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Open Carry Issues & Discussions Discussion regarding open carry in those States where it is legal to do so. This is not a place to debate the virtues of open vs concealed carry.

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Old August 30th, 2008, 11:05 AM   #71
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Originally Posted by Moga View Post
Open, open, open. All that stuff about BGs targeting firearm carriers is bunk. Criminals look for the path of least resistance. They aren't out looking to target someone who will and has the means to resist their aggression.

Jerry, I'll take Comfortable Mode of Carry for 200 please.

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Old August 30th, 2008, 03:25 PM   #72
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Originally Posted by cwblanco View Post
As to states with virtually unlimited open carry, they are in the minority.
I suggest you check your interpertation of the information.
12 states specifically allow open carry without restriction.
17 states have no restriction against open carry.
That would be 29 states that have no restriction or prohibition of any kind against open carry out of 50 states. In most circles that is a majority. Some would say a vast majority have no prohibitions, restrictions against open carry.
Another 2 states permit open carry in rural areas out side of city limits.
Only 13 states require a permit to open carry.
Which would make open carry commonly accepted by law.
A very small minority, only 7 states prohibit open carry. Very definitely the exception.

Quote:
Originally Posted by Thanis View Post
Open carry is legal, but if LE wants, they just get you one of a number of possibilities (most common disturbing the peace).
Myth no foundation in fact.

Quote:
Originally Posted by Thanis View Post
As a CCW holder you get into a possible bind of brandishing when you open carry. I have not confirmed this, but what a LE customer told me. However that LE is from SE MI, where open carry happens very very rarely.
Myth no foundation in fact.

These are the kind of myths perpetuated by those who do like open carry for personal reasons. With expectations that their position of authority will cause people to accept the lie on face value without investigating it. Believing that if the lie is told often enough it become the truth, like the Brady Bunch that says if you have a gun in you home you are more likely to have it used against you that used in SD. Obviously both are accomplishing their self serving goal. Look at how many believe the lies
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Old August 30th, 2008, 04:39 PM   #73
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Quote:
Originally Posted by Thanis View Post
By what can be understood as a technacality (sp?) , MI has an open carry law. Open carry is legal, but if LE wants, they just get you one of a number of possibilities (most common disturbing the peace).

I have opened carried (OWB) a few times using an on the hip Uncle Mike's sidekick holster when in the (mid) Northern (but not upper) part of MI. Normally I was out in the woods (I always carry out in woods) and went to lunch, maybe dinner, or filled up the truck / jeep with gas.

So maybe once or twice a year I open carry for in an extended period in a town. As a CCW holder you get into a possible bind of brandishing when you open carry. I have not confirmed this, but what a LE customer told me. However that LE is from SE MI, where open carry happens very very rarely.
I suggest you read a couple "official" items.

First, AG's Opinion 7101. This is from Gov. Jenny when she was AG, and it states that open carrying in a holster is not brandishing.

MSP Legal Update Newsletters: April 2007 and June 2008

And one non-official item.

Michigan Open Carry Info on OCDO forums

You might be surprised.
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Old August 30th, 2008, 04:45 PM   #74
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Originally Posted by cwblanco View Post
Thanks for the cite which I viewed. I checked only one sample state - New Mexico with which I was already familiar (and re-visited the actual statutes). The chart lists New Mexico as an open carry state. However, in reality that is only in an automobile, and the usual exceptions such as hunting. Although the chart classifies New Mexico as open carry, that is a very limited version of open carry.

As to states with virtually unlimited open carry, they are in the minority.
From OCDO:
Quote:
New Mexico is one of our "Gold Star" open carry states. There is complete state preemption of all firearms laws, open carry is increasingly common and law enforcement is well educated as to its legality. In addition, New Mexico has an extended domain law which effectively makes your vehicle an extension of your home. So you may carry openly or concealed in your vehicle.
For further info, I would suggest you check out the forums on OCDO and read what the residents of the various states are saying. You might be surprised.
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Old August 30th, 2008, 05:04 PM   #75
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Originally Posted by Detroittwister View Post
For me, I like to live by the code "Theres nothing tatical about open carry" I will always carry concealed, I believe a person carring open would be the badguy's first target. How would you carry?
If your always concealed why ask this question?
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Old August 30th, 2008, 05:49 PM   #76
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Old August 30th, 2008, 06:11 PM   #77
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Quote:
Originally Posted by Moga View Post
Open, open, open. All that stuff about BGs targeting firearm carriers is bunk. Criminals look for the path of least resistance. They aren't out looking to target someone who will and has the means to resist their aggression.

Jerry, I'll take Comfortable Mode of Carry for 200 please.
+10000000! I could not agree more with this statement! And very, very, very well said. Just OC'ed today in Oakland, Memphis and Bartlett. No problems. No fuss. No strange looks.

And I wasn't targeted for attack by the roving gangs of Huns ever more present in Memphis.

And let me echo Al Lowe's comments. OCDO is a great site. Anyone who open carries should check it out. If you see me, say hello, my screen name there is the same as here.
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Old August 30th, 2008, 08:14 PM   #78
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Originally Posted by Detroittwister View Post
For me, I like to live by the code "Theres nothing tatical about open carry" I will always carry concealed, I believe a person carring open would be the badguy's first target. How would you carry?

I am going to get off the subject a bit. It's legal in a lot of states. The one that intrigues me the most is Nevada because I have a nonresident CCW. These guys open carry downtown Reno all the time. Sometimes they get stopped by law enforcement, sometimes not. They can check you out, that's all. It's legal and there's nothing they can do about it. In Nevada, there is a Pre-emption Law that gives the state government power to regulate firearms laws. Cities and counties cannot enact stricter laws. There were some laws in Clark County that were in effect before the Pre-emption Law, so they are grandfathered in.

I contacted Karen Fraley, Reno's Deputy City Attorney and Legal Advisor to the Reno Police Department.

This is her response to my request for the legality of open carry in Reno:

Firearms are regulated by the State of Nevada and local jurisdictions
may only regulate the unlawful discharge of a firearm within the City
limits. I am unaware of any state statute that would prohibit an
individual carrying a firearm in a holster openly displayed. There are,
however, state statutes prohibiting firearms in certain locations. You
may wish to refer to NRS for further.

Businesses can, of course, regulate whether firearms are permitted
within their businesses.

I think you can expect an officer to talk to you should one see you
walking down the street with a firearm in a holster. It is also highly
likely that citizens would call in to report an individual with a
firearm, causing a police response. Normally, those who wish to be
armed obtain a CCW permit and simply carry it concealed, which causes
much less concern on the part of citizens and officers.

Karen S. Fraley
Deputy City Attorney
Legal Advisor - Reno Police Department

Personally, I follow Ms. Fraley's advice and carry concealed. I have not open carried yet, but I want to try it once just to see what happens.
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Old August 30th, 2008, 10:13 PM   #79
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Quote:
Originally Posted by Al Lowe View Post
From OCDO:

For further info, I would suggest you check out the forums on OCDO and read what the residents of the various states are saying. You might be surprised.
Be aware, NM has many, many Native American reservations, and on most of them you are violating tribal law if you have a operational gun in your vehicle.

The state of NM has many states within it. (I love NM, but you need to understand the laws....)
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Old August 30th, 2008, 10:36 PM   #80
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If open carry was legal, how would you carry?

concealed...
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