Open Carry
Encyclopedia
In the United States
, open carry is shorthand terminology for "openly carrying a firearm
in public
", as distinguished from concealed carry
, where firearms cannot be seen by the casual observer.
The practice of open carry, where gun owners openly carry firearms while they go about their daily business, has seen an increase in the U.S. in recent years. This has been marked by a number of organized events intended to increase the visibility of open carry and public awareness about the practice.
Proponents of open carry point to history and statistics, noting that criminals usually conceal their weapons: The 2006 FBI study "Violent Encounters: A Study of Felonious Assaults on Our Nation's Law Enforcement Officers" by Anthony Pinizzotto revealed that criminals carefully conceal their firearms, and they eschew the use of holsters. Encouraged by groups like OpenCarry.org, GeorgiaCarry.org
and some participants of the Free State Project
, open carry has seen a revival in recent years, but it is not yet clear if this represents just a short-term trend.
The gun rights community has been mixed in its response. Alan Gottlieb
of the Second Amendment Foundation
and the NRA
have been cautious in expressing support, while special-interest groups such as the aforementioned OpenCarry.org and GeorgiaCarry.org, state-level groups such as the Texas State Rifle Association (TSRA), and certain national groups such as the Gun Owners of America (GOA) have been more outspoken in favor of the practice.
Open carry is strongly opposed by gun control groups such as the Brady Campaign
and the Coalition to Stop Gun Violence
.
, the laws concerning open carry vary by state
and sometimes by municipality.
Plain sight: Broadly defined as not being hidden from common observation; varies somewhat from state to state.
Preemption: In the context of open carry: the act of a state legislature passing laws which limit or eliminate the ability of local governments to regulate the possession or carrying of firearms.
Prohibited persons: People prohibited by law from carrying a firearm. Typical examples are felon
s, those convicted of a misdemeanor
of domestic violence
, those found to be addicted to alcohol or drugs
, and those who have been involuntarily committed to a mental institution.
Permissive open carry states: A state has passed full preemption of all firearms laws. They permit open carry to all non-prohibited citizens without permit or license. Open carry is lawful on foot and in a motor vehicle
. Shown on the map to the right as "Gold Star" states; the term carries a pro-gun bias, as gun-control advocacy groups like the Brady Center generally give these states very low "scores" on their own ratings systems.
Licensed open carry states: A state has passed full preemption of all firearms laws. They permit open carry of a handgun to all non-prohibited citizens once they have been issued a permit or license. Open carry of a handgun is lawful on foot and in a motor vehicle.
Anomalous open carry states: In these states, open carry of a handgun is generally lawful, but the state may lack preemption
or there may be other significant restrictions. Shown in the map legend as "Open Carry Friendly" states; the term is questionable as the limitations and/or lack of pre-emption means that certain of these states are, in their judicial system and law enforcement societies, not very "friendly" towards the practice.
Non-permissive open carry states: In these states, open carry of a handgun is not lawful, or is only lawful under such a limited set of circumstances that public carry is prohibited. Such limited circumstances may include when hunting, or while traveling to/from hunting locations, while on property controlled by the person carrying, or for lawful self-defense.
Six states and the District of Columbia fully prohibit the open carry of handguns. On the other side, twelve states permit open carry of a handgun without requiring the citizen to apply for any permit or license. Thirteen states require some form of permit (often the same permit as allows a person to carry concealed
), and the remaining seventeen states, though not prohibiting the practice in general, do not preempt local laws or law enforcement policies, and/or have significant restrictions on the practice, such as prohibiting it within the boundaries of an incorporated urban area. Illinois allows open carry in unincorporated areas and private property only.
As of August, 2009, four states that currently restrict open carry as a remnant of the post-Civil war Reconstruction era (Texas, South Carolina, Oklahoma and Arkansas) are considering making it again legal. A bill was drafted in the Texas Legislature for the 2009 session, but did not make it out of committee; proponents such as OpenCarry.org and the Texas State Rifle Association hope to reintroduce similar legislation in the 2011 session.
(2008), Justice Antonin Scalia
wrote concerning the entirety of the elements of the Second Amendment; "We find that they guarantee the individual right to possess and carry weapons in case of confrontation." However, Scalia continued, "Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose."
