Omar Bennett
Open carry is the practice of carrying a firearm in public, either fully or partially visible to others. While federal law does not restrict the open carrying of firearms, states have different laws and restrictions regarding open carry. Some states allow open carry without a permit or license, while others require a permit or have additional restrictions. Open carry has been a hotly debated topic in gun politics, with advocates arguing that it is a right guaranteed by the Second Amendment, while critics point to the dangers it poses to public safety and the potential for intimidation and suppression of First Amendment rights.
| Characteristics | Values |
|---|---|
| Definition | Carrying a firearm in public in circumstances where the firearm is fully or partially visible to others |
| Federal Law | Does not restrict the open carrying of firearms in public |
| State Laws | Vary across the US, with some states allowing open carry without a permit, some requiring a permit, and others prohibiting it |
| Permissive Open Carry States | Alaska, New Mexico, West Virginia, Utah |
| Licensed Open Carry States | Connecticut, Indiana |
| Anomalous Open Carry States | Colorado, Missouri, Nebraska, North Carolina, Oregon, Tennessee |
| Non-Permissive Open Carry States | District of Columbia, New York, and others |
| Age Limit | Varies by state, e.g., Michigan allows open carry for those 18 years or older |
| Criminal History | Individuals with a criminal history may be restricted from open carry in some states |
| Geographic Limits | Open carry may be prohibited in certain areas, such as schools, churches, or government properties |
| Public Safety Concerns | Open carry can create confusion for law enforcement and endanger both officers and gun carriers |
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What You'll Learn
Open carry laws in the US
- Permissive Open Carry States: These states allow gun owners who can legally possess a firearm to openly carry it without a permit or license. Examples include Alaska, New Mexico, West Virginia, and Utah.
- Licensed Open Carry/Not Addressed States: In these states, gun owners are permitted to carry firearms openly only after being issued a permit or license. This category also includes states where open carry is not specifically addressed in state statutes, but a permit or license is required to carry a handgun, such as Connecticut, Indiana, Massachusetts, New Jersey, and New York.
- Anomalous Open Carry States: Carrying a gun openly in these states may be generally lawful, but local governments may have differing gun laws. For example, in California, the sheriff of a county with a population under 200,000 people may issue licenses to carry a loaded, exposed handgun.
- Non-Permissive Open Carry States: In these states, carrying a gun openly is against state law or is only permitted in limited circumstances, such as while hunting or for self-defence. The District of Columbia, New York, and some others fall into this category.
The debate surrounding open carry laws in the US is ongoing and highly polarising. Proponents of open carry argue that it is a right guaranteed by the Second Amendment, while opponents highlight the dangers to public safety and the potential for intimidation and suppression of First Amendment rights. The increase in open carry practices has also complicated law enforcement responses to shootings, as officers struggle to distinguish between legal open carriers and gunmen.
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Permissive open carry states
Open carry refers to the practice of visibly carrying a firearm in public places, as distinguished from concealed carry, where firearms are hidden from casual observation. In the context of open carry, "carrying" indicates that the firearm is readily accessible, typically within a holster or attached to a sling.
Open carry laws generally fall into four categories: Permissive Open Carry States, Licensed Open Carry/Not Addressed States, Anomalous Open Carry States, and Non-Permissive Open Carry States. This response will focus on the first category, Permissive Open Carry States.
While most states have historically prohibited or strongly regulated open carry, laws have changed significantly over the past three decades. Today, thirty-six states are permissive and allow the open carrying of a handgun without a permit or license. However, seven of these states have some restrictions on the open carrying of handguns. For instance, North Dakota permits the open carry of firearms without a permit, as long as the gun is unloaded. To carry a loaded weapon, individuals must obtain a license.
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Licensed open carry states
Open carry refers to the practice of visibly carrying a firearm in public places, as opposed to concealed carry, where firearms are hidden from view. In the context of open carry, "carrying" a firearm means keeping it readily accessible, typically in a holster or attached to a sling.
Open carry laws in the United States generally fall into four categories: Permissive Open Carry States, Licensed Open Carry/Not Addressed States, Anomalous Open Carry States, and Non-Permissive Open Carry States.
It is important to note that open carry laws can vary not only between states but also within a state, with local governments having their own gun laws that differ from state-level legislation. For example, in California, the sheriff of a county with a population under 200,000 people or the chief of police of a city within that county may issue licenses for carrying a loaded, exposed handgun, but these licenses are only valid within that specific county.
While open carry is permitted in many states, it is a highly debated topic in gun politics. Critics argue that it endangers public safety, can be used to intimidate others, and creates confusion for law enforcement responding to shootings or reports of individuals with firearms.
