# Question about gun carrying legalities. **URL:** \ **Category:** Factual Questions\ **Created:** [March 4, 2008, 12:31am UTC](https://boards.straightdope.com/t/question-about-gun-carrying-legalities/439976 "2008-03-04T00:31:25Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![diggleblop](https://avatars.discourse-cdn.com/v4/letter/d/ac91a4/32.png) [@diggleblop](https://boards.straightdope.com/u/diggleblop)\ **Post date:** [March 4, 2008, 12:31am UTC](https://boards.straightdope.com/t/question-about-gun-carrying-legalities/439976/1 "2008-03-04T00:31:25Z")
In the state of Maryland, it’s very difficult to get a gun carry permit. Well, since I live in Maryland, what would happen if I didn’t have a concealed carry permit and a cop came to my door to serve a child support form (nothing for an arrest or anything), and as I opened the glass storm door he happened to see a gun pop out of my windbreaker, obviously concealed. Would the cop have a right to say something to me? Would I have to let him know that I am carrying? Could anything be done or not, since I’m in my own home, I would think not. I mean hell, I could be pretending to play cop, right? ---
**Author:** ![Tripler](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripler/32/21807_2.png) [@Tripler](https://boards.straightdope.com/u/Tripler)\ **Post date:** [March 4, 2008, 12:39am UTC](https://boards.straightdope.com/t/question-about-gun-carrying-legalities/439976/2 "2008-03-04T00:39:30Z")
Unless I’m completely wrong, 99.9% of the states say that it’s okay to carry concealed in your own home. Let me dig, and I’ll find a cite. . . Tripler Give me a few minutes ---
**Author:** ![Tripler](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripler/32/21807_2.png) [@Tripler](https://boards.straightdope.com/u/Tripler)\ **Post date:** [March 4, 2008, 12:51am UTC](https://boards.straightdope.com/t/question-about-gun-carrying-legalities/439976/3 "2008-03-04T00:51:39Z")
Here you go: From [here–](http://michie.lexisnexis.com/maryland/lpExt.dll?f=templates&eMail=Y&fn=main-h.htm&cp=mdcode/8f5c/91a5/91d0/91db) - § 4-203. Wearing, carrying, or transporting handgun. \*\*(1) Except as provided in subsection (b) of this section, a person may not: ``` (i) wear, carry, or transport a handgun, whether concealed or open, on or about the person; ** (ii) wear, carry, or knowingly transport a handgun, whether concealed or open, in a vehicle traveling on a road or parking lot generally used by the public, highway, waterway, or airway of the State; ``` (snipped for brevity) \*\*(b) Exceptions.- This section does not prohibit: \*\* (more snipped) ``` (6) **the wearing, carrying, or transporting of a handgun by a person on real estate that the person owns or leases or where the person resides or within the confines of a business establishment that the person owns or leases;** * ``` [sub]bolding by Tripler[/sub] So, while the Five-O may be a little discomforted, it’s your right. Disclaimer: I am not a lawyer. Nor do I have bail money should you leave your property. Tripler So, play “Cop”, but not “dumbass-loaded-gun-takes-my-foot-off-Cop” ---
**Author:** ![Lumpy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lumpy/32/446_2.png) [@Lumpy](https://boards.straightdope.com/u/Lumpy)\ **Post date:** [March 4, 2008, 1:19am UTC](https://boards.straightdope.com/t/question-about-gun-carrying-legalities/439976/4 "2008-03-04T01:19:12Z")
That’s why the D.C. law that’s up for review by the Supreme Court is so strong a test case: it practically makes it illegal for someone to have an assembled working firearm inside the privacy of their own home. However, if the cop was looking for some excuse to bust/shoot you, I’m sure he could claim you “brandished” or “threatened” with the weapon. ---
**Author:** ![Cluricaun](https://avatars.discourse-cdn.com/v4/letter/c/bb73d2/32.png) [@Cluricaun](https://boards.straightdope.com/u/Cluricaun)\ **Post date:** [March 4, 2008, 3:18am UTC](https://boards.straightdope.com/t/question-about-gun-carrying-legalities/439976/5 "2008-03-04T03:18:27Z")
IMHO, unless you’re looking for trouble, flashing a “concealed” handgun around a cop is an exceedingly stupid thing to do, especially one that’s serving you with some type of paperwork. Better to leave that gun in it’s case in your home or if that sounds unreasonalbe, then at the gun store. ---
**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:** [March 4, 2008, 3:32am UTC](https://boards.straightdope.com/t/question-about-gun-carrying-legalities/439976/6 "2008-03-04T03:32:10Z")
[QUOTE=Tripler] Unless I’m completely wrong, 99.9% of the states say that it’s okay to carry concealed in your own home. [/QUOTE] You’re wrong. [QUOTE=Tripler] So, while the Five-O may be a little discomforted, it’s your right. [/QUOTE] A statute allowing it doesn’t make it a “right”. Sorry if I sound a little snarky on this, but Maryland is one of the worst states for gun owners, and doesn’t even have a “right to bear arms” provision in their state constitution. A rarity. I’d be exceptionally careful about CCW there. I was there not too long ago and even I was concerned about doing it and I’m covered by Federal law. ---
