Open carry in the United States

In the United States, open carry refers to the practice of "openly carrying a firearm in public", as distinguished from concealed carry, where firearms cannot be seen by the casual observer.

The practice of open carry, where gun owners openly carry firearms while they go about their daily business, has seen an increase in the U.S. in recent years.[1][2] This has been marked by a number of organized events intended to increase the visibility of open carry and public awareness about the practice.[3] Proponents of open carry point to history and statistics, noting that criminals usually conceal their weapons, a stark contrast to the law-abiding citizens who display their sidearms.[4] Encouraged by groups like The Modern American Revolution,[5] OpenCarry.org, GeorgiaCarry.org and some participants of the Free State Project, open carry has seen a revival in recent years,[6][7][8] but it is not yet clear if this represents just a short-term trend.[9][10]

The gun rights community has become supportive of the practice. Alan Gottlieb of the Second Amendment Foundation has been cautious in expressing support,[11] while special-interest groups such as the aforementioned OpenCarry.org and GeorgiaCarry.org, and certain national groups such as the NRA and Gun Owners of America (GOA) have been more outspoken in favor of the practice.

Open carry is strongly opposed by gun control groups such as the Brady Campaign and the Coalition to Stop Gun Violence.[12][13]

Terminology

A man openly carrying a handgun at a fast food restaurant in Eagle, Colorado.
Open carry
The act of publicly carrying a firearm on one's person in plain sight.
Plain sight
Broadly defined as not being hidden from common observation; varies somewhat from state to state. Some states specify that open carry occurs when the weapon is "partially visible," while other jurisdictions require the weapon to be "fully visible" to be considered carried openly.
Loaded weapon
Definition varies from state to state. Depending on state law, a weapon may be considered "loaded" under one of the following criteria:
  • Only when a live round of ammunition is in the firing chamber of the weapon
  • When a magazine with ammunition is inserted into the firearm, regardless of whether or not a round is in the chamber
  • When a person has both the firearm and its ammunition in his or her possession (or readily accessible, in some instances), without regard as to whether a round is in the chamber or a magazine with ammunition is inserted into the firearm (most common legal definition in "gun-control" states)
Preemption
In the context of open carry: the act of a state legislature passing laws which limit or eliminate the ability of local governments to regulate the possession or carrying of firearms.
Prohibited persons
This refers to people who are prohibited by law from carrying a firearm. Typical examples are felons, those convicted of a misdemeanor of domestic violence, those found to be addicted to alcohol or drugs, those who have been involuntarily committed to a mental institution, and those who have been dishonorably discharged from the United States Armed Forces.

Categories of law

Today in the United States, the laws vary from state to state regarding open carry of firearms. The categories are defined as follows:

A hunter carrying a revolver in a visible rear holster.
Permissive open carry states
a state has passed full preemption of all firearms laws, with few exceptions. They do not prohibit open carry for all nonprohibited citizens and do not require a permit or license to open carry. Open carry is lawful on foot and in a motor vehicle.
Licensed open carry states
a state has passed full preemption of all firearms laws, with few exceptions. They permit open carry of a handgun to all nonprohibited citizens once they have been issued a permit or license. Open carry of a handgun is lawful on foot and in a motor vehicle. In practice however, some of these states that have May-Issue licensing laws can be regarded as Non-Permissive for open carry, as issuing authorities rarely or never grant licenses to ordinary citizens.
Anomalous open carry states
the legality of open carry varies within state, based on local policies (usually at the county level, but it may also include incorporated cities and towns). In such states, some local jurisdictions may permit open carry, and others may impose varying degrees of restrictions or prohibit open carry entirely.
Rural open carry states
open carry is generally prohibited except in unincorporated areas of counties in which population densities are below statutorily-defined thresholds, and local authorities have enacted legislation to not prohibit open carry in such jurisdictions (California). As such, they are also regarded as Anomalous open carry states.
Nonpermissive open carry states
open carry of a handgun is not lawful or is lawful only under such a limited set of circumstances that public carry is effectively prohibited. They may include when one is hunting or traveling to/from hunting locations, on property controlled by the person carrying, or for lawful self-defense. Additionally, some states with May-Issue licensing laws are NonPermissive when issuing authorities are highly restrictive in the issuance of licenses allowing open carry.

