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For anyone who knows?

Discussion in 'Legal' started by Vector, Apr 13, 2013.

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  1. Vector

    Vector Member

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    I assume it varies from state to state, but my state allows concealed carry with a license. However open carry is not an option.
    Now my state is on most others for being reciprocal in that I can carry in those states(with exceptions based on that states more stringent requirements), and other people from their respective states can carry concealed in mine.
    My question is, if I were to be in a state that allows both OC & CC, would I be allowed to OC even though my CCW is only for CC in my state? I assume the answer would be yes, but I would like to find out if most states have any differentiation when dealing with a CCW from a reciprocal state.

    I ask because when I travel in the future, I'd like to OC, even though I feel more comfortable with CC.
    The reason is that I have a new perspective, that being that the general public needs to be desensitized to regular citizens carrying guns and seeing the world not coming to an end.
    More on this philosophy of desensitization in my thread located here;

    http://www.thehighroad.org/showthread.php?t=710748


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  2. montanaoffroader

    montanaoffroader Member

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    Here in Montana as long as you are not a 'prohibited person' and are at least 14 years old, you are legal to open carry. There are a few restrictions, Federal and local but you do not have to be a resident. If you are under 14 you must be accompanied by a parent or other responsible adult designated by a parent/guardian.
     
  3. hso

    hso Moderator Staff Member

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    My understanding is that the most restrictive of the two applies.
     
  4. Sam1911

    Sam1911 Moderator

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    You are bound by the law of the state in which you are standing. I've never read of a single state (State "A") who's reciprocity agreement either grants a recognized state's (State "B") permit holder any MORE rights to carry than the citizens of State A are granted, nor any less.

    In other words, if you live in North Carolina and have your NC carry permit, you can't carry in a bar or restaurant, university, place where admission is charged for entry, funeral procession, etc in NC. My PA LTCF grants me the right to carry in NC, but not in any of those places -- even though every one of them would be perfectly legal in PA.

    A NC guy coming to PA is not restricted to only carrying in places where he could carry in NC. He can join me in a bar on a university campus, even if they're charging a cover that night ... for a funeral! ... if he wants to! :)

    Similarly with OC. Most states where OC is legal have no restrictions on who may engage in it. But absent a law that says OC is only legal for residents, then the same law would apply to you as applies to everyone else. For example, in PA it would be lawful for you to OC, just as it is lawful for ME ot OC. No permit or license needed (except in Philly).

    If you were to carry in a car, that's considered concealed, so you need a license to do so, but any carry license from any state (reciprocated with PA or not) is good enough for car carry.
     
  5. Vector

    Vector Member

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    Well lets take your state of Florida where it is CC, and GA which is OC. I assume you cannot CC in GA, only OC?

    Now in states that are listed as Gold Star OC, what does that mean? Are they allowing any citizen, carry permit or not to OC? If so, are they one of these states that say the gun cannot be loaded?
     
  6. zoom6zoom

    zoom6zoom Member

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    You follow the laws of the state you're in. Look at it this way.... speed limit is 70 in Virginia; doesn't mean I can drive that fast in a state that maxes out their limit at 65.
     
  7. Frank Ettin

    Frank Ettin Moderator

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    It's still a matter of being subject to the laws of the State you're in.

    Reciprocity basically means that your permits from another State is recognized as a valid permit by another State. And that basically means that as a non-resident you're subject to the same rules that apply to residents with a local permit.
     
  8. F-111 John

    F-111 John Member

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    Once again, Sam and Frank have it right. You're subject to the laws of the state you in, end of story. It is the laws of that state you're in that recognizes the CCW issued to you by your home state. It is the laws of the state you're in that dictates if and under what circumstances you can open carry.

    I know of no law in any state that allows open carry for the residents of their state, but expressly prohibits open carry for persons in the state who are legal residents of another state.

    Remember, there is not usually a law that allows open carry, there are laws that restrict open carry.
     
  9. MasterSergeantA

    MasterSergeantA Member

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    You can openly carry a weapon in Arizona...period. You can carry a weapon concealed in Arizona...period. We don't care what state you call home. If you are not a "prohibited person", we don't care if you carry or how. The constitution (both US and AZ) allows you to "keep and bear arms".
     
  10. NavyLCDR

    NavyLCDR member

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    It violates Federal law, 18 USC 922(x), for a person less than 18 years to carry a loaded handgun, except in very limited circumstances.
     
  11. NavyLCDR

    NavyLCDR member

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    Actually, Oklahoma is one state that has different laws for non-residents. Unless you have an Oklahoma license, you can only carry concealed with a recognized out of state license - or if you are from a state that does not require a license. Oklahoma residents with an Oklahoma license can carry open or concealed.
     
  12. Sam1911

    Sam1911 Moderator

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    Now that you mention it, I think I fuzzily remember something similar about WV, though I'd have to double check that one.

    Hence, while it may be generally true to say OC is allowed via reciprocity in most states, the actual law of the state you're standing in prevails. Know the law!
     
  13. NavyLCDR

    NavyLCDR member

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    18 USC 922 (q)(2). It's illegal to carry a loaded gun (open or concealed) within 1000' of school premises, except on private property, while hunting with the school's permission, or unless licensed to do so by the same state the school zone is located in. Reciprocity does not count. There is a published opinion letter by the ATF that states their opinion as well that reciprocity does not count.
     
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