**Author:** ![Crafter\_Man](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/crafter_man/32/458_2.png) [@Crafter\_Man](https://boards.straightdope.com/u/Crafter_Man)\ **Post date:** [March 4, 2008, 12:09pm UTC](https://boards.straightdope.com/t/question-about-gun-carrying-legalities/439976/7 "2008-03-04T12:09:29Z")
Laws are prohibitive in nature. Laws don’t “permit” actions - they prohibit them. You can do anything you want unless there’s a law that says you can’t. So if there’s no law that says you can’t carry a concealed weapon in your home, then you can. ---
**Author:** ![Bear\_Nenno](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bear_nenno/32/3358_2.png) [@Bear\_Nenno](https://boards.straightdope.com/u/Bear_Nenno)\ **Post date:** [March 4, 2008, 1:08pm UTC](https://boards.straightdope.com/t/question-about-gun-carrying-legalities/439976/8 "2008-03-04T13:08:23Z")
[QUOTE=pkbites] You’re wrong. [/QUOTE] In what state is it illegal to wear a legally-owned concealed firearm. Is there such a state that allows a person to own a firearm, but forbids them to wear it concealed on their own private property? Could you name a few? I’m guessing that the only states which you cannot wear a concealed firearm in your living room, are those which forbid you from owning the firearm to begin with. Am I as wrong as the OP? ---
**Author:** ![Tripler](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripler/32/21807_2.png) [@Tripler](https://boards.straightdope.com/u/Tripler)\ **Post date:** [March 4, 2008, 1:39pm UTC](https://boards.straightdope.com/t/question-about-gun-carrying-legalities/439976/9 "2008-03-04T13:39:45Z")
[QUOTE=pkbites] You’re wrong. A statute allowing it doesn’t make it a “right”. Sorry if I sound a little snarky on this, but Maryland is one of the worst states for gun owners, and doesn’t even have a “right to bear arms” provision in their state constitution. A rarity. I’d be exceptionally careful about CCW there. I was there not too long ago and even I was concerned about doing it and I’m covered by Federal law. [/QUOTE] Snark taken, but purely academically (not personally). I will disagree that if it’s enumerated (as it is in the code I found), it’s a “right” and not a “privilege”, but that’s a debate for a whole other thread. . . And by the measure that it’s on your own _private property_, there’s not a whole lot anyone can do in this case because it’s _your_ property (whether leased or owned). Tripler But, I digress. . . ---
**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:** [March 5, 2008, 2:28am UTC](https://boards.straightdope.com/t/question-about-gun-carrying-legalities/439976/10 "2008-03-05T02:28:03Z")
[QUOTE=Tripler] And by the measure that it’s on your own _private property_, there’s not a whole lot anyone can do in this case because it’s _your_ property (whether leased or owned). [/QUOTE] Wrong. I’ve arrested people on their own property who were carrying concealed. I was there for other reasons when I noticed the print of a firearm through a shirt. The charges stuck. By your standards one can do anything on their private property (drugs, mopery, etc.). [QUOTE=Bear\_Nenno] In what state is it illegal to wear a legally-owned concealed firearm. Is there such a state that allows a person to own a firearm, but forbids them to wear it concealed on their own private property? Could you name a few? I’m guessing that the only states which you cannot wear a concealed firearm in your living room, are those which forbid you from owning the firearm to begin with. Am I as wrong as the OP? [/QUOTE] Yes, [Wisconsin](http://64.233.169.104/search?q=cache:Y43GKrLSt68J:www.legis.state.wi.us/statutes/Stat0941.pdf+wisconsin+statute+941.23&hl=en&ct=clnk&cd=1&gl=us) \* “Any person except a peace officer who goes armed with a concealed and dangerous weapon is guilty of a class A misdemeanor”\* This includes in ones own residence. the courts ruled that to “go armed” did not have to mean going anywhere. There was a state supreme court ruling on this stating that one could use the right to bear arms clause of the state constitution as a defense against a ccw charge on ones own property. But this is a defense, not carte blanch to parade around with a concealed firearm. **Hawaii** No person shall carry concealed or unconcealed on the person a pistol or revolver without being licensed to do so under this section or compliance with section 134-5(c) or 134-6. Notice it doesn’t say “in public”. And I triple dog dare you to get a Hawaii CCW license! 2 states= less than 99.9%. Do I need to get into Illinois? Not all states allow CCW without a permit even if it is your own property. ---
