CCW in different states?


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Vector
May 15, 2011, 11:36 PM
I have a concealed carry for Florida. I know there are other states that have reciprocal agreements to where my license is good in their state. My question is what about states like Texas that have open carry. Must I carry open, or can I carry concealed. What about someone from Texas visiting Florida, what do they need to do?

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kingpin008
May 16, 2011, 12:08 AM
All the info you could ever want: http://www.handgunlaw.us/

Kleanbore
May 16, 2011, 12:23 AM
My question is what about states like Texas that have open carry.Open carry has not been permittted in Texas except on one's own property, or while lawfully hunting game, since some time in the nineteenth century.

Your license is good in Missouri for concealed carry. Local laws against open carry are not preempted by state law, and there is no ready means of finding where they apply.

NavyLCDR
May 16, 2011, 12:30 AM
The laws of the state you are standing in applies while you are there. Your home state laws have no affect outside your home state.

www.handgunlaw.us has a link that will tell you what states honor the Florida permit. When in Texas, you are subject to Texas laws. A Texan who is present in Florida is subject to Florida laws when in Florida.

In all except very limited circumstances, open carry is illegal in Texas, just like in Florida. If you came to Washington, you would have the option of open carrying or concealed carrying, because WA recognizes the FL permit making concealed carry legal, and WA law allows for open carry with no permit at all required, and Florida law requiring concealment has no affect in Washington.

Vector
May 16, 2011, 02:22 AM
I must be mistaken about Texas, but if I were in a state that allowed only allowed its citizens open carry, must I do the same or can I carry concealed if they allow my ccw?

Sam1911
May 16, 2011, 08:22 AM
but if I were in a state that allowed only allowed its citizens open carry, must I do the same or can I carry concealed if they allow my ccw?

First, you'd have to pick a specific state so we could read the actual law in question and see what it says.

On the face of it, your question is still answered by NavyLT above: If you are standing in State "A" then the laws of State "A" are what apply. If you home-state CCW is recognized by State "A," that generally gets you the same privileges that a resident of State "A" would have with their own CCW license or permit.

If the residents of State "A" can only carry on Tuesday, in a bucket, and when it's raining, then when you are in State "A" you can only carry on Tuesday, in a bucket, and when it's raining.

NavyLCDR
May 16, 2011, 09:13 AM
^^^^^ Yep, even in a National Park! :D

MachIVshooter
May 16, 2011, 03:24 PM
Local laws against open carry are not preempted by state law, and there is no ready means of finding where they apply

I couldn't tell if you were still talking about MS for this parts, but in CO, state law does preempt any local governments from enacting laws stricter than state (which means Federal). The exception is Denver, which has a ban on OC and an AWB for residents of the city only.

Vector
May 16, 2011, 06:51 PM
First, you'd have to pick a specific state so we could read the actual law in question and see what it says.

On the face of it, your question is still answered by NavyLT above: If you are standing in State "A" then the laws of State "A" are what apply. If you home-state CCW is recognized by State "A," that generally gets you the same privileges that a resident of State "A" would have with their own CCW license or permit.

If the residents of State "A" can only carry on Tuesday, in a bucket, and when it's raining, then when you are in State "A" you can only carry on Tuesday, in a bucket, and when it's raining.

I see what you are saying. It just adds to the overall frustration many of us law abiding citizens encounter when traveling to different states, and even cities within those states. For instance I drove from CA to FL and passed through many states along the way. From the way I read the various laws just regarding legal transport, much less concealed carry, I'd have to alter the way I transported a handgun several times to be in strict compliance. That of course says nothing about how the firearm would be unloaded and out of reach if I needed it for self protection. I never travel in a car long distances without a firearm, and the thought of needing to have it while locked in my trunk, unloaded in certain states seems absurd, especially having a CCW.
Presumably a couple of the states would allow me to have it on my person even while driving if they reciprocate with FL CCW, but I would be wrong based on what you said about the bucket on Tuesday in the rain. Clearly FL allows transport via car on ones person if they have a CCW, where other states either do not, or are not specific.
I am all for state rights and like the fact it gives us a choice on how we want to live. If someone does not like all the laws of a particular state like CA, they are free to go elsewhere. The trouble with all these different guns laws effects law abiding travelers while passing through, much less staying for a few days or more.

