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Thread: OCing & state residency

  1. #1
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    Are there any states that allow OC but limit it to only the actual residents of that state ?

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    Don't think there is.

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    northstar65 wrote:
    Are there any states that allow OC but limit it to only the actual residents of that state ?
    How would they do that? Geben Sie mir Ihre Papiere!

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    Ich habe meine Papier im das Haus vergessen!! Es tut mir leid.

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    Mein Gott! Der Hund aß meine Papiere.

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    it depends on a few factors.

    Lets use Michigan for example, (a weird one at that) Michigan residents can O-C with or without a concealed permit. Non-residents can also O-C in Michigan as long as they have some sort of a 'Carry-Permit" or approval from the government from their home state. But there is no specific law in their books that states a non-resident without a carry license or permission slip of some sort from their own state cannot carry.
    So with Doug and I being WI residents that can O-C in our own state, we cannot O-C in MI, But an Illinois resident can, becuase they are required to have a FOID-Card (Firearm Owners Identification Card) from their home state.


    I have spoke with the MI state Police, I have spoke with members of Michigan Open-Carry and several others on this too.
    if I had free legal representation, I would be willing to be a test case due to my close proximity to MI. The federal, and WI state constitution is my carry permit!



    it is screwed up to say the least.

  7. #7
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    Maybe not. See the discussion on Michigan open carry in Recent.

    Nutczak wrote:
    it depends on a few factors.

    Lets use Michigan for example, (a weird one at that) Michigan residents can O-C with or without a concealed permit. Non-residents can also O-C in Michigan as long as they have some sort of a 'Carry-Permit" or approval from the government from their home state. But there is no specific law in their books that states a non-resident without a carry license or permission slip of some sort from their own state cannot carry.
    So with Doug and I being WI residents that can O-C in our own state, we cannot O-C in MI, But an Illinois resident can, becuase they are required to have a FOID-Card (Firearm Owners Identification Card) from their home state.


    I have spoke with the MI state Police, I have spoke with members of Michigan Open-Carry and several others on this too.
    if I had free legal representation, I would be willing to be a test case due to my close proximity to MI. The federal, and WI state constitution is my carry permit!



    it is screwed up to say the least.

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    Master Doug Huffman wrote:
    Mein Gott! Der Hund aß meine Papiere.
    "Oh No!! He Wiped his @$$ with my paper!"
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

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    Master Doug Huffman wrote:
    How would they do that? Geben Sie mir Ihre Papiere!
    Yes, Nutz, to do that, the cops would have to accost open carriers and demand their residency papers to prove that a crime was not being committed. OCing would become reasonable articulable suspicion of the crime of non-residential carrying.

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    wrightme wrote:
    Master Doug Huffman wrote:
    Mein Gott! Der Hund aß meine Papiere.
    "Oh No!! He Wiped his @$$ with my paper!"
    Oh Nr.!! Er wischte seinen Esel mit meinen Papieren ab.

    http://babelfish.yahoo.com/translate_txt

  11. #11
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    There has been some discussion on this topic on the WV section, regarding the WV State Police's "interpretation" of OC, vs the WV Attorney General's reading of the law.

    Apparently, the WV-AG published a brochure that says it's OK for WV residents to OC, and the WV SP has taken to interpreting that to mean that if you're a non-resident they can harass you for OC.

    However, there is no statute on the books in WV prohibiting non-residents from OC.

    Technically, it is legal for ANYONE to OC in WV (as long as you are legal to purchase and possess a firearm). But the WV SP have been butting heads with the WV-AG on this "interpretation" for a few years. Now that the OC movement is gaining support, and more people are OCing in WV, including travelers from other nearby OC-friendly states like VA, NC, and PA, this item has come to the attention of the WV AG, an they are trying to clear it up. Reactions have been varied. Some folks on this forum (me included) have OC'd in WV as non-residents with no hassle at all. Others have not been as lucky...

    As always, if you have a CC permit in your home state, that usually mkes things a lot easier. But as far as I can tell, the WV SP are still "interpreting" this as a resident-only privilege. But the statutry law is on our side, and the AG seems to be as well...
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggressionand this is hogwash."
    --Barry Goldwater, 1964

  12. #12
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    Dreamer wrote:
    There has been some discussion on this topic on the WV section, regarding the WV State Police's "interpretation" of OC, vs the WV Attorney General's reading of the law.

