Author Topic: State laws on carry . (Read 1802 times)

SHOOTALL · « **on:** February 23, 2011, 01:39:01 AM »

Often in other topics we hear or state laws from our state that seem unique . One such law in Va. is you can only carry in a church if nessary . Who decides if it is nessary ?
Please pass along laws of your state that may be of intrest to others who may visit your state .

magooch · « **Reply #1 on:** February 23, 2011, 03:02:41 AM »

Here in Washington State I'm told that one can open carry almost anywhere. The exceptions, I think are drinking establishments, court houses, schools and possibly a few other places. The same probably applies for concealed carry.

I guess since I have a concealed pistol permit, I should know the rules more precisely. I carry when I want, where I want and basically apply common sense. I would never carry concealed anywhere where I remotely thought it might be a problem and I doubt I would carry in the open--even if legal--anywhere that it might draw special attention. There might be exceptions in some towns, or cities, but carrying openly is supposed to be okay in most, but why would you want to draw attention? During hunting season in most rural areas, it probably wouldn't cause any sensation.

Land_Owner · « **Reply #2 on:** February 23, 2011, 03:15:06 AM »

FL carry laws seem equivalent to Washington State.

Open carry shouldn't be the problem that it is today except for Liberals and their untiring and relentless pursuit of banning everything that is fun and commonsensical, which provides for personal and common defense.

Our US western frontier was once ruled by both good and bad men through open carry. I perceive it was (thanks to Hollywood) an unusual man that didn't own and openly carry a handgun. Even so, frequenting a saloon, gambling boat, card game, etc., puts one in harm's way more often that not.

The days of dueling it out in the open street are over. However, you could say its energy still remains. Take a trip down an inner city street in Philadelphia, Chicago, Detroit, Harlem and the outlaw mentality energy still remains in those places.

This issue has been on going for decades and we're not going to put a lid on it in our time.

Brett · « **Reply #3 on:** February 23, 2011, 05:52:53 AM »

Quote from: Land_Owner on February 23, 2011, 03:15:06 AM

The days of dueling it out in the open street are over. However, you could say its energy still remains. Take a trip down an inner city street in Philadelphia, Chicago, Detroit, Harlem and the outlaw mentality energy still remains in those places.

This issue has been on going for decades and we're not going to put a lid on it in our time.

I think if you dig into the subject more closely you will find that "gun duals in the streets of the wild west" is about 99% Hollywood fiction. There were actually very few historically recorded gun duals in the old west. The majority of those famous "gunslingers" who we all assume died in some face to face stand off in the street were actually shot in the back by someone they had done wrong or by the law.

There are way more shootouts going on today thanks to the prevalence of gangbangers than ever happened in the "Wild West". I honestly believe that people had far more respect for human life (their own and that of others) a century ago than they do today.

Spirithawk · « **Reply #4 on:** February 23, 2011, 06:50:37 AM »

Here in Missouri the law states that possession of a firearm, in a vehicle on the premises of places posted, is not prohibited so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises. That includes the following full list of places you can't legaly carry in Missouri;

In accordance with Section 571.107 RSMo.

. any police, sheriff, or Highway Patrol office or station without consent
. within 25 feet of any polling place on election day
. adult or juvenile jail or institution
. courthouse or facilities
. any meeting of a government body ( except by a member with a concealed carry endorsement )
. bar without consent ( I was told this just changed to you can carry in a bar )
. airport
. where prohibited by federal law
. schools
. child care facility ( without consent of the manager )
. amusement parks
. any church or place of worship without the permission of the Minister or person representing religious orginazation
. any sports arena or stadium with seating for more than 5,000
. hospitals
. private and public property where posted

The Missouri Highway Patrol's booklet "Missouri Concealed Carry Laws" says you can't carry on private or public property where posted. You can be denied access or removed from the premises if caught. If a police officer is called, upon the first offense, you can be fined up to $100.
If within six months a second offense occurs, you can be fined up to $200 and your permit can be suspended for one year
If within one year of the first offense a third citation is issued for a like offense, you can be fined $500 and your permit revoked. Plus you won't be eligible for a new permit for a period of three years. Same goes for the list of places where carrying is prohibited.

We also have what's called the "Peaceable Journey" law. Missouri now permits a person 21 years old to transport a concealable firearm in the passenger compartment of a motor vehicle. No conceal carry endorsement is required. Under the old law, the peaceable journey exception to the unlawful-use-of-a-weapon law permitted travelers on a continuous peaceable journey to carry a concealed weapon. The peaceable journey exception is still in the law, and may apply in circumstances where the new law does not (ie if the person carrying is less than 21).