**Author:** ![danceswithcats](https://avatars.discourse-cdn.com/v4/letter/d/9e8a1a/32.png) [@danceswithcats](https://boards.straightdope.com/u/danceswithcats)\ **Post date:** [March 5, 2008, 5:54am UTC](https://boards.straightdope.com/t/question-about-gun-carrying-legalities/439976/11 "2008-03-05T05:54:12Z")
There’s also the obvious, but unmentioned situation that if you’re a felon or other person prohibited from possessing a firearm, it doesn’t matter where you are or what you’re doing, you’d best not have a pistola on your person. ---
**Author:** ![Bear\_Nenno](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bear_nenno/32/3358_2.png) [@Bear\_Nenno](https://boards.straightdope.com/u/Bear_Nenno)\ **Post date:** [March 5, 2008, 11:28am UTC](https://boards.straightdope.com/t/question-about-gun-carrying-legalities/439976/12 "2008-03-05T11:28:20Z")
[QUOTE=pkbites] Wrong. I’ve arrested people on their own property who were carrying concealed. I was there for other reasons when I noticed the print of a firearm through a shirt. The charges stuck. By your standards one can do anything on their private property (drugs, mopery, etc.). Yes, [Wisconsin](http://64.233.169.104/search?q=cache:Y43GKrLSt68J:www.legis.state.wi.us/statutes/Stat0941.pdf+wisconsin+statute+941.23&hl=en&ct=clnk&cd=1&gl=us) \* “Any person except a peace officer who goes armed with a concealed and dangerous weapon is guilty of a class A misdemeanor”\* This includes in ones own residence. the courts ruled that to “go armed” did not have to mean going anywhere. There was a state supreme court ruling on this stating that one could use the right to bear arms clause of the state constitution as a defense against a ccw charge on ones own property. But this is a defense, not carte blanch to parade around with a concealed firearm. **Hawaii** No person shall carry concealed or unconcealed on the person a pistol or revolver without being licensed to do so under this section or compliance with section 134-5(c) or 134-6. Notice it doesn’t say “in public”. And I triple dog dare you to get a Hawaii CCW license! 2 states= less than 99.9%. Do I need to get into Illinois? Not all states allow CCW without a permit even if it is your own property. [/QUOTE] Wow. That’s insane. ---
**Author:** ![Bear\_Nenno](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bear_nenno/32/3358_2.png) [@Bear\_Nenno](https://boards.straightdope.com/u/Bear_Nenno)\ **Post date:** [March 5, 2008, 11:33am UTC](https://boards.straightdope.com/t/question-about-gun-carrying-legalities/439976/13 "2008-03-05T11:33:09Z")
How close of a proximity do you think you could still get the charges to stick? I mean, if you arrested a man on his couch, after searching his immediate area, you find a pistol under the cushion he was sitting on. Would you add a conceal firearm charge? Would it stick? Just curious. In Florida, you can’t do that in your car (hide an uncased, readily accessible pistol), but you’re okay in your home. ---
**Author:** ![Tripler](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripler/32/21807_2.png) [@Tripler](https://boards.straightdope.com/u/Tripler)\ **Post date:** [March 5, 2008, 1:28pm UTC](https://boards.straightdope.com/t/question-about-gun-carrying-legalities/439976/14 "2008-03-05T13:28:07Z")
[QUOTE=pkbites] Wrong. I’ve arrested people on their own property who were carrying concealed. I was there for other reasons when I noticed the print of a firearm through a shirt. The charges stuck. By your standards one can do anything on their private property (drugs, mopery, etc.) [/quote] So, wait, you were there for _other reasons_, and arrested them for those other reasons with the additional charge of carrying a weapon in the commission of a crime? Or did you go there for something else and independently charge them with carrying concealed on their own property? And no, not “anything goes” on your property—we’re talking about concealed carry of weapons here. I know full well you can’t run a brothel or meth lab out of your house. But I looked into your Hawaiian quote—that section doesn’t even address carry within the home. But 134-9 does discuss “License to Carry”: > [@](#): > > 134-9 Licenses to carry. (a) In an exceptional case, when an applicant shows reason to fear injury to the applicant’s person or property, the chief of police of the appropriate county may grant a license to an applicant who is a citizen of the United States of the age of twenty one years or more or to a