# Concealed Carry vs. Open Carry (Guns)

**URL:** <https://boards.straightdope.com/t/concealed-carry-vs-open-carry-guns/629300>\
**Category:** Factual Questions\
**Created:** [July 25, 2012, 1:02am UTC](https://boards.straightdope.com/t/concealed-carry-vs-open-carry-guns/629300 "2012-07-25T01:02:03Z")\
**Posts on this page:** 17\
**Page:** 3

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**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\
**Post date:** [July 25, 2012, 10:25pm UTC](https://boards.straightdope.com/t/concealed-carry-vs-open-carry-guns/629300/41 "2012-07-25T22:25:01Z")

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> [@md2000](#):
>
> I understand the law is incredibly restrictive in New York City. Is that a state law passed for their benefit, or does the city have the right to create that sort of criminal law?
> 
> Do permits from NY State allow carry in NY City?
> 
> I saw a comment once that NYC automatically denied almost any private permit request for non-LEO types.

The city has the power to enact their own gun control laws. New York state either has no preemption or simply exempts NYC (I’m not sure which).

NYS permits are NOT valid in NYC.

The last I heard (and it’s been a while) that it is fairly straightforward (by NYC standards and a lot of money involved) to get a permit to keep a handgun in your home or for transport to and from a pistol range. The handgun must then be registered. (As a side note, this is where the misconception that guns are “registered” usually comes from: crime dramas set in NYC. Legal pistols have to be registered there, but mostly nowhere else in America).

If you want the full Monty, the one that lets you carry in public, then what you said is true. You had better be a celebrity or have an overwhelming need for a full carry permit, or else none will be coming your way.

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**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\
**Post date:** [July 25, 2012, 10:27pm UTC](https://boards.straightdope.com/t/concealed-carry-vs-open-carry-guns/629300/42 "2012-07-25T22:27:30Z")

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> [@engineer\_comp\_geek](#):
>
> They do in the northern panhandle. I’m from that area originally and still have friends there. One of them likes to open carry and gets harassed fairly often.
> 
> Can’t speak for the rest of the state, though.

I’ve never seen it in the rest of the state. Your friend should bitch to the high heavens to the chief or sheriff of whatever law enforcement harassed him while carrying. Those guys should (and in my mind really DO) know the law. If they are screwing with him, then the administration needs to know about it so they can put a stop to it.

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**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\
**Post date:** [July 25, 2012, 10:32pm UTC](https://boards.straightdope.com/t/concealed-carry-vs-open-carry-guns/629300/43 "2012-07-25T22:32:22Z")

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> [@jtgain](#):
>
> I’ve never seen it in the rest of the state. Your friend should bitch to the high heavens to the chief or sheriff of whatever law enforcement harassed him while carrying. Those guys should (and in my mind really DO) know the law. If they are screwing with him, then the administration needs to know about it so they can put a stop to it.

[Moderator Note]

Please note my instructions in post #33. Let’s keep this to a discussion of legality of carry laws, and drop the comments on harassment, which is better suited to IMHO. No warning issued.

Colibri  
General Questions Moderator

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**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\
**Post date:** [July 25, 2012, 10:41pm UTC](https://boards.straightdope.com/t/concealed-carry-vs-open-carry-guns/629300/44 "2012-07-25T22:41:58Z")

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> [@Colibri](#):
>
> [Moderator Note]
> 
> Please note my instructions in post #33. Let’s keep this to a discussion of legality of carry laws, and drop the comments on harassment, which is better suited to IMHO. No warning issued.
> 
> Colibri  
> General Questions Moderator

Aw, hell, I’m sorry. That’s what happens when you browse too fast. Noted.

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**Author:** ![fumster](https://avatars.discourse-cdn.com/v4/letter/f/e9c0ed/32.png) [@fumster](https://boards.straightdope.com/u/fumster)\
**Post date:** [July 26, 2012, 6:08am UTC](https://boards.straightdope.com/t/concealed-carry-vs-open-carry-guns/629300/45 "2012-07-26T06:08:38Z")

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> [@pkbites](#):
>
> I told quite a few of my fellow officers that crap wasn’t going to work out for them. And it didn’t. Several agencies ended up paying out settlements, some as high as 30K.
> 
> When the CCW law went into effect so did a subsection of the DC statute. Hopefully this will put a stop to cops trying to push it on people doing nothing more than exercising their rights:
> 
> Wisconsin 947.01  
> **Disorderly conduct.** (1) Whoever, in a public or  
> private place, engages in violent, abusive, indecent, profane, boisterous,  
> unreasonably loud or otherwise disorderly conduct under  
> circumstances in which the conduct tends to cause or provoke a  
> disturbance is guilty of a Class B misdemeanor.  
> (2)\* Unless other facts and circumstances that indicate a criminal  
> or malicious intent on the part of the person apply, a person is  
> not in violation of, and may not be charged with a violation of, this  
> section for loading, carrying, or going armed with a firearm, **without  
> regard to whether the firearm is loaded or is concealed or  
> openly carried.**\*

So can you be prohibited from carrying a sword but not a gun?

