Permitless Carry States and Those Trying Info

Discussion in 'Legal' started by Gary Slider, Jan 26, 2021.

  1. Gary Slider

    Gary Slider Member

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    Getting a lot of questions about Permitless Carry With Montana, Utah and Tennessee having bills to do just that. Not guaranteed passage but things do look promising. Other states are talking about it but haven’t put in a bill as far as I can tell. People seeing our listing and asking in an email to conform that it is correct with some even stating that Permitless Carry in XYZ State is not legal and we are going to get people thrown in jail. Have also seen this question on some firearm forums. So thought I would post some information and places to find info.

    Alaska, Arizona, Arkansas, Idaho, Kansas, Kentucky, Maine, Mississippi, Missouri, New Hampshire, Oklahoma, South Dakota, Vermont and West Virginia have “Permitless Carry.” Anyone who can legally possess a firearm may carry concealed in these states without a Permit/License

    North Dakota and Wyoming have “Permitless Carry” for their Residents only.

    Some of these states require U.S Citizenship for their Permitless Carry statute to apply and a couple have restrictions on those carrying under Permitless Carry that those with a permit don’t have. You need to check out a state if you are going to carry under Permitless Carry. You can view a listing with a short synopsis of their law for Permitless Carry and a link to that statute at
    https://handgunlaw.us/documents/Permitless_Carry_States.pdf This listing also makes each states name a link to that states page at https://www.handgunlaw.us which will give you more information. The link for Permitless Carry states is also available in the left column at https://www.handgunlaw.us

    Link for Montana Bill
    https://leg.mt.gov/bills/2021/billhtml/HB0102.htm

    Link for Tennessee Bill
    http://www.capitol.tn.gov/Bills/112/Bill/HB0018.pdf

    Link for Utah Bill
    https://le.utah.gov/~2021/bills/static/HB0060.html
     
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  2. patmccoy

    patmccoy Member

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    Montana allows concealed carry without a permit subject to the exceptions to:

    45-8-316. Carrying concealed firearms. (1) A person who carries or bears concealed upon the individual's person a firearm shall be punished by a fine not exceeding $500 or by imprisonment in the county jail for a period not exceeding 6 months, or both.

    in

    45-8-317. Exceptions. (1) Section 45-8-316 does not apply to:
    (i) a person who is outside the official boundaries of a city or town or the confines of a logging, lumbering, mining, or railroad camp or who is lawfully engaged in hunting, fishing, trapping, camping, hiking, backpacking, farming, ranching, or other outdoor activity in which weapons are often carried for recreation or protection;

    (j) the carrying of arms on one's own premises or at one's home or place of business;

    So about 95% of the state is OK for concealed carry without a permit. The proposed law would make that the entire state subject to normal court/jails/etc. It (HB102) goes to Senate floor in the near future.
     
  3. Mousegun

    Mousegun Member

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    Tennessee has been trying for years to get it past "committee" and so far it has failed miserably. Hope this time it will be different, but not holding breath.
     
  4. RETG

    RETG Member

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    ANYONE WHO CAN LEGALLY POSSESS A FIREARM (HANDGUN) in some of those states listed CANNOT LEGALLY CARRY CONCEALED! Some of those states (most in fact) allow for 18 year olds to own and posses a handgun (some even allow open carry at 18) however, NOT all the states listed allow for 18 years olds to carry concealed with or without a permit.
     
  5. JTHunter

    JTHunter Member

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    As I don't know about other states, this comment applies to Missouri only.
    While permitless carry is allowed in Missouri, it does not have "preemption" like some other states. As a result, certain municipalities (like St. Louis) still ban CC w/o a permit.
     