Forty-three states'
constitutions recognize and secure the right to keep and bear arms in some form, and none of those prohibit the open carrying of firearms. Five state constitutions provide that the state legislature may regulate the manner of carrying or bearing arms, and advocates argue that none rule out open carry specifically. Nine states' constitutions indicate that the concealed carrying of firearms may be regulated and/or prohibited by the state legislature. Open carry advocates argue that, by exclusion, open carrying of arms may not be legislatively controlled in these states. But this is not settled law.
Section 1.7 of Kentucky's state constitution only empowers the state to enact laws prohibiting "concealed carry".
the exception in Federal law is only applicable to permit holders while in the State that physically issued their permit, and does not exempt people with out-of-state permits, even when their permit is recognized through State reciprocity agreements. BATFE letter explaining reciprocity of CCW permit holders and how it applies to Gun-Free School Zones.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, open carry is shorthand terminology for "openly carrying a firearm
Firearm
A firearm is a weapon that launches one, or many, projectile at high velocity through confined burning of a propellant. This subsonic burning process is technically known as deflagration, as opposed to supersonic combustion known as a detonation. In older firearms, the propellant was typically...
in public
Public
In public relations and communication science, publics are groups of individuals, and the public is the totality of such groupings. This is a different concept to the sociological concept of the Öffentlichkeit or public sphere. The concept of a public has also been defined in political science,...
", as distinguished from concealed carry
Concealed carry
Concealed carry, or CCW , refers to the practice of carrying a handgun or other weapon in public in a concealed manner, either on one's person or in proximity.-In Canada:...
, where firearms cannot be seen by the casual observer.
The practice of open carry, where gun owners openly carry firearms while they go about their daily business, has seen an increase in the U.S. in recent years. This has been marked by a number of organized events intended to increase the visibility of open carry and public awareness about the practice.
Proponents of open carry point to history and statistics, noting that criminals usually conceal their weapons: The 2006 FBI study "Violent Encounters: A Study of Felonious Assaults on Our Nation's Law Enforcement Officers" by Anthony Pinizzotto revealed that criminals carefully conceal their firearms, and they eschew the use of holsters. Encouraged by groups like OpenCarry.org, GeorgiaCarry.org
GeorgiaCarry.org
GeorgiaCarry.org, is a state-level, grassroots guns-rights organization that is dedicated to preserving and protecting the rights of its members to keep and bear arms that are protected by the Second Amendment to the United States Constitution and Paragraph VIII of the Constitution of the State of...
and some participants of the Free State Project
Free State Project
The Free State Project is a political movement, founded in 2001, to recruit at least 20,000 libertarian-leaning people to move to New Hampshire in order to make the state a stronghold for libertarian ideas....
, open carry has seen a revival in recent years, but it is not yet clear if this represents just a short-term trend.
The gun rights community has been mixed in its response. Alan Gottlieb
Alan Gottlieb
Alan Merril Gottlieb is an American author, conservative political activist, and businessman.-Personal:He was born a first child to Seymour and Sherry Gottlieb on May 2, 1947 in Los Angeles. Gottlieb graduated from the University of Tennessee in the summer of 1971, after a five year course, with a...
of the Second Amendment Foundation
Second Amendment Foundation
The Second Amendment Foundation or SAF is an educational- and legal-defense organization which describes its mission as “promoting a better understanding about our constitutional heritage to privately own and possess firearms...
and the NRA
National Rifle Association
The National Rifle Association of America is an American non-profit 501 civil rights organization which advocates for the protection of the Second Amendment of the United States Bill of Rights and the promotion of firearm ownership rights as well as marksmanship, firearm safety, and the protection...
have been cautious in expressing support, while special-interest groups such as the aforementioned OpenCarry.org and GeorgiaCarry.org, state-level groups such as the Texas State Rifle Association (TSRA), and certain national groups such as the Gun Owners of America (GOA) have been more outspoken in favor of the practice.
Open carry is strongly opposed by gun control groups such as the Brady Campaign
Brady Campaign
The Brady Campaign to Prevent Gun Violence and the Brady Center to Prevent Gun Violence are affiliated non-profit organizations in the United States. They are named after James Brady who was permanently disabled as a result of an assassination attempt on U.S. President Ronald Reagan in 1981...
and the Coalition to Stop Gun Violence
Coalition to Stop Gun Violence
The Coalition to Stop Gun Violence , and the Educational Fund to Stop Gun Violence , its sister organization, are two parts of a national, non-profit gun control advocacy organization.-History:...
.
Jurisdictions in the United States
In the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, the laws concerning open carry vary by state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
and sometimes by municipality.