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**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\
**Post date:** [July 26, 2012, 7:10am UTC](https://boards.straightdope.com/t/concealed-carry-vs-open-carry-guns/629300/46 "2012-07-26T07:10:51Z")

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> [@fumster](#):
>
> So can you be prohibited from carrying a sword but not a gun?

Interestingly enough, this came up. The CCW law allows for the concealed carry of a knife with a permit (open carry of knives was already legal). However, the definition of a knife is open to interpretation. The state has a preemption law on firearms prohibiting municipalities from enacting laws contrary or tougher than state law.

But there is no such law on swords and such. so, theoretically, a town could have an ordinance against swords.

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**Author:** ![Cartooniverse](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cartooniverse/32/3084_2.png) [@Cartooniverse](https://boards.straightdope.com/u/Cartooniverse)\
**Post date:** [July 26, 2012, 1:59pm UTC](https://boards.straightdope.com/t/concealed-carry-vs-open-carry-guns/629300/47 "2012-07-26T13:59:03Z")

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> [@Mdcastleman](#):
>
> Although the above poster didn’t experience it, there was a fair amount of harassment in Wisconsin. People were being charged with disorderly conduct for the mere act of carrying a firearm. The attourny general tol authorities to knock it off but that didn’t stop the practice, there was an incident in Madison after the order came out.

He didn’t experience it because according to the wording in his post, he is a Law Enforcement Officer. He won’t be harassed in any way.

Non-LEO’s will be.

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**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\
**Post date:** [July 26, 2012, 7:42pm UTC](https://boards.straightdope.com/t/concealed-carry-vs-open-carry-guns/629300/48 "2012-07-26T19:42:55Z")

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> [@pkbites](#):
>
> …But there is no such law on swords and such. so, theoretically, a town could have an ordinance against swords.

Who decided, and when, that “arms” meant firearms?

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**Author:** ![Cartooniverse](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cartooniverse/32/3084_2.png) [@Cartooniverse](https://boards.straightdope.com/u/Cartooniverse)\
**Post date:** [July 26, 2012, 9:03pm UTC](https://boards.straightdope.com/t/concealed-carry-vs-open-carry-guns/629300/49 "2012-07-26T21:03:58Z")

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> [@pkbites](#):
>
> But there is no such law on swords and such. so, theoretically, a town could have an ordinance against swords.

Interesting that “ordinance” means law/ decree and ordnance means explosives or weaponry.

I’m just sayin’.

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**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\
**Post date:** [July 27, 2012, 5:02am UTC](https://boards.straightdope.com/t/concealed-carry-vs-open-carry-guns/629300/50 "2012-07-27T05:02:51Z")

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> [@Cartooniverse](#):
>
> He didn’t experience it because according to the wording in his post, he is a Law Enforcement Officer. He won’t be harassed in any way.

Absolute hogwash. How would anyone know who I am and what I do? For example, today I OC’d wearing blue jeans and my purple awesome Possum T-shirt. I don’t live in the jurisdiction I currently work in, and I don’t live in the jurisdiction I retired from. And I don’t know anyone in 98% of the blocks I walked my dog in. And no, I do not walk around with my badge on my belt. How would anyone know what I do for a living?  
Retraction, please!

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<div class="post-metadata">

**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\
**Post date:** [July 27, 2012, 5:10am UTC](https://boards.straightdope.com/t/concealed-carry-vs-open-carry-guns/629300/51 "2012-07-27T05:10:45Z")

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> [@ducati](#):
>
> Concealed carriers are Clark Kent. We just do our thing in peace and anonymity until it’s time not to.

You are aware that historically laws against concealed carry originated in the belief that folks who concealed their weapons were cowards, right?

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**Author:** ![Cartooniverse](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cartooniverse/32/3084_2.png) [@Cartooniverse](https://boards.straightdope.com/u/Cartooniverse)\
**Post date:** [July 27, 2012, 3:42pm UTC](https://boards.straightdope.com/t/concealed-carry-vs-open-carry-guns/629300/52 "2012-07-27T15:42:09Z")

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None offered. In five seconds a quiet exchange resolves these things. Don’t tell me they don’t, I have seen it firsthand.

