does your state allow the open carry of firearms?

[freefalle 0]

I live in Florida. Florida is a shall issue state for concealed weapons permits. However, there is a movement in Florida to restore the right to "open" carry firearms.

Was just wondering what others thought of this issue. I have a CWP I carry a weapon daily. That being said, I don't know that I would openly carry a firearm however it would be nice to have the option. Moreover, it would be nice not to have to worry about someone calling the cops and getting arrested for "brandishing a firearm" if my weapon became exposed while reaching for the top self at wally world or bending down to tie my shoe at the mall.

Thoughts?

[mnealtx 0]

Quote

I live in Florida. Florida is a shall issue state for concealed weapons permits. However, there is a movement in Florida to restore the right to "open" carry firearms.

Was just wondering what others thought of this issue. I have a CWP I carry a weapon daily. That being said, I don't know that I would openly carry a firearm however it would be nice to have the option. Moreover, it would be nice not to have to worry about someone calling the cops and getting arrested for "brandishing a firearm" if my weapon became exposed while reaching for the top self at wally world or bending down to tie my shoe at the mall.

Thoughts?

I don't think *accidental* exposure of the handgun/holster like that should be counted as brandishing.

Mike
I love you, Shannon and Jim.
POPS 9708 , SCR 14706

[freefalle 0]

it shouldn't be but there are cases where people have been arrested for it.

[mnealtx 0]

Quote

it shouldn't be but there are cases where people have been arrested for it.

Yes, I'm aware - Texas has a brandishing law.

Mike
I love you, Shannon and Jim.
POPS 9708 , SCR 14706

[rhaig 0]

Quote

Quote

I live in Florida. Florida is a shall issue state for concealed weapons permits. However, there is a movement in Florida to restore the right to "open" carry firearms.

Was just wondering what others thought of this issue. I have a CWP I carry a weapon daily. That being said, I don't know that I would openly carry a firearm however it would be nice to have the option. Moreover, it would be nice not to have to worry about someone calling the cops and getting arrested for "brandishing a firearm" if my weapon became exposed while reaching for the top self at wally world or bending down to tie my shoe at the mall.

Thoughts?

I don't think *accidental* exposure of the handgun/holster like that should be counted as brandishing.

It's been determined in TX that accidental exposure is not brandishing.

I feel the same though. I carry concealed (licensed) frequently (not daily) but don't think I would open carry.

edit to add...

TX also has an open carry bill in queue. from what I've heard through some lobbyist friends, it's expected to pass.

--
Rob

[mnealtx 0]

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It's been determined in TX that accidental exposure is not brandishing.

Unfortunately, no.

"Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun."

While I know the statute says "intentionally fails", that's what they get you on - you're taught in the CHL class that it MUST be concealed at all times, so any exposure must be deliberate.

If you have a link to any case where it's been overturned, I'd love to see it.

Mike
I love you, Shannon and Jim.
POPS 9708 , SCR 14706

[scruffy 0]

I concealed carry in Georgia daily, where it is legal with my GFL to open carry should I elect to. I choose not to. Just as I want others to respect my right to defend myself if (knock on wood it doesn't) the time comes, I want to respect others inclinations towards firearms.

I know full well, as I go to school as work with some of them, that there are individuals in this country that have a huge fear of guns based on their experiences or preconceived notions.Whether the fear is irrational or not, I don't understand why anyone would want to exacerbate that fear by presenting them with a firearm while they are sitting down to a latte.

I think open carry only further polarizes an already contentious issue in our country. I see concealed carry as the perfect middle ground. I can satisfy my objective of possessing the means to self defense, and those who would be horrified if they knew I was carrying sitting next to them can go about their merry way none the wiser.

Peace, love and hoppiness

[rhaig 0]

I'll make a couple of calls. It was a discussion with a police officer and a firearms instructor over beer.

the discussion was around the meaning of "intentionally fails to conceal" meaning "intentional exposure". I think "intentionally" was recently (a couple of years ago) added.

One of them (I don't recall who at the moment) had said there was a letter from the DPS that went out to instructors.

I'll see what I can find.

--
Rob

[mnealtx 0]

Thanks!

Mike
I love you, Shannon and Jim.
POPS 9708 , SCR 14706

[kawisixer01 0]

Open carry is the ONLY way to currenty legally carry in Wisconsin. I do so regularly and have been harrassed by the police multiple times and even proned out once. All for following the law to the letter as specified by our ex governer and our state attorney general. Our senate and house passed concealed carry twice but the governer vetoed it even after a statewide advisory referendum overwhelmingly supported CC. We now have a new governer.

[LongWayToFall 0]

I am sure you mean loaded open carry. In California, you can open carry but it must be unloaded, and you better be prepared for some shit too hahaha.

Are there any states which do not allow unloaded open carry? I don't see how this is possible really, I mean walking to your car from a gun shop would be considered open carry...

I used to live in AZ, and open carry was semi-common, and CWPs were VERY easy to get a hold of. No special requirements like CA.

[Southern_Man 0]

There is open carry in VA.

"What if there were no hypothetical questions?"

[piisfish 135]

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I don't see how this is possible really, I mean walking to your car from a gun shop would be considered open carry...

brown paper bag ??
or some other kind of carrying case/bag

scissors beat paper, paper beat rock, rock beat wingsuit - KarlM

[david3 0]

Quote

I live in Florida. Florida is a shall issue state for concealed weapons permits. However, there is a movement in Florida to restore the right to "open" carry firearms.

