Can you OC in states if you are not a resident? - Page 2

Can you OC in states if you are not a resident?

This is a discussion on Can you OC in states if you are not a resident? within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; +2 on FL never having an OC law. That really fails :(. J...

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Thread: Can you OC in states if you are not a resident?

  1. #16
    Member Array ROFL SQUAD's Avatar
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    +2 on FL never having an OC law. That really fails :(.


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  2. #17
    Senior Member Array rmodel65's Avatar
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    you can open carry in florida on the way to fishing, hunting and camping iirc











    790.25 Lawful ownership, possession, and use of firearms and other weapons.--

    (1) DECLARATION OF POLICY.--The Legislature finds as a matter of public policy and fact that it is necessary to promote firearms safety and to curb and prevent the use of firearms and other weapons in crime and by incompetent persons without prohibiting the lawful use in defense of life, home, and property, and the use by United States or state military organizations, and as otherwise now authorized by law, including the right to use and own firearms for target practice and marksmanship on target practice ranges or other lawful places, and lawful hunting and other lawful purposes.

    (2) USES NOT AUTHORIZED.--

    (a) This section does not authorize carrying a concealed weapon without a permit, as prohibited by ss. 790.01 and 790.02.

    (b) The protections of this section do not apply to the following:

    1. A person who has been adjudged mentally incompetent, who is addicted to the use of narcotics or any similar drug, or who is a habitual or chronic alcoholic, or a person using weapons or firearms in violation of ss. 790.07-790.115, 790.145-790.19, 790.22-790.24;

    2. Vagrants and other undesirable persons as defined in 1s. 856.02;

    3. A person in or about a place of nuisance as defined in s. 823.05, unless such person is there for law enforcement or some other lawful purpose.

    (3) LAWFUL USES.--The provisions of ss. 790.053 and 790.06 do not apply in the following instances, and, despite such sections, it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes:

    (a) Members of the Militia, National Guard, Florida State Defense Force, Army, Navy, Air Force, Marine Corps, Coast Guard, organized reserves, and other armed forces of the state and of the United States, when on duty, when training or preparing themselves for military duty, or while subject to recall or mobilization;

    (b) Citizens of this state subject to duty in the Armed Forces under s. 2, Art. X of the State Constitution, under chapters 250 and 251, and under federal laws, when on duty or when training or preparing themselves for military duty;

    (c) Persons carrying out or training for emergency management duties under chapter 252;

    (d) Sheriffs, marshals, prison or jail wardens, police officers, Florida highway patrol officers, game wardens, revenue officers, forest officials, special officers appointed under the provisions of chapter 354, and other peace and law enforcement officers and their deputies and assistants and full-time paid peace officers of other states and of the Federal Government who are carrying out official duties while in this state;

    (e) Officers or employees of the state or United States duly authorized to carry a concealed weapon;

    (f) Guards or messengers of common carriers, express companies, armored car carriers, mail carriers, banks, and other financial institutions, while actually employed in and about the shipment, transportation, or delivery of any money, treasure, bullion, bonds, or other thing of value within this state;

    (g) Regularly enrolled members of any organization duly authorized to purchase or receive weapons from the United States or from this state, or regularly enrolled members of clubs organized for target, skeet, or trap shooting, while at or going to or from shooting practice; or regularly enrolled members of clubs organized for modern or antique firearms collecting, while such members are at or going to or from their collectors' gun shows, conventions, or exhibits;

    (h) A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;

    (i) A person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of any such person while engaged in the lawful course of such business;

    (j) A person firing weapons for testing or target practice under safe conditions and in a safe place not prohibited by law or going to or from such place;

    (k) A person firing weapons in a safe and secure indoor range for testing and target practice;

    (l) A person traveling by private conveyance when the weapon is securely encased or in a public conveyance when the weapon is securely encased and not in the person's manual possession;

    (m) A person while carrying a pistol unloaded and in a secure wrapper, concealed or otherwise, from the place of purchase to his or her home or place of business or to a place of repair or back to his or her home or place of business;

    (n) A person possessing arms at his or her home or place of business;

    (o) Investigators employed by the several public defenders of the state, while actually carrying out official duties, provided such investigators:

    1. Are employed full time;

    2. Meet the official training standards for firearms established by the Criminal Justice Standards and Training Commission as provided in s. 943.12(5) and the requirements of ss. 493.6108(1)(a) and 943.13(1)-(4); and

    3. Are individually designated by an affidavit of consent signed by the employing public defender and filed with the clerk of the circuit court in the county in which the employing public defender resides.