Definitions
Open carry: The act of publicly carrying a loaded firearm on one's person in plain sight.Plain sight: Broadly defined as not being hidden from common observation; varies somewhat from state to state.
Preemption: In the context of open carry: the act of a state legislature passing laws which limit or eliminate the ability of local governments to regulate the possession or carrying of firearms.
Prohibited persons: People prohibited by law from carrying a firearm. Typical examples are felon
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
s, those convicted of a misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
of domestic violence
Domestic violence
Domestic violence, also known as domestic abuse, spousal abuse, battering, family violence, and intimate partner violence , is broadly defined as a pattern of abusive behaviors by one or both partners in an intimate relationship such as marriage, dating, family, or cohabitation...
, those found to be addicted to alcohol or drugs
Substance dependence
The section about substance dependence in the Diagnostic and Statistical Manual of Mental Disorders does not use the word addiction at all. It explains:...
, and those who have been involuntarily committed to a mental institution.
Categories of law
Today in the United States, the laws vary from state to state regarding open carry of firearms. The categories are defined as follows:Permissive open carry states: A state has passed full preemption of all firearms laws. They permit open carry to all non-prohibited citizens without permit or license. Open carry is lawful on foot and in a motor vehicle
Motor vehicle
A motor vehicle or road vehicle is a self-propelled wheeled vehicle that does not operate on rails, such as trains or trolleys. The vehicle propulsion is provided by an engine or motor, usually by an internal combustion engine, or an electric motor, or some combination of the two, such as hybrid...
. Shown on the map to the right as "Gold Star" states; the term carries a pro-gun bias, as gun-control advocacy groups like the Brady Center generally give these states very low "scores" on their own ratings systems.
Licensed open carry states: A state has passed full preemption of all firearms laws. They permit open carry of a handgun to all non-prohibited citizens once they have been issued a permit or license. Open carry of a handgun is lawful on foot and in a motor vehicle.
Anomalous open carry states: In these states, open carry of a handgun is generally lawful, but the state may lack preemption
Preemption (law)
-Legal:*Federal preemption, displacement of U.S. state law by U.S. Federal law*"Preemption" is also sometimes used in the United States to refer to the displacing effect state laws might have on ordinances enacted by municipalities, especially in the context of alcoholic beverage laws, gun laws,...
or there may be other significant restrictions. Shown in the map legend as "Open Carry Friendly" states; the term is questionable as the limitations and/or lack of pre-emption means that certain of these states are, in their judicial system and law enforcement societies, not very "friendly" towards the practice.
Non-permissive open carry states: In these states, open carry of a handgun is not lawful, or is only lawful under such a limited set of circumstances that public carry is prohibited. Such limited circumstances may include when hunting, or while traveling to/from hunting locations, while on property controlled by the person carrying, or for lawful self-defense.
Six states and the District of Columbia fully prohibit the open carry of handguns. On the other side, twelve states permit open carry of a handgun without requiring the citizen to apply for any permit or license. Thirteen states require some form of permit (often the same permit as allows a person to carry concealed
Concealed carry
Concealed carry, or CCW , refers to the practice of carrying a handgun or other weapon in public in a concealed manner, either on one's person or in proximity.-In Canada:...
), and the remaining seventeen states, though not prohibiting the practice in general, do not preempt local laws or law enforcement policies, and/or have significant restrictions on the practice, such as prohibiting it within the boundaries of an incorporated urban area. Illinois allows open carry in unincorporated areas and private property only.
As of August, 2009, four states that currently restrict open carry as a remnant of the post-Civil war Reconstruction era (Texas, South Carolina, Oklahoma and Arkansas) are considering making it again legal. A bill was drafted in the Texas Legislature for the 2009 session, but did not make it out of committee; proponents such as OpenCarry.org and the Texas State Rifle Association hope to reintroduce similar legislation in the 2011 session.
Constitutional implications
Open carry has never been ruled out as a right under the Second Amendment of the U.S. Constitution by any court. In the majority opinion in the case of District of Columbia v. HellerDistrict of Columbia v. Heller
District of Columbia v. Heller, 554 U.S. 570 , was a landmark case in which the Supreme Court of the United States held that the Second Amendment to the United States Constitution protects an individual's right to possess a firearm for traditionally lawful purposes in federal enclaves, such as...