Jurisdictions in the United States

A Map of Open Carry Laws in the United States:
  Permissive Open Carrying
  Licensed Open Carrying
  Anomalous/Rural
  Non-Permissive

In the United States, the laws concerning open carry vary by state and sometimes by municipality. The following chart lists state policies for openly carrying a loaded handgun in public.

Status of open carry, by jurisdiction
Jurisdiction[14] Permissive Licensed Anomalous/Rural Non-
Permissive		 Notes
Alabama Yes[15]
Alaska Yes
American Samoa Yes Open carry is prohibited
Arizona Yes
Arkansas Yes In August 2015 Attorney General Leslie Rutledge issued a non-binding opinion that open carry is legal while not affecting concealed carry, a concealed carry license is still required. Her opinion can be found at http://ag.arkansas.gov/opinions/docs/2015-064.html with the following extracts noted:
California Yes Open carry legal in rural counties with local ordinances allowing open carry. Some of these counties issue a permit for open carry. Additionally, a person may also open carry if he or she "reasonably believes that any person or the property of any person is in immediate, grave danger and that the carrying of the weapon is necessary for the preservation of that person or property."[17] One can expect to be detained and questioned by law enforcement in most urban areas if using the latter rationale as the basis for openly carrying a firearm in public.
Colorado Yes Open carry without a license permitted statewide, except in the City and County of Denver (where open carry is prohibited by local ordinances that pre-date Colorado's statewide pre-emption law).
Connecticut Yes Open carry with a valid pistol permit is legal statewide. Connecticut is Shall-Issue, with Limited Discretion for granting pistol permits. Connecticut is Anomalous for long gun carry, as state law does not address the open carry of rifles and shotguns; restrictions on long gun carry vary throughout Connecticut based on local policies.
Delaware Yes No permit or special license required.
District of Columbia Yes Civilian open carry is not allowed in the District of Columbia.
Florida Yes[18][19] Open carry is generally prohibited with certain exceptions, such as when one is at home, their place of work, hunting, fishing, camping, or while practice shooting and while traveling to and from those activities.

The constitutionality of the general ban on open carry is currently being challenged in the Florida Supreme Court case of Norman v. State[20][21]

