Open Carry on Private Property
This is a discussion on Open Carry on Private Property within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I just read a post stating that he was out on his front porch handing out Holloween candy while his pistol was in plain view.
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November 3rd, 2008 08:40 AM
#1
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Open Carry on Private Property
I just read a post stating that he was out on his front porch handing out Holloween candy while his pistol was in plain view.
In most states, is this legit? I'm in Louisiana. I could not find anything on open carry on Louisiana's state website.
Thanks,
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November 3rd, 2008 08:40 AM
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November 3rd, 2008 08:49 AM
#2
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Originally Posted by
NavDoc
I just read a post stating that he was out on his front porch handing out Holloween candy while his pistol was in plain view.
In most states, is this legit? I'm in Louisiana. I could not find anything on open carry on Louisiana's state website.
Thanks,

Quick glance shows 13 states where open carry, without any license required, is legal in public, even off of private property. Most of the handgun carry laws in almost all states are excepted on your own private property or in a business that you own. In other words, if you are on your property or in the business that you own, you can carry your gun however you want to, even concealed without a license.
BTW, open carry in Lousisana is legal:
http://louisianacarry.org/laws/Attor...en%20carry.doc
Here is an excerpt for the state attorney general's opinion:
Therefore, the carrying of an exposed handgun is not illegal, except as
provided in LSA R.S. 14:95.1.
LSA R.S. 14:95.1 provides:
s 95.1 Possession of firearm or carrying concealed weapon by a person convicted of certain felonies
and
Therefore, an ordinance enacted by a Parish and/or Municipality requlating the carrying of exposed handguns would be without effect as being in conflict with State Law.
Strange, it appears as if Louisiana does not have the private property or business owner's exception, so, without a license, you cannot conceal the firearm even on your own property, it must be open carried in Louisiana.
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November 3rd, 2008 06:57 PM
#3
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It's legal to OC on and off your property in Michigan. We do have some restrictions though.
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November 3rd, 2008 07:12 PM
#4
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I believe in CA it is legal to carry concealed in your home including your RV. I also think that open carry is legal outside of incorporated portions of the state as well.
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November 3rd, 2008 07:19 PM
#5
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In MN, you can OC without a permit on your property and business. With a carry permit, you can open carry anywhere in the state.
MNBurl
"If everyone is thinking alike, then somebody isn't thinking" - George S. Patton.
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November 3rd, 2008 08:27 PM
#6
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+1 to what NavyLT said. I think he nailed it.
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November 3rd, 2008 08:28 PM
#7
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What might be perfectly legal might not always be the thing to do. I personally wouldn't choose that time and place to OC.
That's just me.
ALWAYS carry! - NEVER tell!
"A superior Operator is best defined as someone who uses his superior
judgement to keep himself out of situations that would require a display of his
superior skills."
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November 3rd, 2008 09:40 PM
#8
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Most of the handgun carry laws in almost all states are excepted on your own private property or in a business that you own. In other words, if you are on your property or in the business that you own, you can carry your gun however you want to, even concealed without a license.
I agree, that's the way it is here.
What might be perfectly legal might not always be the thing to do.
I also agree. Prudence is key.
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November 5th, 2008 11:34 AM
#9
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Originally Posted by
Thumper
What might be perfectly legal might not always be the thing to do. I personally wouldn't choose that time and place to OC.

That's just me.

I agree, even though I OC almost all the time.
While handing out candy during 'ween I want to have fun makin' small children cry with my evil props and decorations. Parents love it too, but it would become creepy if I were also OC'ing during that time.
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November 5th, 2008 08:35 PM
#10
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My guess is most people would think it's part of a costume. I also wouldn't do it.
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November 6th, 2008 05:51 AM
#11
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In Va. you can carry as you see fit on your own property, Va is an OC state anyway.
You'll need to check your state's policy.
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November 6th, 2008 08:45 AM
#12
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I'm not planning to OC. I was just wondering if it was legal and/or wise for the guy to do so.
Thanks.
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November 6th, 2008 10:19 AM
#13
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Personally, I think Halloween is the perfect time to dress up as an Old West gunslinger, or prohibition era gangster/cop/prohibition agent.
But that's just me.
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November 7th, 2008 06:24 PM
#14
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Originally Posted by
Al Lowe
Personally, I think Halloween is the perfect time to dress up as an Old West gunslinger, or prohibition era gangster/cop/prohibition agent.
But that's just me.

Especially with a pair of Colt 45 7-inch "Peacemakers"
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November 7th, 2008 06:52 PM
#15
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It's technical legal here as well to open carry a unloaded gun on your property, but in the city you will likely have an MP5 stuck in your face by an ERT type and nasty expensive court case where the firearm charges will be dropped after the Crown realizes they don’t have a case. The charge of being a nuisance or disturbing the peace will likely stick.
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