Eleanor Finch
The definition of carrying a gun varies by state and country. In the United States, each state has its own laws and regulations regarding gun possession and transportation. For example, in Texas, the law sets the age requirement to carry a gun at 21 years of age, while in California, it is illegal to carry a loaded firearm in public without a permit. When discussing what constitutes carrying a gun, it is important to distinguish between open carry and concealed carry. Open carry refers to the act of carrying a firearm in plain view, while concealed carry involves carrying a gun in a way that is not readily visible, such as in a backpack or purse. The specific laws and requirements for open and concealed carry vary from state to state, and it is essential to be aware of the local regulations to ensure compliance.
| Characteristics | Values |
|---|---|
| Location | Carrying a loaded firearm in a public place or on a public street is prohibited in California. Texas law allows carrying a gun in a motor vehicle or watercraft. |
| Intent | The intent of where you are going with the gun is important. For example, carrying a firearm to or from a gun range or shop for repair is permitted in Virginia. |
| Loaded vs. unloaded | Loaded firearms are generally prohibited in public. In Texas, a license holder may carry a handgun in plain view in a public place if it is in a holster. |
| Age | Texas law sets the age requirement to carry a gun at 21 years. |
| Exemptions | Active or retired police/peace officers and federal law enforcement agents are exempt from the restriction in California. |
| Transportation | Firearms must be unloaded and locked in a hard-sided container when traveling. Small arms ammunition must be packaged in a cardboard, wood, plastic, or metal box. |
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What You'll Learn
Loaded vs unloaded
The definition of a loaded gun varies depending on the state and the type of gun. In the state of Utah, a gun is considered loaded if there is a round in the chamber. However, in the state of Connecticut, a gun is considered loaded even if there are no rounds in the chamber, as long as there are rounds in the magazine.
In California, it is illegal to carry a loaded firearm in public unless you are a law enforcement officer or have a valid CCW (concealed carry weapon) permit. The definition of a loaded firearm in California is a gun that is "loaded with ammunition capable of being discharged." This means that the gun has a round in the chamber or a magazine inserted into the gun.
When it comes to concealed carry, the definition of what constitutes a loaded gun can vary. Some states consider a gun to be loaded if it is in a case or holster, while other states only consider it loaded if it is within reach and accessible. For example, in Virginia, open carry is permitted, but if the firearm is unloaded and securely wrapped, it is considered transportation, not concealed carry.
It is important to note that the weight of a gun is not always a reliable indicator of whether it is loaded or unloaded. Some guns may feel heavier when loaded, but others may not have a noticeable difference in weight. Additionally, methods such as cocking the hammer and listening for differences in sound are not recommended as they are unreliable.
To properly check if a gun is loaded or unloaded, there are a few steps you can take:
- Keep the barrel in a safe position at all times.
- Eject the magazine or slide out the cylinder if it is a revolver.
- Eject any shells and visually inspect them to ensure they are actual shells.
- Pull the upper receiver or slide back and lock it to the rear.
- Check the barrel, chamber, magazine, and cylinder to confirm that the gun is unloaded.
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Concealed carry laws
The definition of "concealed carry" varies by state in the United States. In general, it means having a loaded weapon in the passenger compartment of a vehicle or anywhere on your person, including in backpacks, purses, fanny packs, and so on.
Some states were previously considered “may-issue” jurisdictions, where applicants were required to provide a proper reason to obtain a permit to carry a concealed weapon. However, these laws were deemed unconstitutional in June 2022, and more than half of the states now allow "constitutional carry" (unrestricted concealed carry).
In New York, for example, it is prohibited to possess a "loaded" handgun outside of the home or place of business without a license. While no law specifically bans open carry, a pistol license to carry is issued to carry concealed. In California, it is illegal to carry a loaded firearm in public, with exceptions for law enforcement officers and retired officers. Texas law sets the age requirement to carry a gun at 21 years of age, although an amendment in 2022 ruled that 18-20-year-olds may not be prosecuted based solely on their age.
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State-specific laws
In addition, some states have enacted stand-your-ground laws, which allow individuals to use deadly force in self-defence without the duty to retreat. Certain states, like Texas, have specific age requirements for carrying a gun, setting the minimum age at 21. Texas also has laws that restrict carrying firearms in schools and on college campuses, and they require handguns to be carried in a holster.
Furthermore, state laws differ on the licensing and registration requirements for firearms. Some states mandate that buyers obtain a license or permit, while others require registration with the police or another law enforcement agency. For example, Connecticut, Delaware, the District of Columbia, Hawaii, and several other states mandate that all firearms buyers be fingerprinted.