(2008), Justice Antonin Scalia
Antonin Scalia
Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...
wrote concerning the entirety of the elements of the Second Amendment; "We find that they guarantee the individual right to possess and carry weapons in case of confrontation." However, Scalia continued, "Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose."
Forty-three states'
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
constitutions recognize and secure the right to keep and bear arms in some form, and none of those prohibit the open carrying of firearms. Five state constitutions provide that the state legislature may regulate the manner of carrying or bearing arms, and advocates argue that none rule out open carry specifically. Nine states' constitutions indicate that the concealed carrying of firearms may be regulated and/or prohibited by the state legislature. Open carry advocates argue that, by exclusion, open carrying of arms may not be legislatively controlled in these states. But this is not settled law.
Section 1.7 of Kentucky's state constitution only empowers the state to enact laws prohibiting "concealed carry".
Open carry demonstrations and events
- May 2, 1967 openly armed members of the Black Panther PartyBlack Panther PartyThe Black Panther Party wasan African-American revolutionary leftist organization. It was active in the United States from 1966 until 1982....
marched on the California State capitol in opposition to the Mulford ActMulford ActThe Mulford Act was a 1967 California bill prohibiting the public carrying of loaded firearms. Named after assemblyman Don Mulford, the bill garnered national attention after the Black Panthers marched on the California Capitol to protest the bill. The bill was signed by California Governor Ronald...
prohibiting the public carrying of loaded firearms. The act had been prompted by the Panthers patrolling with shotguns.
- On June 16, 2000, the New Black Panther Party along with the National Black United Front and the New Black Muslim Movement protested the death sentencing conviction of Gary GrahamShaka SankofaShaka Sankofa was a Texas death-row inmate who was sentenced to death at the age of 18 for the murder of fifty-three year-old Bobby Grant Lambert in Houston, Texas on May 13, 1981...
, by openly carrying shotguns and rifles at the Texas Republican National convention in Houston, TexasHouston, TexasHouston is the fourth-largest city in the United States, and the largest city in the state of Texas. According to the 2010 U.S. Census, the city had a population of 2.1 million people within an area of . Houston is the seat of Harris County and the economic center of , which is the ...
.
- In 2003, gun rights supporters in Ohio used a succession of Open Carry "Defense Walks" attempting to persuade the Governor to sign concealed carry legislation into law.
- The legality of open carry of certain firearms in Virginia was reaffirmed after several 2004 incidents in which citizens openly carrying firearms were confronted by local law enforcement. The Virginia law prohibits the open carry, in certain localities, of any semiautomatic weapon holding more than 20 rounds or a shotgun that holds more than seven rounds, without a concealed carry permit.
- In 2008, Clachelle and Kevin Jensen, of Utah, were photographed together openly carrying handguns in the Salt Lake City International AirportSalt Lake City International AirportSalt Lake City International Airport is a major public airport in Utah. A joint civil-military facility, it is located in western Salt Lake City, approximately four miles from the central business district...
near a "no weapons" sign. The photo led to an article in The Salt Lake TribuneThe Salt Lake TribuneThe Salt Lake Tribune is the largest-circulated daily newspaper in the U.S. city of Salt Lake City. It is distributed by Newspaper Agency Corporation, which also distributes the Deseret News. The Tribune — or "Trib," as it is locally known — is currently owned by the Denver-based MediaNews Group....
about the airports preempted "no weapons" signs. After a few weeks, the city removed the unlawful signs.
- In 2008, Staff SergeantStaff SergeantStaff sergeant is a rank of non-commissioned officer used in several countries.The origin of the name is that they were part of the staff of a British army regiment and paid at that level rather than as a member of a battalion or company.-Australia:...
Zachary Nelson Mead was detained in Richmond County, GeorgiaRichmond County, GeorgiaRichmond County is a county located in the U.S. state of Georgia. It is one of the original counties of Georgia, created February 5, 1777. As of 2010, the population was 200,549. The 2007 Census Estimate showed a population of 199,486....
for openly carrying a firearm. The firearm was seized by Deputy Kadum Townsend. The organization GeorgiaCarry.orgGeorgiaCarry.orgGeorgiaCarry.org, is a state-level, grassroots guns-rights organization that is dedicated to preserving and protecting the rights of its members to keep and bear arms that are protected by the Second Amendment to the United States Constitution and Paragraph VIII of the Constitution of the State of...
filed a lawsuit on behalf of Staff Sergeant Mead. The court declared that the seizure was a violation of the Fourth Amendment to the United States ConstitutionFourth Amendment to the United States ConstitutionThe Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause...
