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Thread: OCC....Open Carry Confusion/ Can Non-Residents OC in Idaho,Wyoming, Montana ?

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    Talking OCC....Open Carry Confusion/ Can Non-Residents OC in Idaho,Wyoming, Montana ?

    Am new to OpenCarry.org. Recently took Utah's CCW course and got instructor's stamp but permit won't be approved by BCI til late Oct.

    Will be traveling around Yellowstone in the next couple weeks and want to OC since I can't CC yet. In reading up on open carry laws for Wyoming, Idaho and Montana, and have come across confusing verbiage about OC in these states. It seems like unrestricted OC is allowable in each state, but some of what I have refers to residents, and I'm not clear if non-residents can also OC in these states?

    If OC is allowable for non-rez, please let me know if it's UOC or LOC in these states, and how each of these states define unloaded carry? In Utah unloaded means at least two actions needed to fire, so a semi-auto can have full mag in as long as a round is not chambered, leaving the two actions of chambering, then pulling the trigger.

    Thanks in advance for your help!

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    Quote Originally Posted by RockyMtnTraveler View Post
    Am new to OpenCarry.org. Recently took Utah's CCW course and got instructor's stamp but permit won't be approved by BCI til late Oct.

    Will be traveling around Yellowstone in the next couple weeks and want to OC since I can't CC yet. In reading up on open carry laws for Wyoming, Idaho and Montana, and have come across confusing verbiage about OC in these states. It seems like unrestricted OC is allowable in each state, but some of what I have refers to residents, and I'm not clear if non-residents can also OC in these states?

    If OC is allowable for non-rez, please let me know if it's UOC or LOC in these states, and how each of these states define unloaded carry? In Utah unloaded means at least two actions needed to fire, so a semi-auto can have full mag in as long as a round is not chambered, leaving the two actions of chambering, then pulling the trigger.

    Thanks in advance for your help!

    Hey Rocky, now its probably a good idea to wait to hear from someone more well informed than I. But I live in Idaho, and to my knowledge our OC laws are legal the moment anybody crosses the border. PLEASE wait for a more informed individual to give you legitimate advice. But personally I think that OC laws apply to anybody regardless of residency. Much as your CWP will be honored in Idaho and many other states.

    I took my CWP class several months ago, just haven't been able to get the $100 to purchase it. When I finished the class they gave me a piece of paper that showed what states would honor the permit. Nearly every state on I-80 from Idaho to Nebraska would honor it. So its my impression is that as long as its an "open carry" state, you're free to do so =)

    I even asked my father who was involved with some law enforcement back in the day. He thinks the same thing, but just for safe measures, wait for more replies =)

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    Campaign Veteran slapmonkay's Avatar
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    You should be good for OC in both MT and WA. For more details I would suggest looking at the individual states sub-forums. Both MT and WA have sticky threads with general summary of laws you will have to abide by within that state.

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    Hey hi Deliveryboi. Thanks for your reply and help. I'm in almost the same boat as you getting my CCW permit, though in Utah it's about $60, so a little more tolerable if you don't calculate in the cost of the CCW permit course ...paid $25, but have seen it as high as $89. A couple more OC's responded and confirm what you said, so good effort on your part! Thanks again. RockyMtnTraveler

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    Quote Originally Posted by NavyLCDR View Post
    I have to ask.... what verbiage about OC in Wyoming, Idaho and Montana laws? OC is legal...l[/URL]
    Hi NavyLCDR. Thanks much for your reply.

    I took a look at the statutes in those states' and as you noted OC is legal for the most part by way of omission, but it's also referenced in an off-hand way by describing loaded / unloaded status, transportation requirements, etc. Basically it seems like an incomplete area of the law because they do mention things like transportation and load status, but do not define terms in a clear way. Utah is very clear about defining those terms and OC in general.

    My confusion about non-resident/travel was that in reading the CC statutes for other states I saw the word "residents", which I think I first read on a website for the ID atty general, which isn't necessarily a statute, but somewhere you'd rely on for help interpreting the law. It's much the same for Utah where I'm from. CC laws are addressed with respect to residents, and to honoring CC permit holders from other states, but they don't specify anything about residency as to OC.

    It's easy to think "if they don't mention it, then it's legal." But I've had some pretty strange encounters with overzealous police officers about things far less significant than carry, and frequently they have less grasp of the law one might expect, and their ignorance in authority has cost me time, money, and grief. My concern as a traveling non-resident practicing OC is that I might run into an overzealous cop who chooses to interpret the law for residents, and either cites me some obscure law about non-residents, or confiscates my sidearm, and that would suck. Just in case it would be nice if I could cite a specific statute # and the law from whichever state I'm in.

    thanks again, RockyMtnTraveler

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    Quote Originally Posted by slapmonkay View Post
    You should be good for OC in both MT and WA. For more details I would suggest looking at the individual states sub-forums. Both MT and WA have sticky threads with general summary of laws you will have to abide by within that state.

    Welcome to the forums!
    Hi SlapM. Thanks for your friendly greeting. I took a look at some of the state specific threads and got some good info, but also kind of hit some dead ends. Like you Some posters pointed out that some states are cool with OC,but in reading their statues - like Idaho, they do have rules about it, like loaded/unloaded, etc. But they don't define what they mean. Here in Utah where I'm from you can OC, but not loaded unless you are a CCW permit holder.

    But, in Utah the statutes define loaded as taking two actions, without a round already chambered. That means rack, and pull the trigger. However, in other states you can OC unloaded, or transport in a car unloaded, but that may mean you cannot even have a mag in the firearm. It would be nice if they could tighten things up so there's no confusion if you got into a debate with a cop about what you think loaded means.

    thanks again,

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    No state which allows residents to open carry without a license, limits non-residents' ability to open carry.

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    Quote Originally Posted by Mike View Post
    No state which allows residents to open carry without a license, limits non-residents' ability to open carry.
    +1

    And NC also recognizes every state's concealed permits.
    Last edited by bc.cruiser; 10-05-2012 at 09:59 PM.

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