Now, I fail to quite understand the peaceable journey law, or maybe it's most cops that do. I'm really not sure if the firearm can be loaded. I was told that the "journey" could be anything from a trip across state to a trip to your local store. Basicly any time you're driving. I really don't think cops see it that way though. I've been meaning to ask a Missouri Highway Patrol Officer to clarify it.

SHOOTALL · « **Reply #5 on:** February 23, 2011, 08:54:58 AM »

In Va open carry in a bar if not drinking but not in a city over 100000 population .

guzzijohn · « **Reply #6 on:** February 23, 2011, 10:09:03 AM »

Quote from Brett:

Quote

I think if you dig into the subject more closely you will find that "gun duals in the streets of the wild west" is about 99% Hollywood fiction. There were actually very few historically recorded gun duals in the old west. The majority of those famous "gunslingers" who we all assume died in some face to face stand off in the street were actually shot in the back by someone they had done wrong or by the law.

It is my understanding that there was only one gunfight that was at a set place and time and face to face and that was the one between Wild Bill Hitchcock and the guy that had taken Bill's watch the evening before in a poker game. This was the gun fight with the famous 75 yard shot to the heart with a navy .36 by Wild Bill.
GuzziJohn

Land_Owner · « **Reply #7 on:** February 23, 2011, 11:59:34 AM »

Let me clarify my location and your perception of "gun duels in the streets". We had the former Secretary of the Treasury Alexander Hamilton and sitting Vice President Aaron Burr, on July 11, 1804 dueling one another. Burr shot and mortally wounded Hamilton. Dueling doesn't get any more visibility than that.

Take this excerpt from the inscribed link:

Quote

The US Constitution was penned in a time when owning a gun was the gentleman's perrogative and in most places a necessity. In those times, it was considered useful for getting dinner, or as an acceptable tool for settling a disagreement; the duel was an affair of honor. In these encounters, death was frequent, but not a necessary result. What mattered was that the two valiant souls had the courage to risk death in pursuit of honor. Often the matter was settled with a mere bang-bang in the general vicintity of the other party, or perhaps a grazing bullet that would draw blood but not much else. The show made, the gentlemen could retire once again to their drawing rooms with their seconds and friends for a self-congratulatory cocktail.

This is not to say that gentlemen were not killed in duels, because plenty of them were, but for centuries the notion of a man defending his honor without the employment of messy litigation was not offensive. A death on the field of honor was not murder; the victor walked away vindicated and free. This, of course, is an antiquated notion that no longer justifies things like gang warfare, but in such cases the amenities are not observed, so it's not quite the same.

http://www.chick.net/proust/guns7.html

Spirithawk · « **Reply #8 on:** February 23, 2011, 12:10:44 PM »

I use to own a very interesting book called The Encyclopedia of Gunfighters. Wish I could remember the author but he was a well known historian on such things. In the book he had every single known gunfight ever recorded in newspapers, diaries and such. It was a mighty thick and large book! Most gunfights took place at very close range, and not always with pistols. Rifles and shotguns were often used. Also remember that they were using black powder cartridges. After a couple shots fired you were lucky to be able to see your own hand at the end of your arm for the smoke. There was even a gunfight between, I believe it was Luke Short and another salloon owner, that took place at the distance of the width of a card table. Both men chased each other around the table firing away but due to the smoke neither was hit! Few gunfights were the "Hollywood" type. Hickock facing Tutt on the square here in Springfield, Mo. was the first recorded and the most famous but others did happen. The Gunfight between the Earps and the "Cowboys" ie; the McLowery's and Clanton's was quite similar in that a challenge was issued and followed through on. The cowboys were told not to wear firearms in town and Ike Clanton let it be known that not only would they but they intended to kill the Earps. The Earps had their own ideas about that. A pretty good read, that will go a long way towards enlightening you on the subject of gunfights, is the autobiography of Wyatt Earp. Those that leaned towards flashy gunplay useualy didn't live long. It was those that got their weapon into play fast while remaining cool enough to take deliberate aim that were truly dangerous. They tended to respect each other because it was painfully obvious that if they shot it out it was very likely both would die! Think they weren't tough back then. When Cole Younger was captured he stood up and surrendered. He had 11 bullets in him, remember these were large caliber guns he was shot with, and he only surrendered because he'd run out of shells and nobody would hand him another gun!