  6. Gary Slider

    Gary Slider Member

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    Missouri does have preemption. Anyone 18 or older that can legally possess a firearm can carry a CONCEALED Firearm anywhere in the state it is legal to carry. That includes St. Louis. As the Missouri Preemption statute below states local authorities can have no ordinance that is more strict than State Law when it comes to Concealed Carry. They can require a permit to Open Carry. But they can have no ordinance covering Concealed in any local jurisdiction.

    http://revisor.mo.gov/main/OneSection.aspx?section=21.750&bid=455&hl=

    Title III 21.750. Firearms legislation preemption by general assembly, exceptions--limitation on civil recovery against firearms or ammunitions manufacturers, when, exception.

    1. The general assembly hereby occupies and preempts the entire field of legislation touching in any way firearms, components, ammunition and supplies to the complete exclusion of any order, ordinance or regulation by any political subdivision of this state. Any existing or future orders, ordinances or regulations in this field are hereby and shall be null and void except as provided in subsection 3 of this section.

    2. No county, city, town, village, municipality, or other political subdivision of this state shall adopt any order, ordinance or regulation concerning in any way the sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permit, registration, taxation other than sales and compensating use taxes or other controls on firearms, components, ammunition, and supplies except as provided in subsection 3 of this section.

    3. (1) Except as provided in subdivision (2) of this subsection, nothing contained in this section shall
    prohibit any ordinance of any political subdivision which conforms exactly with any of the provisions
    of sections 571.010 to 571.070, with appropriate penalty provisions, or which regulates the open
    carrying of firearms readily capable of lethal use or the discharge of firearms within a jurisdiction,
    provided such ordinance complies with the provisions of section 252.243. No ordinance shall be
    construed to preclude the use of a firearm in the defense of person or property, subject to the
    provisions of chapter 563.

    (2) In any jurisdiction in which the open carrying of firearms is prohibited by ordinance, the open
    carrying of firearms shall not be prohibited in accordance with the following:

    (a) Any person with a valid concealed carry endorsement or permit who is open carrying a firearm
    shall be required to have a valid concealed carry endorsement or permit from this state, or a permit
    from another state that is recognized by this state, in his or her possession at all times;

    (b) Any person open carrying a firearm in such jurisdiction shall display his or her concealed carry
    endorsement or permit upon demand of a law enforcement officer;

    (c) In the absence of any reasonable and articulable suspicion of criminal activity, no person carrying
    a concealed or unconcealed firearm shall be disarmed or physically restrained by a law
    enforcement officer unless under arrest; and

    (d) Any person who violates this subdivision shall be subject to the penalty provided in section
    571.121.
     
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  7. patmccoy

    patmccoy Member

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    Montana HB102 has passed both houses of the legislature, and is on the way to the governor's desk. He has stated that he hoped this would be the first bill he would get to sign into law as governor.
     
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  8. Jeff H

    Jeff H Member

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    Ohio isn't on the list, but since we are mostly a Rep state, hopefully soon.
     
  9. MedWheeler

    MedWheeler Member

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    It would be nice if my predominantly-red state of Florida would go this route, but it never will (nor will OC ever become a legal "mainstream" method.)

    Like Montana, though, Florida does allow for the unlicensed possession, openly or concealed, of a firearm at one's home or place of business, or while engaged in a lawful hunting, camping, fishing, or shooting activity (or while in direct transit to or from such activity.)

    Unlicensed-carry proposals come up fairly often, but never get off the ground.
     
  10. rkittine

    rkittine Member

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    Here in New York, as far back as I started shooting (the 60s) you had to have a permit to purchase and possess a handgun. Each county has their own special restrictions or requirements including, resulting in whether you can carry concealed anyplace not regularly banned or just to and from a range or while hunting or even just possession at home. Some large cities, like New York City have their own requirements and separate permits are required. In New York City you even need a permit for Long Arms.

    Bob
     
  11. P5 Guy

    P5 Guy Member

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    The theme park lobby and Marion Hammer have kept our rights from us.
     
  12. patmccoy

    patmccoy Member

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    Montana HB 102 (see post 2), has been signed into law by the MT governor!
     
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