duly accredited official representative of a foreign nation of the age of twenty-one years or more to carry a pistol or revolver and ammunition therefor concealed on the person within the county where the license is granted. Where the urgency or the need has been sufficiently indicated, the respective chief of police may grant to an applicant of good moral character who is a citizen of the United States of the age of twenty-one years or more, is engaged in the protection of life and property, and is not prohibited under section 134 7 from the ownership or possession of a firearm, a license to carry a pistol or revolver and ammunition therefor unconcealed on the person within the county where the license is granted. The chief of police of the appropriate county, or the chief’s designated representative, shall perform an inquiry on an applicant by using the National Instant Criminal Background Check System, to include a check of the Immigration and Customs Enforcement databases where the applicant is not a citizen of the United States, before any determination to grant a license is made. Unless renewed, the license shall expire one year from the date of issue. > (b) The chief of police of each county shall adopt procedures to require that any person granted a license to carry a concealed weapon on the person shall: > (1) Be qualified to use the firearm in a safe manner; > (2) Appear to be a suitable person to be so licensed; > (3) Not be prohibited under section 134-7 from the ownership or possession of a firearm; and > (4) Not have been adjudged insane or not appear to be mentally deranged. > (c) No person shall carry concealed or unconcealed on the person a pistol or revolver without being licensed to do so under this section or in compliance with sections 134-5(c) or 134-25. > (d) A fee of $10 shall be charged for each license and shall be deposited in the treasury of the county in which the license is granted. [L 1988, c 275, pt of §2; am L 1994, c 204, §8; am L 1997, c 254, §§2, 4; am L 2000, c 96, §1; am L 2002, c 79, §1; am L 2006, c 27, §3 and c 66, §3; am L 2007, c 9, §8] And this: > [@](#): > > [§134-23] Place to keep loaded firearms other than pistols and revolvers; penalty. (a) Except as provided in section 134 5, all firearms shall be confined to the possessor’s place of business, residence, or sojourn; provided that it shall be lawful to carry unloaded firearms in an enclosed container from the place of purchase to the purchaser’s place of business, residence, or sojourn, or between these places upon change of place of business, residence, or sojourn, or between these places and the following: > (1) A place of repair; > (2) A target range; > (3) A licensed dealer’s place of business; > (4) An organized, scheduled firearms show or exhibit; > (5) A place of formal hunter or firearm use training or instruction; or > (6) A police station. > “Enclosed container” means a rigidly constructed receptacle, or a commercially manufactured gun case, or the equivalent thereof that completely encloses the firearm. > (b) Any person violating this section by carrying or possessing a loaded firearm other than a pistol or revolver shall be guilty of a class B felony. [L 2006, c 66, pt of §1] But still through all of the section here: [Hawaiian Revised Statues Section 134](http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/), I see nothing that specifically discusses concealed carry within the home—it just kind of dances around the subject. Now if you’re telling me they’re going to stretch these laws to cover that, just say it plainly and I’ll take you at your word. Unlike the Wisconsin website you quoted, the Hawaiian references do not have case law attached to them providing for affirmative or passive defenses. > [@](#): > > 2 states= less than 99.9%. Do I need to get into Illinois? Not all states allow CCW without a permit even if it is your own property. So, great, you got me on math. On further searching, I found that [Illinois and Wisconsin (as well as D.C.)](http://www.ccrkba.org/reciprocity.html) do not issue permits at all. [sub]It seems the old, famed ‘[Packing.Org](http://Packing.Org)’ site has come down though.[/sub] Great, so I’m down to 96%. And even there, it appears that Hawaii _can_ issue a license, but according to **pkbites** ’ implication they are apparently impossible to get. Tripler It’s my party, and I’ll commit mopery if I want to. ---
**Author:** ![diggleblop](https://avatars.discourse-cdn.com/v4/letter/d/ac91a4/32.png) [@diggleblop](https://boards.straightdope.com/u/diggleblop)\ **Post date:** [March 5, 2008, 6:21pm UTC](https://boards.straightdope.com/t/question-about-gun-carrying-legalities/439976/15 "2008-03-05T18:21:38Z")
So wait, is it legal or not? lol ---
