housezealot
May 19, 2009, 11:11 AM
It's illegal in Texas...unless you're on your own property, out hunting or a comissioned security officer on duty
wow am I suprised by that, I thought texas was very gun freindly.

NavyLT
May 19, 2009, 03:04 PM
Colorado and I'm pretty sure Wyoming.

Open carry is LEGAL in BOTH Colorado and Wyoming!