imported post
scratchkenny wrote:
...If turned down for a cwp can a person still open carry? Iwas just wondering if it would be legal. If your turned down for a CWP then i would think that would be grounds for a reason not to open carry.
Sure, it's possible to OC legally after being rejected for a CWP/CWL.But, as Dreamer mentioned it depends on what the turn down reason was.
scratchkenny
wrote:
... If your turned down for a CWP then i would think that would be grounds for a reason not to open carry.
That is a reasonable and logical assumption. But it is quite incorrect.
Because CC and OC regulatory histories (depending on the state)are different, thereare almost alwaysdifferences in conditions that preclude a person from carrying legally (OC vs. CC), sometimes significantly so. One example is domestic violence convictions. It's common for states to disqualify a person having one from obtaining a CWP/CWL. But such a conviction is not likely to be a disqualifier in most states for OC. That's largely because the legal basis for OC in a given state is often an absence of legislation prohibiting it--ergo, it is allowed.
To build on your assumption stated above:
I would think that having a domestic violence conviction, which disqualifies onefor concealed carry, would be grounds for a reason not to open carry.
But it doesn't work that way.
Over time, as OC becomes more prevalent, and as the states realize that having two different sets of regulations for OC as for CC, the qualifications and exclusions will almost certainly be standardized.
Some will say that the way to standardize the DV/CC/OC situation will be to modify existing CC regulation to prospectively allow CWP/CWL issuance to citizens with DV convictions.
Good luck to them with that approach....
P.S. Other prominent differences in OC vs. CC disqualifications are age and convictions involving drinking or drug use. These affect a LOT of potential gun carriers.