    (p) Investigators employed by the capital collateral regional counsel, while actually carrying out official duties, provided such investigators:

    1. Are employed full time;

    2. Meet the official training standards for firearms as established by the Criminal Justice Standards and Training Commission as provided in s. 943.12(1) and the requirements of ss. 493.6108(1)(a) and 943.13(1)-(4); and

    3. Are individually designated by an affidavit of consent signed by the capital collateral regional counsel and filed with the clerk of the circuit court in the county in which the investigator is headquartered.

    (4) CONSTRUCTION.--This act shall be liberally construed to carry out the declaration of policy herein and in favor of the constitutional right to keep and bear arms for lawful purposes. This act is supplemental and additional to existing rights to bear arms now guaranteed by law and decisions of the courts of Florida, and nothing herein shall impair or diminish any of such rights. This act shall supersede any law, ordinance, or regulation in conflict herewith.

    (5) POSSESSION IN PRIVATE CONVEYANCE.--Notwithstanding subsection (2), it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use. Nothing herein contained prohibits the carrying of a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use. Nothing herein contained shall be construed to authorize the carrying of a concealed firearm or other weapon on the person. This subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self-defense as provided in s. 776.012.

    History.--s. 1, ch. 65-410; s. 32, ch. 69-216; s. 32, ch. 73-334; s. 2, ch. 77-302; s. 2, ch. 82-131; s. 15, ch. 83-167; ss. 45, 49, ch. 83-334; s. 32, ch. 84-258; s. 68, ch. 85-62; s. 5, ch. 85-332; s. 15, ch. 87-274; s. 2, ch. 87-537; s. 1, ch. 89-60; s. 8, ch. 90-364; s. 1, ch. 93-269; s. 7, ch. 93-416; s. 89, ch. 95-211; s. 1218, ch. 97-102; s. 110, ch. 2006-1; s. 2, ch. 2006-103.

    1Note.--Repealed by s. 3, ch. 72-133.
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  3. #18
    Distinguished Member Array Pro2A's Avatar
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    Open carry is legal in most states without a permit. For example I could OC in New Mexico legally even tho they do not honor my PA permit. Same goes for Nevada.

    If I conceal however I would need a recognized permit and thus would be illegal.

  4. #19
    Member Array diesel556's Avatar
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    I didn't see anyone post this map yet:

    OpenCarry.org - A Right Unexercised is a Right Lost!

    You still need to be careful of state specific laws, as was already mentioned. For example Oregon is an anomalous carry state, meaning anyone can OC, however, many areas are restricted to OC'ers unless you have a CPL.
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  5. #20
    Senior Member Array Al Lowe's Avatar
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    Oh, and in Indiana, you need a permit to OC or CC. But, they do recognize every one else's permits, reciprocal or not, just as Michigan does.

  6. #21
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    Quote Originally Posted by Al Lowe View Post
    In Michigan, that's a tricky question. Essentially, you can OC in Michigan, IF you have a permit to carry from your home state. This has more to do with our handgun registration laws, than anything else.
    Thanks Al, I was checking to make sure no from MI had already jump in.

    I do find it confusing that as a resident I can open carry with out a permit but for an out of state to open carry they need a carry or concealed carry permit from their state of residence.

    And slightly off topic, I have been told that Michigan does not have a firearm (pistol) registration, but we have a "safety inspection" which is basically the same thing.

    But, look at this website and the title of it.

    MSP - Firearms Registration

    Very confusing.
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  7. #22
    VIP Member Array matiki's Avatar
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    WA State is OK for open carry - for citizens only. Right now the NRA is suing the State to get rights back for Alien Residents...
    "Wise people learn when they can; fools learn when they must." - The Duke of Wellington

  8. #23
    Distinguished Member Array Pro2A's Avatar
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    Quote Originally Posted by matiki View Post
    WA State is OK for open carry - for citizens only. Right now the NRA is suing the State to get rights back for Alien Residents...
    I'm pretty sure you don't need a permit to OC in Washington. I think the issue is there is "confusion" in the law. But the law seems pretty clear.