It is important to note that reciprocity agreements between states can impact gun laws. For instance, while Idaho recognises Oregon's concealed carry permits, Oregon does not reciprocate this recognition. Additionally, some states do not recognise out-of-state permits at all, emphasising the need for travellers with handguns to understand the laws of each state they visit.
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Age restrictions
The age restriction for carrying a gun varies across different states in the US. For example, Texas law sets the age requirement to carry a gun at 21 years of age. However, a 2022 federal court case, Firearms Policy Coalition, Inc. et. al., v. Steven McCraw, et. al., challenged the restriction on constitutional grounds. The court ruled that 18-to-20-year-olds cannot be prosecuted under this restriction based solely on their age. As a result, Texas law was amended to state that applications for gun licenses would no longer be denied solely on the basis of applicants being aged between 18 and 20.
In contrast, other states, such as California, have different age requirements and laws regarding gun possession and transportation. California law prohibits carrying or possessing a loaded firearm in public, and this restriction applies to all individuals regardless of age. The law defines a "public place" as any place open to common and general use and readily accessible by anyone. Therefore, it is essential to refer to the specific laws of each state to understand the age restrictions and other regulations surrounding gun possession and transportation.
Additionally, it is worth noting that certain individuals are exempt from criminal liability under California law. For example, active or honorably retired California police officers or peace officers and agents of any federal law enforcement agency are permitted to carry loaded firearms in public. These exemptions are based on the individuals' occupations and are not related to age restrictions.
When it comes to transporting firearms, there are specific regulations in place. For example, unloaded firearms must be locked in a hard-sided container and transported as checked baggage only when travelling. Small arms ammunition must be packaged in a fibre, wood, plastic, or metal box specifically designed for ammunition transportation. These regulations are essential for ensuring the safe transportation of firearms and apply to all individuals, regardless of age.
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Transportation laws
Federal Laws and Regulations:
The Firearms Owners Protection Act of 1986, also known as "The Peaceable Journey Law," allows individuals to transport firearms through states where they do not hold a valid permit, as long as they comply with the laws of their state of origin and destination. The firearm must be unloaded and kept in a locked box, preferably in the trunk of a vehicle, and out of the driver's reach. Ammunition should be stored separately in a locked container as well.
Airline Transportation:
When travelling with firearms by air, it is crucial to comply with the regulations of the Transportation Security Administration (TSA). Firearms must be unloaded and locked in a hard-sided container, transported as checked baggage, and declared to the airline. Ammunition and firearm magazines must be securely boxed or included within a hard-sided case containing an unloaded firearm. Small arms ammunition up to .75 calibre and shotgun shells of any gauge must be packaged in a cardboard, wood, plastic, or metal box specifically designed for ammunition.
State and Local Laws:
It is essential to check the local concealed carry laws of each state you will be travelling through, as regulations vary. Some states may not recognize your concealed carry permit, and specific restrictions may apply for handguns and "assault weapons." Additionally, when travelling to Canada or Mexico, it is generally recommended to avoid taking handguns or ammunition. However, if you are bringing long guns for sporting or hunting purposes, you must complete the necessary Non-Resident Firearm Declaration Form before arriving at the Canadian border.
Permits and Exemptions:
An FPIC or handgun carry permit is typically not required when transporting a firearm for hunting, target shooting, or authorized exhibitions, provided you have a valid hunting license or meet other specific requirements. However, it is important to note that even within the same state, cities like New York have unique permit requirements. For example, a New York State license may not be valid within New York City unless a specific exemption is granted by the police commissioner.
In summary, transporting a firearm requires careful adherence to federal, state, and local laws, as well as any applicable international regulations. It is the responsibility of the gun owner to ensure they are fully informed about the relevant transportation laws and to take the necessary steps to comply with them.
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Frequently asked questions
Carrying a loaded firearm in California is defined by Penal Code § 25850 PC, which makes it a crime to carry or have possession of a loaded firearm in public.
Texas law sets the age requirement to carry a gun at 21 years of age. However, an individual cannot be prosecuted solely based on their age if they are between 18 and 20 years old. Texas law does not specifically restrict who can carry a long gun, such as a rifle or shotgun.
Concealed carry (CC) laws generally refer to having a loaded weapon in the passenger compartment of a vehicle or anywhere on your person, including backpacks, purses, fanny packs, etc. The definition of CC varies by state, with some states defining it by your clothing, while others focus on the intent of the individual carrying the weapon.
When transporting a firearm, it is essential to comply with local, state, and international laws, as they may vary. Firearms must be unloaded, locked in a hard-sided container, and transported as checked baggage. Small arms ammunition must be packaged in a cardboard, wood, plastic, or metal box and declared to the airline.
Yes, certain individuals are exempt from criminal liability for carrying a loaded firearm. This includes active or honorably retired law enforcement officers, federal agents, and parole officers engaged in the discharge of their duties.