, awarded court costs and attorney fees to Mead, and dismissed the remaining charges with prejudice.
- In 2008, Brad Krause of West Allis, WisconsinWest Allis, WisconsinWest Allis is a city in Milwaukee County, Wisconsin, United States. It is part of the Milwaukee metropolitan area. The population was 61,254 at the 2000 census. Its name derives from Edward P. Allis, who started the Allis-Chalmers Manufacturing Company in the 19th century. The site of the town was...
was arrested by police for alleged disorderly conduct while openly carrying a firearm while planting a tree on his property. A court later acquitted him of the disorderly conduct charge, observing in the process that in Wisconsin there is no law dealing with the issue of unconcealed weapons.
- On April 20, 2009, Wisconsin Attorney General J.B. Van Hollen issued a memorandum to district attorneys stating that open carry was legal and in and of itself does not warrant a charge of disorderly conduct. Milwaukee police chief Ed Flynn instructed his officers to take down anyone with a firearm, take the gun away, and then determine if the individual could legally carry it until they could make sure the situation is safe.
- On May 31, 2009, Washington OpenCarry members held an open carry protest picnic at Silverdale's Waterfront Park, a county park. Attendees openly carried handguns in violation of posted regulations prohibiting firearms at the park. Kitsap countyKitsap County, WashingtonKitsap County is a county located in the U.S. state of Washington, named after Chief Kitsap of the Suquamish tribe. As of 2011 state estimate, its population was 253,900. Its county seat is at Port Orchard, and its largest city is Bremerton....
Sheriff's deputies were on hand, in part to explain to the public why they weren't enforcing the park's posted gun ban. Washington state law allows the open carrying of firearms and specifically preempts local ordinances more restrictive than the state's. Kitsap County has left its parks gun ban on the books and continues to publicly post it with other park regulations. Because the law is not practically enforceable, there has been confusion among gun owners as to whether open carry will be tolerated.
- In July 2009, an open carry event organized by OpenCarry.org took place at Pacific Beach, San Diego, CaliforniaCaliforniaCalifornia is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
, where citizens carrying unloaded pistols and revolvers were subjected to Section 12031(e) inspections of their firearms on demand by police officers. The officers were obviously well-briefed on the details of the law, which allows Californians to openly carry only unloaded guns and allows carry of loaded magazines and speedloaderSpeedloaderA speedloader is a device used for loading a firearm or firearm magazine that will run out of ammunition very quickly. Generally, speedloaders are used for loading all chambers of a revolver simultaneously, although speedloaders are also used for the loading of fixed tubular magazines of shotguns...
s.
- On August 11, 2009, William Kostric, a New Hampshire resident, Free State ProjectFree State ProjectThe Free State Project is a political movement, founded in 2001, to recruit at least 20,000 libertarian-leaning people to move to New Hampshire in order to make the state a stronghold for libertarian ideas....
participant, and former member of We The People http://www.givemeliberty.org/'s Arizona Chapter, was seen carrying a loaded handgun openly in a holster while participating in a rally outside a town hall meeting hosted by PresidentPresidentA president is a leader of an organization, company, trade union, university, or country.Etymologically, a president is one who presides, who sits in leadership...
Barack ObamaBarack ObamaBarack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
at Portsmouth High SchoolPortsmouth High School (New Hampshire)Portsmouth High School is a public high school located in Portsmouth, New Hampshire with a current enrollment of approximately 1,100. Accredited by the New England Association of Colleges and Secondary Schools and the State of New Hampshire, the school serves the communities of Portsmouth, Rye,...
in New HampshireNew HampshireNew Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian...
. Kostric never attempted to enter the school, but rather stood some distance away on the private property of a nearby church, where he had permission to be. He held up a sign that read, "It's Time to Water the Tree of Liberty!".
- On August 16, 2009, "about a dozen" people were noted by police to be openly carrying firearms at a health care rally across the street from a Veterans of Foreign Wars Convention in the Phoenix Convention CenterPhoenix Convention CenterThe Phoenix Convention Center, in the heart of Downtown Phoenix, has been hosting national and regional conventions and trade shows as well as consumer events and theatrical productions since it opened in 1972...
