Conceal carry of a rifle/SBR

dakota.potts · February 23, 2015, 02:59 AM

Looking into a state I will be moving to soon and see that they have some interesting definitions about the carrying of weapons.

To start with, handguns:
""Handgun" means any firearm designed to expel a projectile and designed to be fired from the hand, but shall not include any firearm generally recognized or classified as an antique, curiosity, or collector's item, or any that does not fire fixed cartridges."
To my understanding, this would say that a rifle, even short barreled is not a handgun because it is designed to be fired from the shoulder and not the hand. The only other definition would make any gun or even a crossbow a "handgun".

Next they state
It is unlawful for anyone to carry about the person any handgun, whether concealed or not, except as follows, unless otherwise specifically prohibited by law:

There is another part later that touches on concealed "weapons"
(A) A person carrying a deadly weapon usually used for the infliction of personal injury concealed about his person is guilty of a misdemeanor, must forfeit to the county, or, if convicted in a municipal court, to the municipality, the concealed weapon, and must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned not less than thirty days nor more than ninety days.

And in that same section it says
(C) The provisions of this section also do not apply to rifles, shotguns, dirks, slingshots, metal knuckles, knives, or razors unless they are used with the intent to commit a crime or in furtherance of a crime.

So what I am gathering from all of this is that it's illegal to carry a handgun without a permit, but that the carrying of long arms is not regulated either open or concealed.

Does this seem to mean that it would be legal to conceal carry a long gun in this state?

Open carry would be an option, but I personally never liked the idea of openly carrying a long arm. I wouldn't want to draw that kind of attention.

This brings up the point that even a 16" folder is difficult to conceal and more difficult to draw effectively, so the next logical step is to ask about a registered SBR. I don't see anything in there that would prohibit the carrying of a short barreled rifle. The state allows possession of them by anybody that is authorized to possess them by the ATF.

As to why: Carry outside of a permit restriction. People who can't get a concealed carry permit in some states will cary long guns (Texas for instance) but I consider them pretty much useless for self defense and I consider the social disadvantages of openly carrying a long gun to negate most of the benefit.

However, a concealable (registered) rifle package that could be carried under a jacket or something seems like the next best thing for somebody who can't carry a normal handgun.

I am aware too of the opinion on having to use something like that for self defense and what it would look like in court, but I am curious on the legality of it.

hartcreek · February 23, 2015, 07:18 AM

"A person carrying a deadly weapon usually used for the infliction of personal injury "

That statute is a mess in the first place but what is a deadly weapon usually used for the infliction of personal injury? Does that mean that you can carry a .44 Auto Mag because such is rarely carried anymore?

kilimanjaro · February 23, 2015, 12:43 PM

It means, when used during concealed carry, it is usually to inflict injury.

Don't try and parse stuff too much. It leads to things like felons carrying black powder revolvers because they think it isn't a firearm. Judges love to educate street lawyers.

dakota.potts · February 23, 2015, 01:00 PM

This is true, but being that it explicitly says rifles are not included in the concealed weapons clause, it seems pretty clear to me. I know some groups there have started openly carrying them

Glenn E. Meyer · February 23, 2015, 01:52 PM

While an interesting legal conjecture, it is a silly thing to ever contemplate doing.

Closed as such.

February 23, 2015, 02:59 AM	#1
dakota.potts Senior Member Join Date: February 25, 2013 Location: Keystone Heights, Florida Posts: 3,084	Conceal carry of a rifle/SBR Looking into a state I will be moving to soon and see that they have some interesting definitions about the carrying of weapons. To start with, handguns: ""Handgun" means any firearm designed to expel a projectile and designed to be fired from the hand, but shall not include any firearm generally recognized or classified as an antique, curiosity, or collector's item, or any that does not fire fixed cartridges." To my understanding, this would say that a rifle, even short barreled is not a handgun because it is designed to be fired from the shoulder and not the hand. The only other definition would make any gun or even a crossbow a "handgun". Next they state It is unlawful for anyone to carry about the person any handgun, whether concealed or not, except as follows, unless otherwise specifically prohibited by law: There is another part later that touches on concealed "weapons" (A) A person carrying a deadly weapon usually used for the infliction of personal injury concealed about his person is guilty of a misdemeanor, must forfeit to the county, or, if convicted in a municipal court, to the municipality, the concealed weapon, and must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned not less than thirty days nor more than ninety days. And in that same section it says (C) The provisions of this section also do not apply to rifles, shotguns, dirks, slingshots, metal knuckles, knives, or razors unless they are used with the intent to commit a crime or in furtherance of a crime. So what I am gathering from all of this is that it's illegal to carry a handgun without a permit, but that the carrying of long arms is not regulated either open or concealed. Does this seem to mean that it would be legal to conceal carry a long gun in this state? Open carry would be an option, but I personally never liked the idea of openly carrying a long arm. I wouldn't want to draw that kind of attention. This brings up the point that even a 16" folder is difficult to conceal and more difficult to draw effectively, so the next logical step is to ask about a registered SBR. I don't see anything in there that would prohibit the carrying of a short barreled rifle. The state allows possession of them by anybody that is authorized to possess them by the ATF. As to why: Carry outside of a permit restriction. People who can't get a concealed carry permit in some states will cary long guns (Texas for instance) but I consider them pretty much useless for self defense and I consider the social disadvantages of openly carrying a long gun to negate most of the benefit. However, a concealable (registered) rifle package that could be carried under a jacket or something seems like the next best thing for somebody who can't carry a normal handgun. I am aware too of the opinion on having to use something like that for self defense and what it would look like in court, but I am curious on the legality of it. __________________ Certified Gunsmith (On Hiatus) Certified Armorer - H&K and Glock Among Others You can find my writings at my website, pottsprecision.com.

February 23, 2015, 01:00 PM	#4
dakota.potts Senior Member Join Date: February 25, 2013 Location: Keystone Heights, Florida Posts: 3,084	This is true, but being that it explicitly says rifles are not included in the concealed weapons clause, it seems pretty clear to me. I know some groups there have started openly carrying them __________________ Certified Gunsmith (On Hiatus) Certified Armorer - H&K and Glock Among Others You can find my writings at my website, pottsprecision.com.

February 23, 2015, 01:52 PM	#5
Glenn E. Meyer Senior Member Join Date: November 17, 2000 Posts: 20,064	While an interesting legal conjecture, it is a silly thing to ever contemplate doing. Closed as such. __________________ NRA, TSRA, IDPA, NTI, Polite Soc. - Aux Armes, Citoyens

February 23, 2015, 07:18 AM	#2
hartcreek Junior member Join Date: April 22, 2014 Location: Washington Posts: 1,549	"A person carrying a deadly weapon usually used for the infliction of personal injury " That statute is a mess in the first place but what is a deadly weapon usually used for the infliction of personal injury? Does that mean that you can carry a .44 Auto Mag because such is rarely carried anymore?

February 23, 2015, 12:43 PM	#3
kilimanjaro Senior Member Join Date: November 23, 2009 Posts: 3,963	It means, when used during concealed carry, it is usually to inflict injury. Don't try and parse stuff too much. It leads to things like felons carrying black powder revolvers because they think it isn't a firearm. Judges love to educate street lawyers.