Is it illegal to simply carry around a gun?

By the looks of things, Concealed Carry Permits are for concealed weapons. But are there laws to prevent someone from walking around on the street with an openly visible gun holster?

It depends on state and local law. There are places where unconcealed carry is common, even if it freaks out the tourists.

Every state has different rules - vastly different.

In Virginia, your supposition is exactly right. You don’t need any permission to buy a handgun. If you are legally permitted to possess a handgun (over 18, not a felon, etc) then you can strap it on your waist, Old West style, and walk down the street. A permit is required only for a concealed weapon.

In New York, you must obtain a permit to purchase your handgun and a separate permit to carry it.

Florida does not require a permit to purchase, but you must have a permit to carry, whether concealed or not.

What state are you interested in?

From what I remember, Oregon doesn’t have any special rules. You can carry an unloaded gun without a permit(in a case, trunk,etc), but a loaded gun requires one.

However, even if it’s legal to carry the gun around openly, the cops might still arrest you for brandishing, or displaying the gun in a threatening matter.

My buddy said that North Carolina was the same way when he moved there. I think some cities there have display bans though. I think that openly carrying would limit your options though. You probably couldn’t get into stores, office or banks.

Both of these sources suggest that, as far as the state is concerned, you are ok to carry a loaded handgun around as long as it is not concealed.

http://crime.about.com/od/gunlawsbystate/f/gunlaw_or.htm

This site suggests that local governments may restrict permission to carry loaded weapons to those with ccw permits.

Here is a FAQ from a sherrif’s department’s website that is basically consistent with these propositions.

And here are the state’s firerarms statutes. http://www.leg.state.or.us/ors/166.html

In CA, you cannot generally carry a loaded gun.

Correct. Here is the law (subject to change):

"It is unlawful to carry a loaded rifle, shotgun, or handgun in any public place or on any public street in an incorporated area or an area where firing a firearm is prohibited. In California, a firearm is considered loaded if unexpended ammunition capable of being used in the firearm is attached in any manner to the firearm. The following persons and situations are exceptions:

  1. Persons shooting on target ranges, or while hunting on the premises of a shooting club.

  2. A person who reasonably believes that he or his property is in immediate danger and the weapon must be carried for "preservation."1

  3. A person “engaged in the act of making or attempting lawful arrest.”

  4. A person carrying a firearm while at home or at his place of business, including temporary residences and campsites."

Out of curiousity then, why the hell is there all this hubbub about concealed gun laws in States that permit the un-concealed carrying?

I mean, seems to me personally, that if I wanted a concealed gun for protection-and it really was about protection-I’d carry a gun in a holster on my waist. God knows people would be a lot less likely to mess with you if your gun is in plain sight.

Am I missing something here?

Yup. The fact a criminal can see it and adjust the plan of attack accordingly. If I plan on robbing you and see the gun, I’ll adjust the technique so I get the money and the gun. Before you even know what’s happening.

The concealed carry idea is the criminals aren’t sure if you have a gun or not. From what I understand, it’s a pretty good deterrent where it’s allowed. (As it is here, and I’ve never been hassled with) :slight_smile:

I’d wager you still run into a few problems. For instance:

  1. As Duffer pointed out, you probably mark yourself for rougher treatment, if not from the police, then from the bad guys.
  2. Some states, like Oregon, permit local governments to limit carrying weapons more stringently than the state does. That makes it complicated to travel. If you get pulled over in a municipality with a more stringent rule, you get busted.
  3. While you can be out in public in these jurisdictions with your gun, that doesn’t mean you can go anywhere with it.

Here is a good site for researching state laws on carrying firearms:

http://www.firearmslawcenter.org/content/state_local.asp

I recall in my Administration of Justice class my instructor saying that yes, you can carry an unconcealed unloaded handgun around. There’s some gray areas as to the loaded part. For example, I don’t think you can have an unloaded gun in your glove box AND a loaded magazine in the same compartment, even if it’s not actually IN the gun itself.

And honestly, I would actually imagine that if you were to just walk around some of the wrong neighborhoods of say, L.A., with a gun in some cowboy holster, you’d have a good chance of some gangbanger sticking you up for it.

… especially because the gun is probably worth more than the money you’re carrying…

Or worse. Why stick a guy up for a gun if you can shoot him in the back and take it from his corpse? Sticking the guy up just invites him to draw down on you, and even if you shoot first, he might be more accurate, or luckier. If I’m gonna take a gun off of a guy who is carrying it in a holster, I’m not going to play showdown with him. I’m going to make sure he doesn’t have a chance to blow me away.

Gun carry is sort of like prostitution. Local laws tend to adopt one or the other contradictory points of view.

One is that open carry causes public panic. It is called ‘brandishing’ a weapon. (Or that prostitution on the streets is a public nuisance.)

The other is that concealed carry is concealed threat to the public and so is generally prohibited. (Or that houses of prostitution encourage the enslavement of women, better they are on the street.)

So I might be able to carry two pistols in my belt, but I can’t proudly wave them high?

Arizona has always had legal open carry in any place guns are not otherwise prohibited. I wouldn’t say it’s commonplace but not terribly unusual as most people who do carry legally do so concealed with a permit.

Not always! In Tombstone, AZ, in the 1880’s, people entering the town had to remove their gunbelts. Enforced by Sheriff Wyatt Earp.

As I recall, that’s why the famous gunfight was held at the OK Corrall – it was located at the edge of town, just outside the city limits.

I thought of mentioning that but it was enacted in territorial days and was only struck down a few years ago as being contrary to the Arizona constitution which prohibits political subdivitions like cities and counties from having different gun laws than the state. Indian reservations are a different matter as they are sovereign nations. This is no small issue as Arizona has the most reservation land of any state and guns are strictly prohibited on them with extremely few exceptions.

FWIW the OK Corral is located in Tombstone next to Fly’s photograpshy studio.