" I’m on the job. "

" I work out of the one-one-four. "

And so on. Professional Courtesy is the sme as it ever was…

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**Author:** ![lonestar88](https://avatars.discourse-cdn.com/v4/letter/l/d2c977/32.png) [@lonestar88](https://boards.straightdope.com/u/lonestar88)\
**Post date:** [July 27, 2012, 5:14pm UTC](https://boards.straightdope.com/t/concealed-carry-vs-open-carry-guns/629300/53 "2012-07-27T17:14:52Z")

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> [@Great\_Antibob](#):
>
> … So, a rack of rifles in your truck is perfectly legal, though, even if licensed, you need to conceal any handguns that are also in the truck. \*\* If not licensed, you can only legally transport a handgun in a case in the trunk of a car or in the cargo area of a truck or SUV… \*\*.

**Bolding mine**

That portion is not true, because:  
Gov. Perry also signed H.B. 1815, a bill that allows **any Texas resident to carry a concealed handgun in the resident’s motor vehicle without a CHL or other permit**.[6] Chapter 46, Section 2 of the Penal Code states that it is in fact not “Unlawful Carry of a Weapon” for a person to carry a weapon while in a motor vehicle they own or control, or to carry while heading directly from the person’s home to that car. However, lawful carry while in a vehicle requires these three critical qualifiers: (1) the gun must be concealed; (2) the carrier cannot be involved in criminal activities, other than Class C traffic misdemeanors; and (3) the carrier cannot be a member of a street gang.

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<div class="post-metadata">

**Author:** ![Great\_Antibob](https://avatars.discourse-cdn.com/v4/letter/g/e47c2d/32.png) [@Great\_Antibob](https://boards.straightdope.com/u/Great_Antibob)\
**Post date:** [July 27, 2012, 5:25pm UTC](https://boards.straightdope.com/t/concealed-carry-vs-open-carry-guns/629300/54 "2012-07-27T17:25:44Z")

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Thanks for the update.

As you can tell, it’s been a while since I’ve had a refresher course on carry laws in Texas. And it doesn’t come up since I renew my CHL each time.

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<div class="post-metadata">

**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\
**Post date:** [July 27, 2012, 5:34pm UTC](https://boards.straightdope.com/t/concealed-carry-vs-open-carry-guns/629300/55 "2012-07-27T17:34:25Z")

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> [@Cartooniverse](#):
>
> None offered. In five seconds a quiet exchange resolves these things. Don’t tell me they don’t, I have seen it firsthand.
> 
> " I’m on the job. "
> 
> " I work out of the one-one-four. "
> 
> And so on. Professional Courtesy is the sme as it ever was…

Around here that stuff doesn’t work. An officer get’s dispatched to a call and it’s handled the same regardless of who or what the subject is. As far as open carry goes, officers are being trained to check the area and make sure the OCer is not doing anything wrong, and then educate the complainant on open carry legality.

At no time have any on duty police officers ever approached me while open carrying, even the few times I’ve walked right past squad cars parked running radar. Your previous post seems to infer that this is because I’m a cop when that is absolutely not the case.

I also have never really been harassed by regular citizens. A couple of months ago a guy from the [Phone company](http://forum.opencarry.org/forums/showthread.php?101215-Guy-from-the-phone-company-called-me-an-idiot) made a rude comment about it, and last year during a rare time that I went into a business a customer made a [comment](http://forum.opencarry.org/forums/showthread.php?92426-I-had-a-very-American-4th-of-July). But those are isolated cases in the years I’ve open carried.

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<div class="post-metadata">

**Author:** ![Chimera](https://avatars.discourse-cdn.com/v4/letter/c/8e8cbc/32.png) [@Chimera](https://boards.straightdope.com/u/Chimera)\
**Post date:** [July 27, 2012, 5:50pm UTC](https://boards.straightdope.com/t/concealed-carry-vs-open-carry-guns/629300/56 "2012-07-27T17:50:31Z")

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While I am certain there is more harassment and officers using improper procedure when the laws are new and they either haven’t been trained properly or they’re just jerks who haven’t received enough complaints about them yet, after a couple of years there’s no excuse for it and it generally goes away.

As for people making stupid comments, well, you’re always going to get that. Everyone has their hot button issues or the things that bother them and they’re going to say something about it in public. Try walking down the street wearing socks with sandals. I bet you get a lot more comments than if you were open carrying a gun.

But as we’ve already been told by a moderator, this is not that discussion.

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**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\
**Post date:** [July 27, 2012, 6:03pm UTC](https://boards.straightdope.com/t/concealed-carry-vs-open-carry-guns/629300/57 "2012-07-27T18:03:18Z")

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> [@Chimera](#):
>
> But as we’ve already been told by a moderator, this is not that discussion.

You’re welcome to have that discussion, but as I said since it’s largely going to be based on personal experiences, it’s better suited to IMHO. If you want to talk about it, please open another thread in IMHO. Thanks.

Colibri  
General Questions Moderator

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