I also wonder how the laws views a mobile home vs. a car. Wouldn't someone who's actual home is the motorhome be entitled to greater rights as to storage and access vs. someone in a car?

Sam1911
May 16, 2011, 07:03 PM
I see what you are saying. It just adds to the overall frustration many of us law abiding citizens encounter when traveling to different states, and even cities within those states.Uh, yeah. No kidding.

From the way I read the various laws just regarding legal transport, much less concealed carry, I'd have to alter the way I transported a handgun several times to be in strict compliance.Well, no, technically it doesn't. If you pack your gun and ammo in accordance with the Safe Passage provision of the Firearm Owners' Protection Act of 1986 (FOPA (http://en.wikipedia.org/wiki/Firearm_Owners_Protection_Act)) you may pass through any state while on a journey from somewhere you're allowed to posses that gun to somewhere else where you're allowed to posses that gun without regard to laws that are more strict in some states you might pass through.

That of course says nothing about how the firearm would be unloaded and out of reach if I needed it for self protection.Yes. That is the basic provision of the Safe Passage provision. Unloaded and inaccessible to the driver.

I never travel in a car long distances without a firearm, and the thought of needing to have it while locked in my trunk, unloaded in certain states seems absurd, especially having a CCW. Of course.

Presumably a couple of the states would allow me to have it on my person even while driving if they reciprocate with FL CCW, but I would be wrong based on what you said about the bucket on Tuesday in the rain.Actually, is isn't nearly so bad as all that. When planning a trip, go to www.handgunlaw.us and print out the document for each state you'll be passing through. As you approach each state, read over them and see if there's anything different from the laws you normally have to follow. Usually they are fairly consistent. The biggest differences will be things like whether you may open carry, whether you have to notify a police officer if stopped, and which areas in that state may be off-limits. The vast majority of the states that allow some form of concealed carry have no problem at all with you having your weapon with you while driving a car. In fact, I can't think of one that issues a permit (or allows carry without it) that DOESN'T allow you to have it with you when driving.

Clearly FL allows transport via car on ones person if they have a CCW, where other states either do not, or are not specific. Again, which states that you CAN carry concealed in DON'T allow you to have it with you in the car? I've never heard of that before, ever.

I also wonder how the laws views a mobile home vs. a car. Wouldn't someone who's actual home is the motor-home be entitled to greater rights as to storage and access vs. someone in a car? Again, it is dependent on state laws, but generally in your motor home, when parked and set up as your residence (or domicile) you are not considered to be carrying a concealed weapon in public.

But, if you have your carry permit anyway -- and it is recognized by the state you're in -- that shouldn't make any difference.

Sam1911
May 16, 2011, 07:17 PM
I may have confused the point with my "in a bucket and if it's raining" analogy.

The problem is usually a little simpler: For example, folks who are used to being able to patronize a bar or restaurant with a liquor license while carrying in their home state, but CAN'T enter the premises, or at least parts of the premises, of a restaurant that serves alcohol when in a neighboring state. If I'm in Pittsburgh and sit down to a beer and a burger, that's great. If I drive an hour or so away and do the same thing in Ohio, that's bad BAD news.

Or, say I want to stop by the local Sheriff's office or Police Station -- here in PA I have no problem -- across the line in OH, that's a no-no if I don't disarm first.

Or, I'm pulled over in PA for speeding -- take my ticket and be on my way. In OH, I have a very few seconds in which to announce to the officer that I'm carrying a gun or I risk a very serious crime.

It is a hassle, but a relatively small one. In some states the speed limit is set at 55. In some it's 75. In UT, there are segments set at 80. Most people seem to be able to get along -- check the signs (or in this case, the laws) and follow instructions. :)

Vector
May 16, 2011, 07:20 PM
In fact, I can't think of one that issues a permit (or allows carry without it) that DOESN'T allow you to have it with you when driving.

Again, which states that you CAN carry concealed in DON'T allow you to have it with you in the car? I've never heard of that before, ever.



I was trying to say have the gun concealed, loaded, on your person, while driving if you have a CCW.

Sam1911
May 16, 2011, 07:33 PM
Right. So which states DON'T allow you to have it concealed, loaded, on your person while driving if you DO have a carry permit or license they recognize.

I can't think of any. Every one I know of says if you can carry it concealed while walking down the street you can carry it while driving down the street.

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