Pat/Rick · « **Reply #9 on:** February 23, 2011, 12:18:19 PM »

Magooch my fellow washingtonian, the RCW's are online and should be looked at from time to time.
WA state CCW, lets see IF you are in the vehicle with a CCW pistol it MUST be on your person, not under the seat or in a glove box. IF you leave the vehicle where CCW is not permitted, bars, federal bldgs( PO's included), courts houses,schools the CCW must be locked in the vehicle and out of view to others. IF you have a CCW in WA you MUST carry concealed, no open carry in public. Declaration to LEO's is not required, but must be shown if asked for. If a business(private property) does not allow CCW it must be posted outside the place of business in a conspicuos spot. WA does have peacable journey laws on the books, that means that if a place does not allow CCW, they have no reproach should you have a CCW in your vehicle. I try to go through the RCW's at least once a month, just so I know them . Start with R.C.W.9.41.050. Just google Washington state rcw's and they'll come up.

Empty Quiver · « **Reply #10 on:** February 23, 2011, 12:46:52 PM »

Don't know how unique, but here in Mn. any venue hosting a school event is considered a school. Hockey tourney held in Target center for example. Public venue is okay to carry into but the event is a school sanctioned event which disqualifies you.

Restaurant and bar carry is legal. As a matter of fact you can drink too. You need to keep your BAC way low though. I have a CDL and must abide by much lowered standards anyway so I'm not too worried as a DUI would cancel the meal ticket. I quit drinking in public (yes there are exceptions) years ago.

Spirithawk · « **Reply #11 on:** February 23, 2011, 01:54:23 PM »

I've heard that here in Missouri the law has changed from, you can carry in a bar only with the owner or someone in charge's permission, to you can carry inside without permission. So far I haven't been able to confirm it though. I do know that if caught with a firearm and your BAC is above the limit, then you are charged with possesion of a firearm while under the influence. A very good way to lose your conceal carry permit and a quick trip to jail!

Shu · « **Reply #12 on:** February 23, 2011, 03:12:27 PM »

I live in California, unless you are a politician or a drug dealer...
Just kidding, there are some tough ones on the books but if you can get the local sherrif to sign and you can carry.

Curtis · « **Reply #13 on:** February 24, 2011, 12:14:33 PM »

I like the Texas 30.06 statute:
Quote:
PROHIBITING HANDGUNS IN A BUSINESS OR OTHER ENTITY

In order to provide notice that entry on property by a license holder with a concealed handgun is forbidden, Penal Code Section 30.06(c)(3)(A) requires that a written communication contain the following language:

"PURSUANT TO SECTION 30.06, PENAL CODE (TRESPASS BY HOLDER OF A LICENSE TO CARRY A CONCEALED HANDGUN) A PERSON LICENSED UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (CONCEALED HANDGUN LAW), MAY NOT ENTER THIS PROPERTY WITH A CONCEALED HANDGUN."

"CONFORME A LA SECCIÓN 30.06 DEL CÔDIGO PENAL (TRASPASAR PORTANDO ARMAS DE FUEGO) PERSONAS CON LICENCIA BAJO DEL SUB-CAPITULO H, CAPITULO 411, CODIGO DE GOBIERNO (LEY DE PORTAR ARMAS), NO DEBEN ENTRAR A ESTA PROPIEDAD PORTANDO UN ARMA DE FUEGO."

Penal Code Section 30.06(c)(3)(B) further states that a sign must meet the following requirements:

includes the language described by Paragraph (A) in both English and Spanish;
appears in contrasting colors with block letters at least one inch in height; and
is displayed in a conspicuous manner clearly visible to the public.
End Quote.

This means that the ubiquitous picture of a handgun with a circle and slash over it can be universally ignored!!

Curtis

grdad45 · « **Reply #14 on:** February 24, 2011, 01:26:39 PM »

"This means that the ubiquitous picture of a handgun with a circle and slash over it can be universally ignored!!"--CURTIS

Yeah, but don't broadcast that info!

I have seen a few places in Texas with the "gun-slash" sign displayed. One was even 20 or more feet INSIDE the front door! Like Tater Salad says, "You can't fix stupid!"

Curtis · « **Reply #15 on:** February 24, 2011, 02:10:38 PM »

jimster · « **Reply #16 on:** February 24, 2011, 02:33:50 PM »

In Michgan you can open carry, and there is a law that says no cities or townships can override state laws and pass gun laws that override state law. If you have a CPL you can open carry or CC. If you don't have a CPL, transporting your weapon is a pain, must be locked in the trunk unloaded (or locked in a box if no trunk), ammo separated, when you get to where your going you can get your gun, put it on, load it, and open carry. When going back to the car, you unload it, lock it up, separate the ammo from it all, and drive on. It's such a pain most people just get the CPL and transportation issues all go away no matter how you carry it. Lots of people that live in Michigan are not aware we have open carry for some reason, most are surprised to hear it. A few more are doing it though the last couple of years. Most people CC.
You can't go to an "entertainment" place that "seats" 2500 people or more, inside a school, hospital or casino, a bar that makes most it's money on booze (dinner places that serve are OK)...you can now pick your kids up at school in the parking lot, and be in pistol free parking lots metioned above now due to slight changes in the law, but don't go in the buildings, stay away. Best not drink a drop where your having dinner, there is no way to pass that test, and you need permission from the head of your church to go in there. Banks are OK. That's kind of weird...Banks OK...Casino's not OK. Wonder who thinks these things up.

