Open Carry

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Open carry is shorthand terminology for "openly carrying a firearm in public." In the United States, the degrees of legality of open carry varies.

Contents

[edit] Formal definitions

Open carry - the act of publicly carrying a firearm in plain sight.

Plain sight - broadly defined as not being hidden from common observation; varies somewhat from state to state.

Preemption - in the context of open carry: the act of a state legislature passing laws which limit or eliminate the ability of local governments to regulate the possession or carrying of firearms.

Prohibited persons - people prohibited by law from publicly carrying a firearm in plain sight. These can include but are not limited to: minors, felons, those convicted of a misdemeanor of domestic violence, and those who have been involuntarily committed to a mental institution.

[edit] Open carry in history

Open carry was common during the pioneer era and in the American Old West. According to UCLA historian Dr. Roger McGrath in his book Guns, Highwaymen and Vigilantes: Violence in the Old West, the rates of murder, robbery, rape, and other assorted violent crimes in the western United States were far lower than they are today, and McGrath attributes those lower rates directly to the open carry of firearms.[1] McGrath states that "the young, the old, and the female—those most vulnerable—were far safer in the most wild and wooly frontier towns than they are in any American city today," because "people had arms, knew how to use them, and were willing to fight with deadly force to protect their persons or property." However, it should be noted that crime rates overall were much lower in the United States in the 19th Century.[2]

[edit] Open carry today

Today in the United States, the laws vary from state to state regarding open carry, which are outlined in the map below.

Accuracy dispute
 This article appears to contradict the article Concealed carry in the United States. Please see discussion on the linked talk page.

The categories are defined as follows:

Permissive Open Carry States - A state has passed full preemption of all firearms laws. They permit open carry to all non-prohibited citizens without permit or license. Also open carry is lawful on foot and in a motor vehicle.

Licensed Open Carry States - A state has passed full preemption of all firearms laws. They also permit open carry to all non-prohibited citizens once they have been issued a permit or license. Also open carry is lawful on foot and in a motor vehicle.

Anomalous Open Carry States - In these states, open carry is generally lawful, but the state may lack preemption or there may be other significant restrictions.

Non-Permissive Open Carry States - In these states, open carry is not lawful, or is only lawful under a limited set of circumstances, such as when hunting, or while traveling to/from hunting locations, or for lawful self-defense.

As the map shows, seven states and the District of Columbia fully prohibit the open carry of firearms. Additionally, there are eleven states which permit open carry without requiring the citizen to apply for any permit or license.

Disclaimer: While state law may not prohibit the open carry of loaded firearms, it is not uncommon for law enforcement to be unaware of this fact. Especially in states with highly restrictive laws regarding firearms ownership, open carry, even though legal, could result in serious negative consequences.

[edit] Open carry encounters

In 2003, gun rights supporters in Ohio used a succession of open carry "Defense Walks" to help encourage the legislature to move stalled concealed carry legislation.[3]

The legality of open carry in Virginia was reaffirmed after several 2004 incidents in which citizens openly carrying firearms were confronted by local law enforcement.[4]

In 2007, two Idaho teenagers sought to raise awareness by openly carrying firearms.[5]

In 2007, Manchester, New Hampshire resident Dave Ridley was stopped and questioned by New Hampshire state police for open carrying while walking along a sidewalk.[6] The situation was resolved without incident after Manchester city police arrived and discussed the situation with the state police officer. Ridley has subsequently organized several "Open carry litter pickups" in order to raise awareness. [7]

[edit] State constitutions

Forty three states' constitutions contain a provision for a right to keep and bear arms in some forma[›], but no state constitution specifically refers to the open carrying of arms. Five state constitutions contain provisions that the state legislature may regulate the manner of carrying or bearing armsb[›], though none mentions open carry by name. Nine states' constitutions indicate that the concealed carrying of firearms may be regulated and/or prohibited by the state legislaturec[›] which could be considered, by process of elimination, to indicate that the open carrying of arms may not be legislatively controlled in these states, though this is not explicitly stated and is, therefore, open to debate. The remaining states with constitutional provisions for the right to keep and bear arms fail to make any further specific reference to the matter of whether or not this includes the right to carry arms in the open, leaving this matter a contentious one.

[edit] See also

[edit] Footnotes

^ a: Only the states of California, Iowa, Maryland, Minnesota, Nebraska, New Jersey, and New York have no mention at all of the keeping or bearing of arms in their state constitutions.
^ b: The state constitution of Florida states that "the manner of bearing arms may be regulated by law[8][,]" while Georgia allows that "the General Assembly shall have the power to prescribe the manner in which arms may be borne[9]." Oklahoma's constitution says that the legislature shall have the power of "regulating the carrying of weapons[10]." Tennessee and Texas have identical provisions that "the Legislature shall have power, by law, to regulate the wearing of arms with a view to prevent crime[11][12]."
^ c: The constitutions of the states of Colorado, Idaho, Kentucky, Louisiana, Mississippi, Missouri, Montana, New Mexico, and North Carolina all indicate that their state's constitutional provision for the right to keep and bear arms does not prevent the legislature from regulating and/or prohibiting the carrying of concealed weapons. Idaho provides a typical example of such a provision with its constitution stating that "this provision shall not prevent the passage of laws to govern the carrying of weapons concealed on the person[13][;]" the language found in the other eight states' provisions is similar.

The first statement in this section is incorrect in stating that Nebraska has no mention of the keeping and bearing of arms in its Constitution. It is in the first paragraph! Obviously whomever posted this erroneous information has no idea that Nebraskans will not suffer their legislators attempting to deprive them of this inherent right. I quote the relevant information below.

Constitution of the State of Nebraska

Article I-1 Statement of rights.

All persons are by nature free and independent, and have certain inherent and inalienable rights; among these are life, liberty, the pursuit of happiness, and the right to keep and bear arms for security or defense of self, family, home, and others, and for lawful common defense, hunting, recreational use, and all other lawful purposes, and such rights shall not be denied or infringed by the state or any subdivision thereof. To secure these rights, and the protection of property, governments are instituted among people, deriving their just powers from the consent of the governed.

[edit] References

  1. ^ McGrath, Roger D. (1987). Guns, Highwaymen and Vigilantes: Violence in the Old West. ISBN 0-5200-6026-1. 
  2. ^ For example, see Lane, Roger (1999). Violent Death in the City: Suicide, Accident, and Murder in Nineteenth-Century Philadelphia. Ohio State University Press. ISBN 0-8142-5021-1. ; and Currie, Elliot (1998). Crime and Punishment in America. Owl Books. ISBN 0-8050-6012-2. 
  3. ^ "'Defenses' Walks Make History in Ohio"
  4. ^ "Guns Worn In Open Legal, But Alarm Va." by Tom Jackman, Washington Post, July 15, 2004
  5. ^ "Rifles and rights" by Brian Walker, Coeur d'Alene Press, May 19, 2007
  6. ^ "Open carry legal in New Hampshire?" , August 5, 2007
  7. ^ "Group to pick up trash — and carry firearms" by Dan Tuohy, New Hampshire Union Leader, May 2, 2008
  8. ^ Florida State Constitution Article 1, § 8
  9. ^ Georgia State Constitution Article 1, Paragraph VIII
  10. ^ Oklahoma State Constitution § II-26
  11. ^ Tennessee State Constitution Article 1, § 26
  12. ^ Texas State Constitution Article 1, § 23
  13. ^ Idaho State Constitution Article 1, § 11

[edit] External links