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Handgunlaw.us Seeking Feedback on Open Carry

1295 Views 12 Replies 9 Participants Last post by  Gary Slider
Handgunlaw.us is in the process of collecting Open Carry information on all the states. I am considering adding an Open Carry Section to each states page. It is not going to be a complete synopsis on Open Carry in that state but a general outline and info on how to find more information for that state. Questions on Open Carry or why I don’t list Open Carry Info is one of the top questions I get. You can view the listings at it will appear on each states page Here:

http://www.handgunlaw.us/documents/agopinions/OpenCarryPerState.pdf

Or view the same document as attached to this post.

Again I can’t go into great detail in the Open Carry Section but any feedback you could give me for your state and how I have it worded in the above mentioned document would be greatly appreciated. Any links you have to AG Opinions/Court Cases/Statutes/Ordinances or other info on Open Carry would be greatly appreciated.
I am also adding State Open Carry Organizations to the RKBA’s Listing we have at Handgunlaw.us http://www.handgunlaw.us/documents/state_rkba_orgs.pdf If you are a member of an Open Carry Org and your Org is not listed on the RKBA’s Document please email me at admins (AT) handgunlaw.us

Thank you for any assistance you can give Handgunlaw.us in obtaining more information concerning Open Carry in your state. I also want to thank those who have been a great assistance to me in the last month in this endeavor.

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This pretty much spells it out for Florida:

790.053 Open carrying of weapons.—
(1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device. It is not a violation of this section for a person licensed to carry a concealed firearm as provided in s. 790.06(1), and who is lawfully carrying a firearm in a concealed manner, to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.
(2) A person may openly carry, for purposes of lawful self-defense:
(a) A self-defense chemical spray.
(b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.
(3) Any person violating this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

And:

(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:
(h) A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;
(n) A person possessing arms at his or her home or place of business;
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OldVet, Thank you for the reply. I put this in the last line:

See 790.25 for some instances when Open Carry may be legal.

With 790.25 being a link to the whole section that you put part in as (3) (h) (n). That way people can read it all and not just an excerpt. This also keeps my wording down but gives them a link to all the law which is what people need to read. Open Carry is legal in some instances in FL and 790.25 points out those times when it is.
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Per Welcome to GeorgiaPacking.org, but I can't find a particular statute.

Basically, to carry a long gun you do not have to have a license to carry as long as you are not prohibited from owning a firearm. To carry a handgun openly or concealed in the state of Georgia (other than on your property or inside your home, car, or your place of business), you must have a Georgia Weapons Carry License (or the older Georgia Firearm License) issued under code 16-11-129. To carry a knife designed for offense with a blade over 5 inches you must have a Georgia Weapons Carry License (or the older Georgia Firearm License) issued under code 16-11-129. There are exceptions, read below to find out what those are.


Idaho statutes are found in 18-3302. Statutes

Open carry is legal by default. I have personally never been hassled by others or leo for open carry. I do know people that have been tho. I respect property rights and maintain a good attitude and dress while carrying.
There is a bill in the in the Senate Judiciary committee for S.C.,sponsored by Lee Bright,(S115),pertaining to the open carry,now.That's all the info,i have on that,for now.Some others from S.C.,may have more info..
Oklahoma looks good to me. Oklahoma's recent OC law simply changed "concealed" to "concealed or unconcealed" or removed that word entirely. Nothing else changed as far as where one can carry.

I have only open carried a couple times myself and have not been hassled. I did it for a while here at work and it took almost 3 weeks for everyone to notice. Some noticed sooner, but it took 3 weeks before it was noticed by all. People just don't pay as much attention as we'd like to believe.
Thank you. I am watching SC. They have more than Open Carry on their agenda. Hoping that all things in our favor pass. But in the past I have seen so many bills fail or be amended to death it is just a waiting game to see what comes out after the politicians get done with it and signed by the governor.
Oklahoma did a great job on informing their LEO's about the new open carry law before it went into effect. I wish every state would do that.
Thank you. I was just planning a trip to Oregon and Washington where my California CCW is worthless and wondered about the OC laws there. Do some States allow OC with a loaded weapon? OC is still legal in the rural parts of CA, but weapon must be empty. I will look up codes after work.
Here is a bit on Kentucky that you may enjoy (these pertain to open carry in vehicles ) otherwise you can open carry within KY any place where you are legally not forbidden (Post Office, Sheriff's Office "courtrooms etc.)

KRS 527.020(8) states in part that:

"A loaded or unloaded firearm or other deadly weapon shall not be deemed concealed on or about the person if it is located in any enclosed container, compartment, or storage space installed as original equipment in a motor vehicle by its manufacturer, including but not limited to a glove compartment, center console, or seat pocket, regardless of whether said enclosed container, storage space, or compartment is locked, unlocked, or does not have a locking mechanism. No person or organization, public or private, shall prohibit a person from keeping a loaded or unloaded firearm or ammunition, or both, or other deadly weapon in a vehicle in accordance with the provisions of this subsection.



KRS:237.106
Right of employees and other persons to possess firearms in vehicle
--
Employer liable for denying right
--
Exceptions.
(1)
No person, including but not limited to an employer, who is the owner, lessee, or
occupant of real property shall prohibit any person who is legally entitled to possess
a firearm from possessing a firearm, part of a firearm, ammunition, or ammunition
component in a vehicle on the property.
(2)
A person, including but not limited to an employer, who owns, leases, or otherwise
occupies real property may prevent a person who is prohibited by state or federal
law from possessing a firearm or ammunition from possessing a firearm or
ammunition on the property.
(3)
A firearm may be removed from the vehicle or handled in the case of self
-
defense,defense of another, defense of property, or as authorized by the owner, lessee, or
occupant of the property.
(4)
An employer that fires, disciplines, demotes, or otherwise punishes an employee
who is lawfully exercising a right guaranteed by this section and who is engaging in
conduct in compliance with this statute shall be liable in civil damages. An
employee may seek and the court shall grant an injunction against an employer who
is violating the provisions of this section when it is found that the employee is in
compliance with the provisions of this section.
(5)
The provisions of this section shall not apply to any real property:
(a)
Owned, leased, or occupied by the United States government, upon which the
possession or carrying of firearms is prohi
bited or controlled;
(b)
Of a detention facility as defined in KRS 520.010; or
(c)
Where a section of the Kentucky Revised Statutes specifically prohibits
possession or carrying of firearms on the property.
Effective:
July 12, 2006
History:
Created 2006 Ky
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Minnesota doesn't designate between open and concealed carry, the permit required is for 'carry' which encompasses open and concealed so there are no differences in the law, to the best of my knowledge.
Arborigine,

As most entries state in the Attachment there is more info to be had. opencarry.org has info. You may want to look there.


Aceoky, I have that info in the RV/Car Carry section and the Parking Lot Storage Law on the KY Page at Handgunlaw.us Again I don't put the whole law but there is a direct link to the KY statutes that give that law.

Thank you both for your input. Very much appreciated.
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