LONGTOM · « **Reply #17 on:** February 24, 2011, 07:45:16 PM »

In VA we do have open carry and I do so.
I really don't get that much attention.
IIRC, the law as far as schools go was amended from ZERO TORROENCE to you could have it in the vehicle as long as you didn't get out on school property.
Meaning that you could have it with you while picking up or dropping off the kids as long as you didn't get out.
Many parents drop their kids off on the way to work and carry it with them.
You can open carry into a bank but you can't carry concealed in the bank. (You WILL get questioned)
Can't carry into any Federal building or Airport.
We now can carry in a State or National Forrest, just passed.
Long guns in a vehicle must be unloaded but an open carry hand gun can be loaded as long as it's in plain view.
Just make sure you tell the LEO you have it as soon as he comes up to you and keep your hands on the steering wheel.

Don't know about concealed loaded in a vehicle since I don't have a CCW permit.
Bars as long as you don't drink.

LONGTOM

SHOOTALL · « **Reply #18 on:** February 25, 2011, 02:32:53 AM »

Longtom in Va if you enter a city with a population over 100000 you can't carry open legal. In Chesapeke Va. you can't carry legal or have a loaded gun legal even in your home unless you have a CC permit which superceeds city law. Just passing along info.

shot1 · « **Reply #19 on:** February 25, 2011, 04:35:16 AM »

In TN they keep changing the laws so you really don't know if you are legal or not. Yesterday you could do something and be OK and today some new law they decided to put into effect and NOT TELL ANYBODY and you are in trouble.
A couple they just changed this past summer that people are just now finding out about are these. You used to be able with a carry with a permit and drive onto school property with your gun and just leave it in your car untouched and you were OK. Now they changed the law that says if you are an enrolled student you CAN NOT but everybody else can. My buddy's daughter lives 6 hr drive across the state. She is 21 yrs old and has her permit. She is not allowed to have her gun with her because she HAS TO park her car on campus. When she gets to come home on brake she usually has to drive at night by herself and she can not protect herself because she is not allow to have her gun. REAL SMART ISN'T IT?
The other is that it is used to be that a place had to post the proper wording sign on their door to be legally posted. The GHOST BUSTER sign alone was not a legal posted place. Now they changed it to allow either the wording OR THE GHOST BUSTER SIGN BY IT'S SELF to be legal. To find the laws in TN you have to go to the TN Code. But to find the law you have to know what you are looking for. If you do not know they have changed the law how do you know what to look for. REAL SMART ISN'T IT?

The law states the you are responsible to know the laws but they make it so you can't by stupidity.

Oh! Another one that most people in TN don't know that has been on the books for a long time. It is against the law to have a gun and the ammo in the passenger compartment of an auto together. IF you have a hand gun carry permit you CAN carry a gun and the ammo in the same passenger compartment together. You can even carry a long gun in the passenger compartment with rounds in the magazine, but get this, not one in the chamber. You can carry a loaded pistol with one in the pipe but not a long gun. Another REAL SMART LAW ISN'T IT???

Docsmith45 · « **Reply #20 on:** February 25, 2011, 07:36:23 AM »

We have an interesting twist here. You normally cannot carry in a "House of Worship." The church can give permission to carry. I guess that means as the Pastor I can give myself permission to carry in the pulpit. We are a small country congregation. We do however sit tight on a major highway. I have a couple members to whom I have given permission.

SHOOTALL · « **Reply #21 on:** February 25, 2011, 07:52:02 AM »

Why would you not give everyone permission who ask for it ?

LONGTOM · « **Reply #22 on:** February 25, 2011, 12:54:47 PM »

Quote from: SHOOTALL on February 25, 2011, 02:32:53 AM

Longtom in Va if you enter a city with a population over 100000 you can't carry open legal. In Chesapeke Va. you can't carry legal or have a loaded gun legal even in your home unless you have a CC permit which superceeds city law. Just passing along info.

We ain't that big!
Good info to know.

LONGTOM