    OpenCarry.org - State Information For Washington

  9. #24
    VIP Member Array matiki's Avatar
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    Quote Originally Posted by Pro2A View Post
    I'm pretty sure you don't need a permit to OC in Washington. I think the issue is there is "confusion" in the law. But the law seems pretty clear.

    OpenCarry.org - State Information For Washington
    Re-read my post.

    You can't posses a firearm (without a license - one which they will not issue) if you're an alien. So no carry is legal.
    "Wise people learn when they can; fools learn when they must." - The Duke of Wellington

  10. #25
    Senior Member Array Al Lowe's Avatar
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    Quote Originally Posted by ecbaatz View Post
    Thanks Al, I was checking to make sure no from MI had already jump in.

    I do find it confusing that as a resident I can open carry with out a permit but for an out of state to open carry they need a carry or concealed carry permit from their state of residence.

    And slightly off topic, I have been told that Michigan does not have a firearm (pistol) registration, but we have a "safety inspection" which is basically the same thing.

    But, look at this website and the title of it.

    MSP - Firearms Registration

    Very confusing.
    Yeah, MI state law calls it "safety inspection" but sometime early next year, the inspection part of it is going away, so it will be defacto registration. But I've found more than a few LE agencies have been honest enough to call it registration. Lansing PD says so on their sign above the window where you take your pistol to get it registered.

    But it's that registration law that prohibits out of state visitors from OCing in Michigan. You need a carry permit from your home state to get around the requirement to have your pistol registered....um, safety inspected. ;)

    Until we get rid of handgun registration, we're going to be stuck with things the way they are.

  11. #26
    Member Array diesel556's Avatar
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    Quote Originally Posted by matiki View Post
    Re-read my post.

    You can't posses a firearm (without a license - one which they will not issue) if you're an alien. So no carry is legal.
    Plus, Washington requires a CPL to carry in a vehicle (even if it's on your hip in a bus or the dash of your car). This obviously severely limits ones ability to carry openly if they don't have a recognized CPL.

  12. #27
    Distinguished Member Array Pro2A's Avatar
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    Quote Originally Posted by matiki View Post
    Re-read my post.

    You can't posses a firearm (without a license - one which they will not issue) if you're an alien. So no carry is legal.
    If you need a permit, then you would recognize other states that you have reciprocity with correct? The point I am trying to get at is say a state like Indiana requires a permit to OC, but they will honor any permit from any state. Washington seems like Pennsylvania (at least from my reading) that you don't need a permit on foot to OC, only to CC, and in your vehicle.

    You just happen to have a much smaller list of states in which you honor.

  13. #28
    Senior Member Array Al Lowe's Avatar
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    Quote Originally Posted by Pro2A View Post
    If you need a permit, then you would recognize other states that you have reciprocity with correct? The point I am trying to get at is say a state like Indiana requires a permit to OC, but they will honor any permit from any state. Washington seems like Pennsylvania (at least from my reading) that you don't need a permit on foot to OC, only to CC, and in your vehicle.

    You just happen to have a much smaller list of states in which you honor.
    Michigan is the same way. The difference being, UNLESS you have a permit from your home state, your pistol must be registered with the Michigan State Police. That effectively stops out of state visitors from OCing, unless they have a carry permit from their home state.

    Michigan does not recognize non-resident permits. In other words, if you live in Illinois (which does not issue any carry permits) and have a Florida non-resident permit, it won't work for you in Michigan. Sorry.

    OFF Topic, aimed at no one in particular

    We're is a contraction of the words "we" and "are" as in "We're getting ready to leave."
    The usage in "We were leaving." Should not be the contraction "we're" but the word "were."

    Sorry. I just had to mention it.
    Last edited by Al Lowe; December 24th, 2008 at 10:52 AM. Reason: Off topic.
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  14. #29
    Distinguished Member Array Pro2A's Avatar
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    Well it's good to know if I am ever in Michigan I can OC and CC both with my PA resident permit :-)

  15. #30
    Ex Member Array Ram Rod's Avatar
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    Can you OC in states if you are not a resident?
    Some that do allow this, you'd need a reciprocal permit to do so.

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