What States Can You Open Carry?

This is a discussion on What States Can You Open Carry? within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; A Class 3 isn't a license, it's an SOT class. Class 1 SOT= Importer of NFA weapons Class 2 SOT= Manufacturer of NFA weapons Class ...

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Thread: What States Can You Open Carry?

  1. #31
    VIP Member Array Tubby45's Avatar
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    A Class 3 isn't a license, it's an SOT class.

    Class 1 SOT= Importer of NFA weapons
    Class 2 SOT= Manufacturer of NFA weapons
    Class 3 SOT= Dealer of NFA weapons

    When someone says Class 3 dealer, they are referring to an FFL dealer that is a Class 3 SOT. There is no such thing as a Class 3 dealer or Class 3 weapon. They are a Class 3 SOT and they are all NFA weapons. It's a nomenclature thing like clip versus magazine.
    07/02 FFL/SOT since 2006

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  3. #32
    Distinguished Member Array Squawker's Avatar
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    As mentioned by Torrid, Nevada is a great gun state. OC, shall issue, and we finally began to accept reciprocity with several states, more to come, which makes our permits more useful. We also don't have the restriction on carrying in bars, or restaurants that serve alcohol. While it's not something that I do, you can even drink while carrying, as long as you keep your BAC under 0.1 (and of course, don't make a fool of yourself!).

  4. #33
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    , folks.

    The question asked is which states allow open carry.

    Let's leave the Class 3 ownership discussion for another thread.

    BTW, Montana is legal open carry.


    When you’re wounded and left on Afghanistan’s plains,
    And the women come out to cut up what remains,
    Just roll to your rifle and blow out your brains,
    And go to your God like a soldier.

    Rudyard Kipling


    Terry

  5. #34
    Member Array TENWHEELER's Avatar
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    Ky

    Without any argument the winner is Kentucky for OC/CC freedom.

    1) OC is allowed w/o a permit
    2) CC license is listed as Concealed Weapons Permit, which covers knives, nunchuks, billy clubs, samurai swords, etc.
    3) Castle Law is on the books
    4) Ability to carry in an establishment that sells liqour, provided that they do not garner more than 50% of their sales from alcohol and of course, as long as you are not consuming alcohol.
    5) 6% sales tax


    Really about the only thing that Kentucky sucks at is the following:

    1) State Income Tax
    2) Abundance of "Deliverance" stunt doubles live here!!
    3) Vehicle License is figured on Blue Book value of vehicle and not a set rate
    4) My in-laws live here
    5) My wife lives here

    Other than that, it's great!!! LOL
    Walk softly and carry a big stick....but I find it hard to conceal a stick.

  6. #35
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    Quote Originally Posted by TENWHEELER View Post
    Without any argument the winner is Kentucky for OC/CC freedom.

    1) OC is allowed w/o a permit
    2) CC license is listed as Concealed Weapons Permit, which covers knives, nunchuks, billy clubs, samurai swords, etc.
    3) Castle Law is on the books
    4) Ability to carry in an establishment that sells liqour, provided that they do not garner more than 50% of their sales from alcohol and of course, as long as you are not consuming alcohol.
    5) 6% sales tax


    Really about the only thing that Kentucky sucks at is the following:

    1) State Income Tax
    2) Abundance of "Deliverance" stunt doubles live here!!
    3) Vehicle License is figured on Blue Book value of vehicle and not a set rate
    4) My in-laws live here
    5) My wife lives here

    Other than that, it's great!!! LOL
    That sounds pretty good, but...Utah has you beat! Granted, ours is a concealed FIREARMS licence, not weapons. But we can also carry on school property, and amount of revenue by alcohol doesn't matter.
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants."
    Thomas Jefferson

  7. #36
    Senior Member Array BRTCP88's Avatar
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    Quote Originally Posted by Captain Crunch View Post
    , folks.

    The question asked is which states allow open carry.

    Let's leave the Class 3 ownership discussion for another thread.