Georgia Yes Licenses granted on a Shall-Issue basis.
Guam Yes FOID required.[22]
Hawaii Yes In practice Licenses rarely issued to ordinary citizens. Licenses valid in the issuing county only.
Idaho Yes
Illinois Yes[23][24]
Indiana Yes Licenses granted on a Shall Issue basis. Preemption law enacted in 2011. Indiana recognizes firearms carry licenses issued by all other states.
Iowa Yes
Kansas Yes
Kentucky Yes
Louisiana Yes Open carry is legal in Louisiana. Attorney General Opinion No. 78-0795 - The AG replies to two questions: "1. Is it legal to carry an exposed handgun?" and "2. Do Parishes and/or Municipalities have the power to regulate the carrying of exposed handguns?" The AG responds, "the carrying of an exposed handgun is not illegal, except as provided in LSA R.S. 14:95.1." And citing City of Shreveport V. Curry and City of Shreveport V. Bukhett, 357 S.2d 1078, (LA. 1978) the AG answers " It is the opinion of this office that the state statutes aforementioned have the purpose of establishing a general scheme to control weapons (handguns) and that a fair reading of those statutes show this would constitute an area in which the state has preempted the legislative control and has implicitly authorized the carrying of unconcealed weapons. Therefore, an ordinance enacted by a Parish and/or Municipality regulating the carrying of exposed handguns would be without effect as being in conflict with State Law.
Maine Yes
Maryland Yes In practice Licenses are rarely issued to ordinary citizens. However, no permit is required to openly carry a rifle or shotgun.
Massachusetts Yes In practice Pistol permits are issued by local authorities on a May-Issue basis. Ability to obtain a pistol permit varies between localities. Pistol permits are valid statewide, regardless of where they were issued. In practice, open carry is highly discouraged by authorities, and one may be charged with Disorderly Conduct or Breach of Peace if open carry causes public alarm. Open carry of long guns prohibited.
Michigan Yes[25] No License needed for open carry (not in a Vehicle). A valid Concealed Pistol License (CPL) is required to carry in a vehicle and are granted on a Shall-Issue basis.
Minnesota Yes Licenses are granted on a Shall-Issue basis
Mississippi Yes
Missouri Yes[26] While open carry is not illegal at the state level, some localities outlaw it. However, possession of a concealed carry permit allows for preemption of local laws. Thus a permit is not required to open carry unless you wish to open carry in a locality that outlaws it.
Montana Yes
Nebraska Yes Open carry is allowed but some localities may have restrictions.
Nevada Yes
New Hampshire Yes[27] New Hampshire allows open carry in all public places; including the state house in Concord, NH. Possession of a loaded handgun in a vehicle requires a carry license.
New Jersey Yes In practice Licenses rarely granted to ordinary citizens. Open carry of long guns with a valid FID card is technically legal, but generally not practiced except while hunting.
New Mexico Yes Open carry of handguns and long guns permitted, per Article II Section 6 of the New Mexico State Constitution. State law does not preempt tribal laws on Native American reservations, except when traversing a reservation on a state-owned highway. Some tribes do not permit open carry, while some others may require a tribal permit for open carry.
New York Yes Open carry of pistols generally prohibited except while hunting or at a range. Open carry of unloaded long guns is not explicitly prohibited by any law, but is generally not practiced.
North Carolina Yes
North Dakota Yes License required for open carry of loaded handgun. No license required for open carry of long guns.
Northern Mariana Islands Yes Ban on transporting operable firearms was ruled unconstitutional. New legislation to deal with the court ruling is still pending. Open carry remains legal currently.[28]
Ohio Yes Ohio is an open carry state. Open carry is not permitted in vehicles without a Concealed Handgun License. Local firearm laws were preempted in 2007.[29][30]
Oklahoma Yes Residents of permitless carry states may openly carry without a license with a valid ID from their home state.
Oregon Yes Some more populous locations (Portland, Salem, etc.) have ordinances restricting open carry. Persons with concealed carry licenses are exempt from local open carry restrictions.
Pennsylvania Yes License to carry needed to open carry in a motor vehicle[31] or in a city of the first class (pop over 1,000,000—currently only Philadelphia falls into this category) [32]
Puerto Rico Yes[33]
Rhode Island Yes Open carry of handguns permitted with permit issued by the Attorney General's Office. No permit required to carry long guns.
South Carolina Yes Open carry of a handgun is prohibited, but open carry of long guns are allowed.
South Dakota Yes
Tennessee Yes
Texas Yes As of 1 January 2016, licensed open carry of handguns (only if carried in a belt or shoulder holster) is legal.[34] Open carry of long guns or antique pistols without a permit was already legal.
U.S. Virgin Islands Yes Open carry is prohibited.
Utah Yes A license is required to openly carry a loaded firearm (e.g., a live round of ammunition in the firing chamber of the weapon). No license necessary when the weapon is unloaded and exposed.
Vermont Yes
Virginia Yes Open carry is generally allowed without a permit for people 18 years of age and older. The following cities and counties have exceptions that disallow the open carry of "assault weapons" (any firearm that is equipped with a magazine that will hold more than 20 rounds of ammunition or is designed by the manufacturer to accommodate a silencer or equipped with a folding stock) or shotguns equipped with a magazine that holds more than 7 rounds: the Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, and Virginia Beach and in the Counties of Arlington, Fairfax, Henrico, Loudoun, and Prince William. These restrictions do not apply to valid concealed carry permit holders. Stated differently, you may open carry an assault weapon/shotgun with more than 7 rounds with a permit in the aforementioned locations, but do not need a permit to do so in any other locality in Virginia.
Washington[35] Yes Open carry is legal without a license, but to carry a handgun loaded in a vehicle one needs a concealed pistol license (CPL).[36] Carry of loaded rifles and shotguns in vehicles is also restricted, per RCW 77.15.460[37]
West Virginia Yes Open carry is not allowed in the City of Charleston.
Wisconsin Yes Section 32 of 2011 Wisconsin Act 35 (codified as Wis. Stat. 167.31(2)(b), removed the vehicle carry restriction for handguns. However, what constitutes open carry is defined by case law. If one does not possess a Wisconsin concealed weapons license (or a qualifying out of state license), ensuring that the weapon is visible from the outside is essential.[40]
Wyoming[14] Yes

Constitutional implications

Open carry has never been authoritatively addressed by the United States Supreme Court. The most obvious predicate for a federal "right" to do so would arise under the Second Amendment of the U.S. Constitution.