    Apparently, the WV-AG published a brochure that says it's OK for WV residents to OC, and the WV SP has taken to interpreting that to mean that if you're a non-resident they can harass you for OC.

    However, there is no statute on the books in WV prohibiting non-residents from OC.

    Technically, it is legal for ANYONE to OC in WV (as long as you are legal to purchase and possess a firearm). But the WV SP have been butting heads with the WV-AG on this "interpretation" for a few years. Now that the OC movement is gaining support, and more people are OCing in WV, including travelers from other nearby OC-friendly states like VA, NC, and PA, this item has come to the attention of the WV AG, an they are trying to clear it up. Reactions have been varied. Some folks on this forum (me included) have OC'd in WV as non-residents with no hassle at all. Others have not been as lucky...

    As always, if you have a CC permit in your home state, that usually mkes things a lot easier. But as far as I can tell, the WV SP are still "interpreting" this as a resident-only privilege. But the statutry law is on our side, and the AG seems to be as well...
    There is zero legal basis for any claim that WV law distinguishes between residents & nonresidents regarding OC.

    We do have a separate OC law problem in the form of the legal minefield known as W.Va. Code §§ 20-2-5 and 6a. However, this problem affects both residents and nonresidents alike. HB 3333, whichwill be carried over to 2010,would fix this problem.
    James M. "Jim" Mullins, Jr., Esq.
    Admitted to practice in West Virginia and Florida.

    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
    Life Member, NRA

  13. #13
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    hopefully it will be fixed this year. WV is my home state and the wife is from there as well. We travel back to visit the folk at least half a dozen times a year. I'd like to not have to worry about open carry in general and open or concealed carry in a motor vehicle.

  14. #14
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    6L6GC wrote:
    hopefully it will be fixed this year. WV is my home state and the wife is from there as well. We travel back to visit the folk at least half a dozen times a year. I'd like to not have to worry about open carry in general and open or concealed carry in a motor vehicle.
    W.Va. Code § 20-2-6a, which was enacted in 2002,exempted concealed carry by CHL holders from the plethora of Chapter 20 firearm rules, so CC in a vehicle is fine. However, OC remains a legal minefield.

    HB 3333 methodically revises all the Chapter 20 firearm rules to apply only to rifles & shotguns (instead of all firearms) and exempts CHL holders from those rules' remaining application to long guns. Since I drafted that bill a year ago, I have rewritten it and intend to have my substitute amendment offered for the original bill if it is taken up next year. The most significant change I made was to rewrite the safe harbor provisions of §20-2-6a to fully apply to OC without regard to whether a person has a CHL.
    James M. "Jim" Mullins, Jr., Esq.
    Admitted to practice in West Virginia and Florida.

    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
    Life Member, NRA

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    apjonas wrote:
    Maybe not. See the discussion on Michigan open carry in Recent.
    This discussion?
    (8) An individual who is not a resident of this state is not required to obtain a license under this section if all of the following conditions apply:

    (a) The individual is licensed in his or her state of residence to purchase, carry, or transport a pistol. WI has no licensing of any sort, so this is prohibitive for us

    (b) The individual is in possession of the license described in subdivision (a).

    (c) The individual is the owner of the pistol he or she possesses, carries, or transports.

    (d) The individual possesses the pistol for a lawful purpose as that term is defined in section 231a of the Michigan penal code, 1931 PA 328, MCL 750.231a.

    (e) The individual is in this state for a period of 180 days or less and does not intend to establish residency in this state.

    (9) An individual who is a nonresident of this state shall present the license described in subsection (8)(a) upon the demand of a police officer. An individual who violates this subsection is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both.



    Wisconsin has no licensing or permitting system that is required to ownor possess afirearm. It is a protected right in our constitution, So I would bring a copy of the WI state constitution and the US constitution as my proof of"License"

    So yes, any and all Wisconsin residents are completly denied their 2A Rights while visiting the state of Michigan. There is a small clause that allows hunters to have a firearm, but onlywith a valid MI hunting license.

    Was the statute recently changed, the wording I read specifically adressed carrying concealed. Now it just says carry, possess, or transport. I actually have less restrictions if I was traveling through Illinois, and that is scary right there!


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