    BTW, Montana is legal open carry.
    Yeah, sorry. Didn't mean to hijack the thread. I just was curious when I saw that first post because I've been thinking about getting a Thompson for WWII reenacting.
    Ron Paul 2012

    There are three kinds of Yankees: Yankees, Damn Yankees, and Floridians

  8. #37
    Senior Member Array rljohns's Avatar
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    If we could exclude Denver as a city in Colorado we would be very good. Shall issue, bars are not off limts, Universities are not off limits by law (only school policy), CC in car w/o permit. I just wish knives were added to the CCW permit. I have a Spyderco police model I am very fond of carring.

  9. #38
    Member Array Kevin Jensen's Avatar
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    Quote Originally Posted by sigmanluke View Post
    The great gun state of Utah is an OC state and a shall issue to res/non-res. Castle doctrine, CC on school campuses, (elementary, secondary, and college) CC in bars, restraunts that serve alcohol, and pretty much everywhere else.
    I woud like to point out that concealment is not a requirement in Utah, so we can open carry in schools with a permit. You can open carry in bars with or without a permit.


    Quote Originally Posted by sigmanluke View Post
    Granted, ours is a concealed FIREARMS licence, not weapons.
    You shouldn't be mislead by the title printed on the card. Utah law states that most dangerous weapons are exempt from concealment with our permit.

    76-10-501. Definitions.
    As used in this part:
    (5) (a) "Dangerous weapon" means any item that in the manner of its use or intended use is capable of causing death or serious bodily injury. The following factors shall be used in determining whether a knife, or any other item, object, or thing not commonly known as a dangerous weapon is a dangerous weapon:
    (i) the character of the instrument, object, or thing;
    (ii) the character of the wound produced, if any;
    (iii) the manner in which the instrument, object, or thing was used; and
    (iv) the other lawful purposes for which the instrument, object, or thing may be used.
    (b) "Dangerous weapon" does not include any explosive, chemical, or incendiary device as defined by Section 76-10-306.


    76-10-504. Carrying concealed dangerous weapon -- Penalties.
    (1) Except as provided in Section 76-10-503 and in Subsections (2), (3), and (4), a person who carries a concealed dangerous weapon, as defined in Section 76-10-501, including an unloaded firearm on his or her person or one that is readily accessible for immediate use which is not securely encased, as defined in this part, in or on a place other than the person's residence, property, a vehicle in the person's lawful possession, or a vehicle, with the consent of the individual who is lawfully in possession of the vehicle, or business under the person's control is guilty of a class B misdemeanor.
    (2) A person who carries a concealed dangerous weapon which is a loaded firearm in violation of Subsection (1) is guilty of a class A misdemeanor.



    76-10-523. Persons exempt from weapons laws.
    (2) The provisions of Subsections 76-10-504(1) and (2), and Section 76-10-505 do not apply to any person to whom a permit to carry a concealed firearm has been issued:
    (a) pursuant to Section 53-5-704; or
    (b) by another state or county.
    Kevin Jensen
    Utah State Researcher,
    www.opencarry.org

  10. #39
    Member Array Tiny85's Avatar
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    Quote Originally Posted by automatic slim View Post
    Can't beat New Mexico. Open carry w/o permit and concealed carry with permit. NM is a SHALL ISSUE state. Open or concealed carry anywhere in your vehicle of a loaded firearm without a permit of any kind. No registration, no licensing and no waiting period. To top it all off, great weather!
    I beg to differ, Vermont and Alaska are issued at birth. If you were born you can OC or CC no paperwork required.
    There's nothing wrong with shooting so long as the right people get shot. -- Dirty Harry Calahan

  11. #40
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    the only true problem with open carry in washington is, it's very sheepish depending on where you live. western washington, naely pierce county there are a lot of ghetto areas and open carry will get the local PD called really quick been there done that
    eastern washington where there is a lot of country settings and hunting it's more accepted

  12. #41
    Distinguished Member Array Stetson's Avatar
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    Maine - Open Carry according to State Constitution article I,section 16 every citizen has the right to keep and bear rams.This right never br questioned.
    Minimum age to open carry no statutory age. Open carry in a vehicle only with a permit. I don't know why anyone would open carry and give that advantage
    away.All I see this is a long lost right that gone out of style now being stylish
    to make leo job more difficult and making the rest of us look bad JMO.