, where President Barack Obama was giving an address. While the Secret Service was "very much aware" of these individuals, Arizona law does not prohibit open carry. No crimes were committed by these protesters, and no arrests were made. In an interview with Fox News, commentator James Wesley RawlesJames Wesley RawlesJames Wesley, Rawles is a New York Times best-selling survivalist-fiction author, blogger, and survival retreat consultant. Rawles is a Christian conservative. He is the editor of SurvivalBlog.com, a blog on survival and preparedness topics...
characterized the Phoenix protesters as "merely exercising a pre-existing right". When he was asked about open carry, "but...without a permit?" Rawles opined, "We have a permit--it is called the Second AmendmentSecond Amendment to the United States ConstitutionThe Second Amendment to the United States Constitution is the part of the United States Bill of Rights that protects the right of the people to keep and bear arms. It was adopted on December 15, 1791, along with the rest of the Bill of Rights.In 2008 and 2010, the Supreme Court issued two Second...
."
- On January 30, 2010 Members of Michigan Open Carry were eating at a local Ponderosa Steakhouse in Lansing, MichiganLansing, MichiganLansing is the capital of the U.S. state of Michigan. It is located mostly in Ingham County, although small portions of the city extend into Eaton County. The 2010 Census places the city's population at 114,297, making it the fifth largest city in Michigan...
when the local police department came and forced the citizens to leave. A person rumored to be a United States Marine was carrying an AR-15AR-15The AR-15 is a lightweight, 5.56 mm, air-cooled, gas-operated, magazine-fed semi-automatic rifle, with a rotating-lock bolt, actuated by direct impingement gas operation. It is manufactured with the extensive use of aluminum alloys and synthetic materials....
at this open carry event. A brief verbal argument ensued between the leader of the open carry group and the Lansing Police Department. No arrests were made; some of the law enforcement officers at the scene were given reprimands for their actions arising from the incident.
- In May 2010, Jesus C. GonzalezJesus C. GonzalezJesus C. Gonzalez is a Milwaukee, Wisconsin man known for a gun rights civil lawsuit, as well as being convicted of a reckless homicide shooting.- Open Carry Lawsuits :Until November, 2011, Wisconsin was an Open Carry state for the purposes of gun control...
was arrested for homicide in a shooting which occurred while carrying. Gonzalez was involved in two prior arrests for disorderly conduct, based on his open carry practice. He filed a lawsuit claiming fourth and fourteenth amendment violations. His suit was dismissed, and is currently on appeal. Gonzalez was convicted on lesser charges for the homicide.
Federal Gun Free School Zones Act of 1995
The Federal Gun Free School Zone Act of 1995 limits where a person may legally carry a firearm by generally prohibiting carry within one-thousand (1000) feet of the property-line of any K-12 school in the nation with private property excluded. A State-issued permit to carry may exempt a person from this restriction depending on the laws of the State, and most issuing States qualify for this exception. However, according to BATFEBureau of Alcohol, Tobacco, Firearms and Explosives
The Bureau of Alcohol, Tobacco, Firearms and Explosives is a federal law enforcement organization within the United States Department of Justice...
the exception in Federal law is only applicable to permit holders while in the State that physically issued their permit, and does not exempt people with out-of-state permits, even when their permit is recognized through State reciprocity agreements. BATFE letter explaining reciprocity of CCW permit holders and how it applies to Gun-Free School Zones.
See also
- Concealed carryConcealed carryConcealed carry, or CCW , refers to the practice of carrying a handgun or other weapon in public in a concealed manner, either on one's person or in proximity.-In Canada:...
- Concealed carry in the United States
- Gun politicsGun politicsGun politics addresses safety issues and ideologies related to firearms through criminal and noncriminal use. Gun politics deals with rules, regulations, and restrictions on the use, ownership, and distribution of firearms.-National sovereignty:...
- Gun politics in the US
- Gun laws in the United States (by state)
- Gun-free zone
External links
- Alabama Open Carry - Alabama open carry laws, documents & tools, and user forums on open carry
- OpenCarry.org - site with state-by-state maps of open carry laws; and user forums on open carry
- LaOpenCarry.org - Louisiana Open Carry Awareness League
- California Open Carry
- Responsible Citizens of California - A "Right-to-Carry" Non-Profit political organization
- Nor Cal Open Carry - Northern California Open Carry Group
- South Bay Open Carry - Southern California Open Carry Group
- Michigan Open Carry Inc. - Covering everything Open Carry in Michigan
- Strengthen gun laws, or weaken them?
- Kids book on open carry - Great source on open carry info