Guns and Weapons on the Road
By Kent Butterfield
Reprinted from Fulltime Families Magazine
Transport is the movement of a weapon, unloaded and stowed so as to not be readily available.
Open carry means the carrying of a loaded weapon visible and holstered on your person or in your vehicle in plain sight.
Concealed Carry is the carrying of a loaded weapon on your person so that no part of it is visible at any time.
Transport of your weapon is legal in all 50 states, although some prescribe specific modes of storing your weapon and or ammunition for transport. In all instances except, perhaps New York City, if your weapon is disassembled and locked in a case without any ammunition, and the ammunition is locked away separately, federal law allows you to transport your legally owned gun from one location to another. There may also be other areas with extreme restrictions. It is your responsibility to know before you go, what is and is not legal where you are travelling.
Open carry is currently illegal or highly restricted in 7 states and the District of Columbia. It is licensed in 14 states and legal although possibly preempted locally or illegal in vehicles in 16 states. One state has allowable open carry only in rural areas and in the remaining 13 states open carry is legal with the only restrictions being certain buildings and areas such as airport security areas, government buildings and schools.
See more information at http://www.opencarry.org/opencarry.html
Concealed carry is illegal in two states (Illinois and Wisconsin) and the District of Columbia. The Wisconsin laws have been changing dramatically since the last Supreme Court decision and a concealed carry law is being discussed.
In 9 states, called “may issue states”, the granting authority can decide whether or not to issue a concealed carry permit based upon predetermined factors and at the whim of the issuing official, usually a county sheriff.
There are 36 states called “shall issue states. Residents who apply for a license must be issued one if they fulfill the state requirements, usually no felony convict or domestic violence arrests, no DUI arrests, and most require some type of training prior to license issue.
Concealed carry is allowed without license in Arizona, Alaska and Vermont for anyone who can legally own a weapon.
Some states will issue a license to non residents and some will not. Not all states recognize the license from another state. Some states will only recognize a license if it is issued by the holder’s state of residence. The following web sites have information to help you know who issues permits and who will recognize those permits. The most popular non-resident permits are from Florida, and Utah.
More information on concealed carry laws is available at http://www.handgunlaw.us/
The legality of your carry of a concealed weapon in a given place is entirely dependent upon the laws of that state and frequently local laws. Whether concealed or open carry it is illegal in all states to show a weapon (called brandishing) or threaten to use a weapon without threat of death or serious bodily harm to you or another. Weapons must never be used to sway an argument. Doing so is a felony in most if not all states and can result in jail time for a conviction. YOU are responsible for knowing the laws and following them. The information in these articles is as up to date as possible at the time. Before going anywhere with a weapon it is YOUR responsibility to do the research as to current laws in that area..
In Part III we will look at the why and why not of carrying