**Author:** ![Tripler](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripler/32/21807_2.png) [@Tripler](https://boards.straightdope.com/u/Tripler)\ **Post date:** [March 5, 2008, 6:58pm UTC](https://boards.straightdope.com/t/question-about-gun-carrying-legalities/439976/16 "2008-03-05T18:58:20Z")
[QUOTE=diggleblop] So wait, is it legal or not? lol [/QUOTE] In Hawaii, I dunno! In Wisconsin, apparently, it ain’t . . . [sub]even though one might be able to argue that (depending on circumstances) a weapon is either concealed for carry, or concealed for storage.[/sub] Tripler It’s all state-by-state. ---
**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:** [March 6, 2008, 12:28am UTC](https://boards.straightdope.com/t/question-about-gun-carrying-legalities/439976/17 "2008-03-06T00:28:53Z")
[QUOTE=Tripler] So, wait, you were there for _other reasons_, and arrested them for those other reasons with the additional charge of carrying a weapon in the commission of a crime? Or did you go there for something else and independently charge them with carrying concealed on their own property? [/QUOTE] I went there to get his statement on an incident that he witnessed in the neighborhood. Dumbass was otherwise 100% legal to have it. Plus, open Carry is legal here, especially on ones own property. [QUOTE=Tripler] Great, so I’m down to 96%. [/QUOTE] Probably less. You’re not really going to make me research the 50 other states, are you? Family Guy is coming on in 2 minutes! I’d start with New York, Taxachuesettes, etc.. I’ll bet there are more that are like WI. and Hawaii. Maybe **Loach** can fill us in on New Jersey, another hellhole for gun owners. [QUOTE=Bear\_Nenno] In Florida, you can’t do that in your car (hide an uncased, readily accessible pistol), but you’re okay in your home. [/QUOTE] I’ve got to ask for a cite on that. Though I don’t need it I just got my Florida CCW renewed and theres nothing I can find on their statutes that allows for CCW on your own property without a permit. Also, I’ve found some sites that claim unlicensed glovebox carry is okay, but they aren’t legal sites so I’m not relying on them. ---
**Author:** ![Crafter\_Man](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/crafter_man/32/458_2.png) [@Crafter\_Man](https://boards.straightdope.com/u/Crafter_Man)\ **Post date:** [March 6, 2008, 2:05am UTC](https://boards.straightdope.com/t/question-about-gun-carrying-legalities/439976/18 "2008-03-06T02:05:57Z")
[QUOTE=pkbites] I went there to get his statement on an incident that he witnessed in the neighborhood. Dumbass was otherwise 100% legal to have it. Plus, open Carry is legal here, especially on ones own property. [/QUOTE] I know this is GQ, but… Personally, I don’t have a problem with someone CC’ing on their own property. Do you agree? If so, couldn’t you have simply ignored the fact he was CC’ing instead of arresting him? Who was he hurting? 😕 Perhaps that’s why I could never make it as a cop… I would be incapable of arresting someone whom I believed was simply exercising an inalienable right. Regardless of what the “law” says. ---
**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:** [March 6, 2008, 2:15am UTC](https://boards.straightdope.com/t/question-about-gun-carrying-legalities/439976/19 "2008-03-06T02:15:42Z")
[QUOTE=Crafter\_Man] I know this is GQ, but… Personally, I don’t have a problem with someone CC’ing on their own property. Do you agree? If so, couldn’t you have simply ignored the fact he was CC’ing instead of arresting him? Who was he hurting? 😕 Perhaps that’s why I could never make it as a cop… I would be incapable of arresting someone whom I believed was simply exercising an inalienable right. Regardless of what the “law” says. [/QUOTE] Nobodys as pro-gun as I am. Do some reasearch on these boards, will ya? Without getting to involved in the case (no can do!) the guy was being a real cock after a while, so fuck him. I will answer no more questions about that day. ---
**Author:** ![DSYoungEsq](https://avatars.discourse-cdn.com/v4/letter/d/c6cbf5/32.png) [@DSYoungEsq](https://boards.straightdope.com/u/DSYoungEsq)\ **Post date:** [March 6, 2008, 3:40am UTC](https://boards.straightdope.com/t/question-about-gun-carrying-legalities/439976/20 "2008-03-06T03:40:27Z")
I always find it fascinating that there are those who believe you should be able to violate the law of the land without consequence, merely because of some sympathy towards your position or feelings on the matter. As if society’s will was of no importance to individuals. :rolleyes: No wonder the kids who come into my classroom get all upset when their mobile phone gets taken away for texting during class. [Next page](https://boards.straightdope.com/t/question-about-gun-carrying-legalities/439976.md?page=2)