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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 March 25th, 2009, 09:07 PM   #21
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Old March 25th, 2009, 09:33 PM   #22
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And I would say that if it is indeed "legal" in 44 states more people would be doing it in 44 states. I think that if you look harder you will find that, while on the state "books" as legal, it may not necessarily be tolerated nor legal in every county in any given state. Counties, and even cities, can site their own restrictions.

These restrictions, or laws, trump Federal and State law.
Legal vs. generally practiced. It's indeed legal in all of these 44 states whether you think so or not. Check out that site, it's got case law, anecdotal evidence, and Attorney general opinions from as recent as 2008 proving the fact that it's legal.

We even have OC Barbecues here in Michigan in public parks, where we invite press and local law enforcement. Usually we get one or two news outlets to run a story.

And no arrests. Thank you very much.
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Old March 26th, 2009, 12:51 AM   #23
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Legal vs. generally practiced. It's indeed legal in all of these 44 states whether you think so or not. Check out that site, it's got case law, anecdotal evidence, and Attorney general opinions from as recent as 2008 proving the fact that it's legal.

We even have OC Barbecues here in Michigan in public parks, where we invite press and local law enforcement. Usually we get one or two news outlets to run a story.

And no arrests. Thank you very much.
Well, good for you! So, what do you get now, a little gold star?

So go into further research and look into the individual county and city ordinances as to firearms regulations. I will bet you many will differ from State law.

State law in Florida sets speed limits at 55mph on most all four lane highways. So, 55 is legal right in the state right? Well, try that in any smaller town where the 55mph drops to 35mph. Same highway, same state, different set of laws.

I choose to carry concealed anyway, so this matters not to me.
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Old March 26th, 2009, 08:17 AM   #24
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Well, good for you! So, what do you get now, a little gold star?

So go into further research and look into the individual county and city ordinances as to firearms regulations. I will bet you many will differ from State law.

State law in Florida sets speed limits at 55mph on most all four lane highways. So, 55 is legal right in the state right? Well, try that in any smaller town where the 55mph drops to 35mph. Same highway, same state, different set of laws.

I choose to carry concealed anyway, so this matters not to me.
Michigan, like several other states, has complete preemption. This means that local ordinances against possession are unenforceable. Most don't even have them anymore. The people in Michigan are DOING something about it.
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Old March 26th, 2009, 08:35 AM   #25
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I wouldn't say open carry is legal in most states. Its certainly not legal in Florida unless you are hunting, camping or fishing............
Wasn't it legal years ago...? I heard a story from a friend that her mom walked into a Supermarket and saw a guy with a 'cowboy rig' shopping...I thought open carry, or SASS was in town and the guy just plumb forget, know what I mean?
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Old March 26th, 2009, 08:55 AM   #26
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Well, good for you! So, what do you get now, a little gold star?

So go into further research and look into the individual county and city ordinances as to firearms regulations. I will bet you many will differ from State law.

State law in Florida sets speed limits at 55mph on most all four lane highways. So, 55 is legal right in the state right? Well, try that in any smaller town where the 55mph drops to 35mph. Same highway, same state, different set of laws.

I choose to carry concealed anyway, so this matters not to me.

In my state (Michigan) We have complete preemption of firearms law, making them uniform across the state. This is something we've had since 1990. MCL 123.1102. No matter where I am in the state, I can openly carry. The only exception (besides certain gun-free zones, which are also invalid if you have your concealed permit) is private property, since I can be asked to leave at any time, for any reason.
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Old March 26th, 2009, 08:57 AM   #27
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Wasn't it legal years ago...? I heard a story from a friend that her mom walked into a Supermarket and saw a guy with a 'cowboy rig' shopping...I thought open carry, or SASS was in town and the guy just plumb forget, know what I mean?
The laws on the books making open carry illegal are part of the old "Jim Crow" laws, because the gov't could easily find a way for a black man to get denied his permit, all the while accepting anyone else, at the sheriff's discretion.

Some states later changed to "shall issue" states, eliminating the discretion, but never re-allowing open carry.

Michigan never disallowed open carry, hence, it's been legal since before the state was incorporated.
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Old March 26th, 2009, 03:48 PM   #28
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And I would say that if it is indeed "legal" in 44 states more people would be doing it in 44 states. I think that if you look harder you will find that, while on the state "books" as legal, it may not necessarily be tolerated nor legal in every county in any given state. Counties, and even cities, can site their own restrictions.

These restrictions, or laws, trump Federal and State law.
Depends on the state. Washington state law trumps any local city county law as is the case in many states. However the topic is not the pros & cons of OC or whether or not it is legal. The topic is since it IS in fact legal in most states how do you open carry. Please keep it on topic

Thanks for the intelligent responses guys. I have never used a retention holster as no one has ever been within touching distance of me without me being acutely aware of it in thirty years. So a gun grab has never been a real concern. However as I age and my reaction time is slowing I have been wondering how much slower a retention holster is
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Old March 26th, 2009, 08:38 PM   #29
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Depends on the state. Washington state law trumps any local city county law as is the case in many states.
Beat me to it. Although Nickel's doesn't seem too impressed with the state constitution. I hope his law goes into effect. I would love to be the test case for it; I could use the civil suit money.

The "open carry grab" concern seems logical on its face; but so far I haven't found one verifiable, legitimate story of this happening to any non-LEO. Even the gungrabbers don't have anything on it; and they would literally click their heels with glee if they could prove it.

If anyone can find a legitimate story of an open carrier getting his gun snatched by a criminal please PLEASE post it.

(And no, that one ultra fishy story about the guy in Virginia doesn't count. Unless you've found facts beyond the original allegation.)
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Old March 26th, 2009, 08:43 PM   #30
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Beat me to it. Although Nickel's doesn't seem too impressed with the state constitution. I hope his law goes into effect. I would love to be the test case for it; I could use the civil suit money.

The "open carry grab" concern seems logical on its face; but so far I haven't found one verifiable, legitimate story of this happening to any non-LEO. Even the gungrabbers don't have anything on it; and they would literally click their heels with glee if they could prove it.

If anyone can find a legitimate story of an open carrier getting his gun snatched by a criminal please PLEASE post it.

(And no, that one ultra fishy story about the guy in Virginia doesn't count. Unless you've found facts beyond the original allegation.)
I personally know a guy that had a cop come from behind (unnanounced) and attempt to grab his gun out of his Serpa CQC retention holster, and fail.

The officer could have gotten himself hurt pretty bad if he had done that to me. (Think about it: you don't know who he is until you turn around...)
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