Is it illegal to simply carry around a gun?

Factual Questions
41

I have three ‘full carry’ permits, each pistol requiring a separate permit. If I carry all three guns, I must carry all three permits with me.

It must have been twenty years ago that I got my first one. The final step in the process was going before a county judge. He informed me that I could carry the pistol fully concealed, or, fully in the open, and emphasized ‘no in between’

The ‘fully in the open’ option was for hunters, who were expected to conceal the gun if they ventured into the 7/11 during their hunting day.

On the seat of your car was a big no-no.

New York State, by the way. My permits do not apply in the City of NY, which has its own regs.

42

Not sure about case law but Federal law for antique and C&R status is based on actual manufacture date. A '98 Mauaser made in 1898 is an antique while an otherwise identical one made in 1901 is not.

FWIW I think Colt or some other manufacturer has a pre-1922 style 1911. A bit pricey but perfect for The Wild Bunch or Sgt. York (actually need an '08 Luger for that ;)) reenactments.

43

Lawful or not, carrying anything but a concealed firearm is a dumb thing to do. Think about it:

  1. You will creep-out the law abiding citizens to the point where they do not want anything to do with you.

  2. The un-lawful citizens will take note of you, and you will become some kind of mark among these people. Some of these people will try to steal the weapon from you. And the worst case scenario, is if someone steals the weapon from you, commits a crime with that weapon, and returns the weapon, without you knowing it. (If this sounds preposterous, don’t scoff too loudly, because it has happened.)

  3. You become a mark for the police as well. They will watch you because they are not sure that you are not causing problems.

Don’t even consider carrying an un-concealed weapon, its just plain stupid.

Concealed weapons, though better for your purposes have their probems too. I do not want to go into these, but the weapon becomes a responsibility, and a liability. So, I am not all that certain that carrying a concealed weapon is the best of ideas, but it is better than the previous option.

I think guns should be legal to own, pending certain background checks, and instructional courses. But I think people who want to carry them constantly need to consider their predicament and thier liabilities several times over before carrying a sidearm.

44

I inherited an M1911a1 from my grandfather. It was made in 1943, and he carried it until he retired, wearing it with his uniform, when appropriate. (Not all that often, for a Brigadier General) It sat on a shelf in my dad’s house for twenty years, and then when my Dad passed away, I got it.

Because I can’t abide incompetence, I joined a range and began practicing. I found an interesting thing. I could wear it to the range in a holster, and it was legal (VA) and unremarkable. In the summer, that is. Come autumn, it got cold, and I put on a coat. Now, I was a felon! Concealed weapon, unless I strapped it on over my coat.

So, I got a concealed carry permit. I use the permit now, when I go to the range, and don’t worry about my coat. Not many people worry about it, but I prefer the concealed carry to open carry, cause if I go into a place of business that does not post no weapons, I don’t have to leave the pistol in the car, which I don’t like to do. If a business posts no carry signs, I shop later, or elsewhere. It takes a bulky coat to actually conceal a Colt.

The Gun club has a “cleared weapons only” rule, which I follow, clearing the action and removing the magazine when I get there. Otherwise, when I carry, I carry it loaded. (That’s about twice a month when I go to shoot, sometimes less.) I also have it loaded at home, but there are no children in my home, and that particular worry doesn’t matter. I have taken the gun out because I “thought I might need it” exactly zero times since I got it. I do own a trigger lock, in the event that children (or adults I do not trust) might be visiting.

So, that is why a person might choose a concealed carry in a state that allows open carry.

Tris

45

Thanks all for the comments, appreciate the response. Being a man that owns a gun at home but never carries it publicly, I was curious.

That said, one more question:

I know it’s illegal to carry a firearm into a bank/hospital/X other building.

However, if you’re carrying one on you all the time and didn’t drive-is it legal/possible to walk in, ask for security, step outside, and tell them you have a firearm you wish to relinquish to them during the duration of your stay?

Obviously to do so threateningly could be a problem, but I don’t see the harm so long as one was upfront about it and wished to give it to security so long as they were on the premises.

Are there laws on that?

46

The best I can offer is anecdotal evidence. Here goes:

About five years ago I was interviewing a district attorney in Oakland, CA. I drove around the courthouse in Oakland for quite a while looking for parking and finally found a spot in a parking garage about a half-mile away. I hustled to the door, looked at the metal detector, and remembered I had a knife in my pocket. I took out the knife and asked the guard if he could hold it for me while I was interviewing the DA. He said no, I would have to take it back to my vehicle. It couldn’t enter the building, even to the guard station. Running the knife back to the truck would have made me late for my appointment, so I ended up burying the knife in a flowerpot outside the building and digging it up afterward.

I can’t imagine what I would have done if I were carrying a pistol.

47

A similar thing happened to me going into a courthouse in Greensburg, PA a few years ago. I had a small penknife on my keyring. Security put the knife into an envelope, and did some paperwork. Envelope went into a small safe. I was able to pick up the knife (which was tiny) when I left. I was allowed to carry the pen that was in my pocket. I think I could have done more damage with the pen than with the knife. :wink:

48

Random interesting story: There is a gunstore a couple blocks from where I live that has an indoor firing range (randomly enough, this gunstore shares the building with a Starbucks). They have a policy that if you have a concealed weapon when you enter the gunshop/firing range, it STAYS concealed until you leave. You’re not allowed to take the weapon out of the holster while you are on the premesis.

49

I don’t know your location, but where you can and cannot carry a concealed weapon varies from state to state. And sometimes varies by city in the state.

In Missouri it’s not illegal to carry in a bank. The bank may post a “No Concealed Weapons” sign, but even then it’s not a crime. All they can do is ask you to leave if they catch you. If they ask, and you refuse, they can call the police. If you’re still there whan they arrive, you can be charged with trespass.

I carry in the bank all the time.

Check www.packing.org for information pertaining to your state.

50

I have a friend who was involved in a minor fender bender at a stop sign. Rubber strip on bumper to the same on the other guys bumper. It should have been blown off, but the guy in front came out of his car in a red faced, spitting rage. Said friend was carrying a concealed licensed .38 in his waistband. By his reasoning, so as not to escalate an argument into a shooting, he removed his pistol from its holster, and put it on the dashboard as he got out of the car. Seeing the weapon, the rage guy waved his hands in a ‘I give up’ gesture, and got back in his car and drove off.

Two hours later, sheriffs deputies came to my friends door, and arrested him for menacing with a gun. Rage man had gone straight to a police precinct, and reported the incident.

A non jury trial resulted in revocation of my friends permit, confiscation of the weapon, and six months probation. The Judge stated that he should have never removed the weapon from its holster. If rage man had seen it there, no problem, but, as soon as it was placed in plain view, it was a threatening situation, no different then if he had come out of the car with the weapon in his hand.

51

Ltfire:

A lesson is to be learned from your friend’s conviction: when questioned by the police, do not talk. Simply tell them you have absolutely nothing to say to them, and you wish to speak with your attorney ASAP.