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Thread: What is open carry?

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    What is open carry?

    Can anyone give legal definitions for open carry and concealed carry? Please specify the state your talking about. Are there any federal law or definitions in this area? Don't forget Federal enclaves (Military bases, National parks, D.C. ect.).

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    Quote Originally Posted by Ben Lacasse View Post
    Can anyone give legal definitions for open carry and concealed carry? Please specify the state your talking about. Are there any federal law or definitions in this area? Don't forget Federal enclaves (Military bases, National parks, D.C. ect.).
    In Alabama there is no definition for open carry. Laws don't address what is legal. They only define actions that are illegal. Therefore, Alabama law only discusses concealed carry. The law does not define "concealed," so a common-sense definition would be used in court.

    If you are trying to carry concealed in Alabama and you "flash," you needn't worry, since the CPL allows you to conceal. It does not require concealment.

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    Quote Originally Posted by eye95 View Post
    Laws don't address what is legal.
    QFT


    Similarly, The Virginia Code does not mention open carry anywhere; not once (and we like it that way). Concealed carry is defined as being hidden from common observation which is further defined in case law. I suppose you could say that open carry is anything that's not concealed carry.
    Last edited by t33j; 01-01-2011 at 02:16 PM.
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    Regular Member sultan62's Avatar
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    Quote Originally Posted by eye95 View Post
    In Alabama there is no definition for open carry. Laws don't address what is legal. They only define actions that are illegal. Therefore, Alabama law only discusses concealed carry. The law does not define "concealed," so a common-sense definition would be used in court.

    If you are trying to carry concealed in Alabama and you "flash," you needn't worry, since the CPL allows you to conceal. It does not require concealment.
    NC is the same, except replace "CPL" with "CHP".
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    TN issues handgun carry permits (not "CCWs"). It is not specified whether the holder has to carry open or concealed, so technically they can do either. As far as other properties (federal, etc), inquire with them if you plan on going there. I can tell you the state law, but the feds and private entities can do their own thing.

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    Military Bases

    On military bases you can not carry period. You may bring a gun on base if you are going to the Moral Welfare and Recreation (MWR) range to shoot, but the weapon needs to be in a case and seperate from the ammo. Also most bases require military personnel to register their guns. Reference: AR 190-11
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    Open Carry is defined below.

    pen carry - the act of publicly carrying a firearm 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 felons, 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.

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    Quote Originally Posted by WaterWalker View Post
    Open Carry is defined below.

    pen carry - the act of publicly carrying a firearm 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 felons, 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.
    Laws vary widely from State to State. Making broad statements of law is not advisable on this site. Also, by rule, statements of law should be accompanied by citations of the relevant code or court decision.

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