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Anomalous open carry states
Open carry means to carry a firearm in public in circumstances where the firearm is fully or partially (e.g. holstered) visible to others. Some states specify that open carry occurs when the weapon is "partially visible", while others may require the weapon to be "fully visible" to be considered carried openly. States may impose various restrictions, including age limits, criminal history conditions, and geographic limits.
Open carry laws generally fall into one of four categories:
- Permissive Open Carry States: Allow gun owners who can legally possess a firearm to openly carry a gun without a permit or license (includes Alaska, New Mexico, West Virginia, and Utah).
- Licensed Open Carry/Not Addressed States: Allow gun owners to carry firearms openly only after they are issued a permit or license (includes Connecticut and Indiana) or open carry is not specifically addressed in state statutes, but a permit or license is required to carry a handgun (Massachusetts, New Jersey, and New York). Although open carry may not be expressly prohibited in these states, individuals may want to proceed with caution as open carry may be uncommon and may cause alarm in public.
- Anomalous Open Carry States: Carrying a gun openly may be either generally lawful or legal under state law, but local governments may have gun laws that differ from the state’s laws (Colorado, Missouri, Nebraska, North Carolina, Oregon, and Tennessee). It may also be extremely limited (in California, the sheriff of any county with a population under 200,000 people, or the chief of police of a city within that county, may issue licenses to carry a loaded, exposed handgun). Or criteria may differ for residents vs. non-residents (in Michigan, open carry is allowed without a permit for residents who are at least 18 years old and who can legally possess a firearm, provided the gun is registered in their name. However, non-residents must have a permit from their home state).
- Non-Permissive Open Carry States: Carrying a gun openly is against state law or is legal only in limited circumstances (e.g. while hunting) or when legally used for self-defense (includes the District of Columbia, New York, and South Carolina).
Open carry has never been authoritatively addressed by the United States Supreme Court. However, in recent years, the practice of open carry has seen an increase in the United States, and it is a hotly debated topic in gun politics. Despite the evidence that openly carrying firearms endangers public safety, most states lack laws to limit open carry, and some have even taken steps to weaken the regulation of visible guns in public. Open carry can also complicate the police response to shootings, as law enforcement may struggle to distinguish between people legally carrying guns and the gunman responsible for an attack.
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Open carry and public safety
Open carry is the practice of carrying a firearm in public in circumstances where the firearm is fully or partially visible to others. The definition of open carry varies from state to state, with some states specifying that open carry occurs when the weapon is "partially visible", while others require the weapon to be "fully visible" to be considered as carried openly.
Open carry laws generally fall into four categories:
- Permissive Open Carry States: These states allow gun owners who can legally possess a firearm to openly carry a gun without a permit or license. Examples include Alaska, New Mexico, West Virginia, and Utah.
- Licensed Open Carry/Not Addressed States: States in this category allow gun owners to carry firearms openly only after they obtain a permit or license. This includes states like Connecticut and Indiana.
- Anomalous Open Carry States: In these states, carrying a gun openly may be legal under state law, but local governments may have differing gun laws. Examples include Colorado, Missouri, and North Carolina.
- Non-Permissive Open Carry States: Carrying a gun openly is against state law in these states, except in limited circumstances such as when used for self-defense. The District of Columbia, New York, and some others fall into this category.
The debate around open carry and its impact on public safety is a highly contentious issue. Proponents of open carry argue that it allows law-abiding citizens to display their weapons, in contrast to criminals who typically conceal their weapons. They also cite historical and statistical evidence to support their position. On the other hand, gun control groups and researchers argue that open carry endangers public safety by increasing the likelihood of conflict and aggressive behaviour. They point to evidence that openly carrying firearms can quickly turn arguments fatal, be used to intimidate and suppress the rights of others, and create confusion for law enforcement responding to shootings.
The impact of open carry laws on public safety is evident in several incidents. For example, in October 2015, a Colorado woman reported a man with a rifle outside her home, but the police did not respond immediately due to the state's open carry laws. Unfortunately, the man later shot and killed three people. In another instance, white supremacists exploited weak open carry laws to intimidate others during a protest in Charlottesville, Virginia, in 2017. These examples highlight the complexities and challenges that open carry presents for law enforcement and the potential risks to public safety.
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Frequently asked questions
Open carry is the practice of carrying a firearm in public in a visible manner, either in a holster or attached to a sling.
Open carry laws vary across different states. Some states that allow open carry without a permit or license include Alaska, New Mexico, West Virginia, and Utah. Some states, like Connecticut and Indiana, require a permit or license. Other states, like California, have more complex laws that vary depending on the county.
Yes, there are restrictions on open carry. For example, certain states or counties may have specific requirements, such as age limits or criminal history conditions. Additionally, there are prohibited places where open carry is not allowed, such as schools, churches, or government properties.