Was just wondering what others thought of this issue. I have a CWP I carry a weapon daily. That being said, I don't know that I would openly carry a firearm however it would be nice to have the option. Moreover, it would be nice not to have to worry about someone calling the cops and getting arrested for "brandishing a firearm" if my weapon became exposed while reaching for the top self at wally world or bending down to tie my shoe at the mall.

Thoughts?

Open Carry Firearm States List and Descriptions (As of August 18, 2009)
http://www.associatedcontent.com/article/2076953/open_carry_firearm_states_list_and.html

Edit to add:
Pennsylvania does allow open carry but I have a License to Carry Firearms in Pennsylvania and suspect I would catch a lot of shit if I carried openly.
http://paopencarry.org/pdfs/Pennsylvania_Gun_Rights.pdf

.

[skydivr 0]

I am not a fan of open carry; just tells the bad guys who to aim at first.....
No need to intenionally incite those who don't like/fear guns, until it's time to use them.

Keith Abner
D-17590

"Those who do, can't explain; those who don't, can't understand"

[kawisixer01 0]

Quote

I am sure you mean loaded open carry. In California, you can open carry but it must be unloaded, and you better be prepared for some shit too hahaha.

Are there any states which do not allow unloaded open carry? I don't see how this is possible really, I mean walking to your car from a gun shop would be considered open carry...

I used to live in AZ, and open carry was semi-common, and CWPs were VERY easy to get a hold of. No special requirements like CA.

We are loaded open carry. You'd be amazed the amount of people that have no clue of the laws, but love to spout their ignorance for all to listen. I'm amazed how many times I've been told "you can't carry loaded', or been asked for my "permit" that doesn't exist.

[rhaig 0]

perfectly legal here to open carry long guns. I know a guy who when he found this out, put his AK on his back (slung, unloaded) and hopped on his motorcycle. He pulled up at a light, and a cop pulled up next to him, looked at him, shook his head, and drove off when the light turned.

same guy asked me if I wanted to have a picnic at the state capitol with AK's slung across our backs. I declined his invite, but offered to video the whole thing for him.

--
Rob

[masterrig 1]

Quote

Quote

I don't see how this is possible really, I mean walking to your car from a gun shop would be considered open carry...

brown paper bag ??
or some other kind of carrying case/bag

Are you referring to a gun or a jug of whiskey?


Chuck

[masterrig 1]

Just my opinion... I don't think, in this day and age, it'd be too wise to openly carry a pistol. Whether there is a law in favor of it or not, People would see the pistol and go into a panic. Police would be all over you and bottom line... this ain't Dodge City.


Chuck

[firemedic 7]

Quote

I am not a fan of open carry; just tells the bad guys who to aim at first.....
Or perhaps to not do whatever evil they had on their
mind

Edit to add:

South Carolina doesn't allow open carry. If allowed I would. Summers here are miserably humid and I would love to be able to carry with a tank top or t shirt.

[rhaig 0]

got off the phone with my instructor friend. He told me that when he was at a DPS seminar on changes in the carry laws it was discussed and the DPS official (don't have a name) leading the discussion said that accidental exposure would not constitute brandishing. Though the police might get called, and it would be officer discretion on what was accidental or not. If the officer felt it was not accidental, then it would be brandishing, and the judge could decide the rest.

None of this changes the recommendation to remain concealed at all times. But it should ease concerns over accidental exposure. (which oddly enough I did last night at a restaurant, but either nobody saw, or nobody cared)

--
Rob

[davjohns 1]

Alabama law requires a permit for concealed carry or carry in an automobile.

There was an Attorney General opinion under Charles Graddick that said open carry is perfectly legal in Alabama.

I carried open in downtown Birmingham from the car lot to the law office and back for years. People told me from time to time that they liked it. Made them feel safe.

Some states might pretend that open carry is disturbing the peace depending on local constabulary feelings on the matter.

I know it just wouldnt be right to kill all the stupid people that we meet..

But do you think it would be appropriate to just remove all of the warning labels and let nature take its course.

[mnealtx 0]

Appreciate the follow up.

No offense to your friend, but officer discretion doesn't ease concerns at all. Oh well - hopefully they'll get an actual change to the law pushed through at some point.

Mike
I love you, Shannon and Jim.
POPS 9708 , SCR 14706

[rhaig 0]

well, the law already reads that way.

intentional failure to conceal is an offense. intentional failure to conceal means intentional exposure. the point comes down to the classic "you might beat the rap, but you won't beat the ride". Face it, in the field, it's always officer's discretion.

yeah, they might change it to read "unintentional failure to conceal is not an offense", but that's not how laws are written. They define offenses. Not every possible non-offense case. That's what case law is.

--
Rob

[david3 0]

Quote

Alabama law requires a permit for concealed carry or carry in an automobile.

There was an Attorney General opinion under Charles Graddick that said open carry is perfectly legal in Alabama.

I carried open in downtown Birmingham from the car lot to the law office and back for years. People told me from time to time that they liked it. Made them feel safe.

Some states might pretend that open carry is disturbing the peace depending on local constabulary feelings on the matter.

Were the people that told you “they liked it. Made them feel safe.”, people that knew you? Even people who might not know you might feel safe seeing someone openly carry if it is the “right” person.

.