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Thread: Reconsider gold star status

  1. #1
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    I'm carrying this over from a thread reading Ohio, in which Mike stated that

    under our current evaluation scheme to be a Gold Star Open Carry State, state preemption must be very strong, and no p[ermit can be required to carry opernly in public, including vehicles; you remain orange (anomolous open carry state) statuslike PA.
    Mike, in that case you might want to consider revoking the gold star for Montana. Here's your own description on Montana:

    Montana is a traditional open carry state. Localities are substantially preempted, but have limited power to prevent and suppress the carrying of concealed or unconcealed weapons to a public assembly, publicly owned building, park under its jurisdiction, or school, and the possession of firearms by convicted felons, adjudicated mental incompetents, illegal aliens, and minors.

    Your own description you have shown that Montana has weak pre-emption.

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    Ohio has complete preemption for permit holders only.To open carry in a car, you have to have a permit. You need no permit to do these things in Montana.

    Matt

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    What is the relevant statute for OH preemption, as amended by HB 347 - I thought that bill establioshed 100% carry preemption.

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    44Brent wrote:
    I'm carrying this over from a thread reading Ohio, in which Mike stated that

    under our current evaluation scheme to be a Gold Star Open Carry State, state preemption must be very strong, and no p[ermit can be required to carry opernly in public, including vehicles; you remain orange (anomolous open carry state) statuslike PA.
    Mike, in that case you might want to consider revoking the gold star for Montana. Here's your own description on Montana:

    Montana is a traditional open carry state. Localities are substantially preempted, but have limited power to prevent and suppress the carrying of concealed or unconcealed weapons to a public assembly, publicly owned building, park under its jurisdiction, or school, and the possession of firearms by convicted felons, adjudicated mental incompetents, illegal aliens, and minors.

    Your own description you have shown that Montana has weak pre-emption.
    Well, it may be a close call then in MT. But we have other close calls - WV for example appears to allow for grandfathered local bans on open carry - but we cna;t find any localities having such bans, so we leave them Gold Star.

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    Mike wrote:
    WV for example appears to allow for grandfathered local bans on open carry - but we cna;t find any localities having such bans, so we leave them Gold Star.
    Mike, don't take this as me doubting you in any way but could you please post a link to the WV preemption, I've never actually seen it and can't seem to find it. I'm just curious and would like to actually see it. It's probably right in front of me and I just cant find it. Thanks.

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    Mike, will you consider updating the language on the Montana page to incorporate your comments that you are unaware of any municipalities that have availed themselves of the "right" to pass restrictive ordinances? More information is probably better than less information.

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    44Brent wrote:
    Mike, will you consider updating the language on the Montana page to incorporate your comments that you are unaware of any municipalities that have availed themselves of the "right" to pass restrictive ordinances? More information is probably better than less information.
    I was talking about WV.

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    badmonkey wrote:
    Mike wrote:
    WV for example appears to allow for grandfathered local bans on open carry - but we cna;t find any localities having such bans, so we leave them Gold Star.
    Mike, don't take this as me doubting you in any way but could you please post a link to the WV preemption, I've never actually seen it and can't seem to find it. I'm just curious and would like to actually see it. It's probably right in front of me and I just cant find it. Thanks.
    OCDO links generally to Packing.org for state specific summaries and authorities on carry generally (i.e., possession bans, preemption, etc.). PDO is down right now, so I can't tell if PDO answers your questionj.

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    Mike wrote:
    badmonkey wrote:
    Mike wrote:
    WV for example appears to allow for grandfathered local bans on open carry - but we cna;t find any localities having such bans, so we leave them Gold Star.
    Mike, don't take this as me doubting you in any way but could you please post a link to the WV preemption, I've never actually seen it and can't seem to find it. I'm just curious and would like to actually see it. It's probably right in front of me and I just cant find it. Thanks.
    OCDO links generally to Packing.org for state specific summaries and authorities on carry generally (i.e., possession bans, preemption, etc.). PDO is down right now, so I can't tell if PDO answers your questionj.
    I found it, thanks!

  10. #10
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    Mike wrote:
    What is the relevant statute for OH preemption, as amended by HB 347 - I thought that bill establioshed 100% carry preemption.
    Don't know the statute but I can tell you it doesn't affect loaded carry in a vehicle w/o a license. That has always been illegal. Before our CHL law there was an affirmative defense for it, but not any more.

    I also heard from Buckeye Firearms Association's legal director, Ken Hanson, that our CHL bill also futzed up unloaded carry to the point that it is now illegal to transport an unloaded firearm in a vehicle (it would be considered concealing it, etc.).

    All this to say that our new statewide preemption does not affect licenseless car carry. That is still illegal, so unfortunately we will stay "orange" according to your standards.

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