  13. #42
    Senior Member Array rmodel65's Avatar
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    Quote Originally Posted by Stetson View Post
    Maine - Open Carry according to State Constitution article I,section 16 every citizen has the right to keep and bear rams.This right never br questioned.
    Minimum age to open carry no statutory age. Open carry in a vehicle only with a permit. I don't know why anyone would open carry and give that advantage
    away.All I see this is a long lost right that gone out of style now being stylish
    to make leo job more difficult and making the rest of us look bad JMO.


    no open carry is the purest form of the right, and makes no one look bad
    Last edited by Captain Crunch; June 10th, 2009 at 01:08 AM. Reason: Fixed quote tags.
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  14. #43
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    GA is open carry. We don't have CCLs, but a Georgia Firearms License.

  15. #44
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    Quote Originally Posted by TENWHEELER View Post
    Without any argument the winner is Kentucky for OC/CC freedom.

    1) OC is allowed w/o a permit
    2) CC license is listed as Concealed Weapons Permit, which covers knives, nunchuks, billy clubs, samurai swords, etc.
    3) Castle Law is on the books
    4) Ability to carry in an establishment that sells liqour, provided that they do not garner more than 50% of their sales from alcohol and of course, as long as you are not consuming alcohol.
    5) 6% sales tax
    NH:
    ->No license required to open carry, at any age (with parental permission under 18).
    ->No license required to carry a concealed pistol, as long as the pistol is unloaded (as far as I've been able to determine, it doesn't matter how close the magazine is to the pistol, as long as it's not inserted).
    ->No license required to carry a concealed long gun (loaded or unloaded)(loaded long-guns can't be carried in vehicles, due to a fish&game regulation relative to poaching).
    ->Trivial* shall-issue license for carrying a concealed and loaded pistol, or for carrying any loaded pistol in a vehicle.
    ->No database of license-holders (records are stored with the local police, generally in filing cabinets).
    ->Only courts are off-limits (in accordance with Federal law, public school students can be expelled for carrying at school).
    ->No alcohol limitation (although most restaurants whose policies I'm aware of won't serve more than one or two drinks to someone the know to be carrying, as a matter of their own personal choice to encourage responsibility).
    ->NFA weapons are fine, as long as they are otherwise legally-owned (ie, Federal taxes paid).
    ->While there is no official "castle doctrine," as such, the law on use of deadly force only requires retreat if it can be done in "complete safety" (if you were able to retreat in complete safety, yet were still be justified in using deadly force, please let me know the circumstances).


    *Trivial: single-page form (name, address, etc.), no fingerprints or photographs, no minimum age (with parental permission under 18), $10 license fee, no training requirement or other such nonsense to drive the price up, maximum 14 days to issue (the handful of times that some police department has chosen to ignore that, they've been brought up on charges).

    Oh, and no income or sales tax (relevant, I suppose, in terms of being able to afford guns, holsters, and ammo).

    We're working on removing the license requirement (but leaving the license system in place for those who want it, in terms of reciprocity). The folks who proposed that last legislative session termed it "Alaska carry," which led others to believe that there was going to be a central database created (like Alaska has), rather than keeping the records with the local police, as is currently the case. That was not how the law was written, but enough folks assumed it, so the bill died early for (of all things) being seen as not radical enough.

    On a related note, someone recently got a "carry without a license" charge dropped before trial, having made arguments based upon Heller and the Full Faith and Credit clause of the US Constitution. I suppose others could try the same thing, but for $10 and nothing substantially-intrusive, and given how likely it is that we will have the license requirement removed, altogether, I think that's a silly place to make your line in the sand.

    Joe

  16. #45
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    It might of been easier to ask which states you can not OC in. :)

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