In the majority opinion in the case of District of Columbia v. Heller (2008), Justice Antonin Scalia wrote concerning the entirety of the elements of the Second Amendment; "We find that they guarantee the individual right to possess and carry weapons in case of confrontation." However, Scalia continued, "Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose."[41]

Forty five states' constitutions recognize and secure the right to keep and bear arms in some form, and none of those prohibit the open carrying of firearms. Five state constitutions provide that the state legislature may regulate the manner of carrying or bearing arms, and advocates argue that none rule out open carry specifically. Nine states' constitutions indicate that the concealed carrying of firearms may be regulated and/or prohibited by the state legislature.[42] Open carry advocates argue that, by exclusion, open carrying of arms may not be legislatively controlled in these states. But this is not settled law.

Section 1.7 [43] of Kentucky's state constitution only empowers the state to enact laws prohibiting "concealed carry".

In 2015, former Florida congressman Allen West opined, regarding the 2015 Supreme Court decision in Obergefell v. Hodges, "Using the same 'due process clause' argument as the Supreme Court just applied to gay marriage, my concealed carry permit must now be recognized as valid in all 50 states and the District of Columbia.“[44] This opinion echoes reasoning contained in an Amicus curiae brief in Obergefell.[45]

Demonstrations and events

Diversity in state laws

State laws on open carry vary widely. Four states, the Territory of the U.S. Virgin Islands and the District of Columbia fully prohibit the open carry of handguns. On the other side, twenty-five states permit open carry of a handgun without requiring the citizen to apply for any permit or license. Fifteen states require some form of permit (often the same permit as allows a person to carry concealed), and the remaining five states, though not prohibiting the practice in general, do not preempt local laws or law enforcement policies, and/or have significant restrictions on the practice, such as prohibiting it within the boundaries of an incorporated urban area. Illinois allows open carry on private property only.[70]

On October 11, 2011, California Governor Jerry Brown signed into law that it would be a "misdemeanor to openly carry an exposed and unloaded handgun in public or in a vehicle." This does not apply to the open carry of rifles or long guns or persons in rural areas where permitted by ordinance.

On November 1, 2011, Wisconsin explicitly acknowledged the legality of open carry by amending its disorderly conduct statute (Wis. Stat. 947.01). A new subsection 2 states "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."

On May 15, 2012, Oklahoma Governor Mary Fallin signed Senate Bill 1733, the Oklahoma Self Defense Act, which will allow people with Oklahoma concealed weapons permits to open carry if they so choose. The law took effect in November, 2012. "Under the measure, businesses may continue to prohibit firearms to be carried on their premises. SB 1733 prohibits carrying firearms on properties owned or leased by the city, state or federal government, at corrections facilities, in schools or college campuses, liquor stores and at sports arenas during sporting events."[71]

Federal Gun Free School Zones Act

The Federal Gun Free School Zones Act limits where a person may legally carry a firearm by generally prohibiting carry within 1000 ft of the property line of any K-12 school in the nation, with private property excluded.[72] A state-issued permit to carry may exempt a person from the restriction depending on the laws of the state, and most issuing states qualify for the exception. However, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives, the exception in federal law is inapplicable to permit holders outside the state that physically issued their permit, and it does does not exempt people with out-of-state permits even if the permit is recognized by state reciprocity agreements. BATFE letter explaining reciprocity of CCW permit holders and how it applies to Gun-Free School Zones.

In a 1995 Supreme Court case, the Act was declared unconstitutional: "The Court today properly concludes that the Commerce Clause does not grant Congress the authority to prohibit gun possession within 1,000 feet of a school, as it attempted to do in the Gun-Free School Zones Act of 1990, Pub. L. 101-647, 104 Stat. 4844." [73]

The law was reenacted in the slightly different form, in 1996.[74]

See also

References

  1. ↑ "Gun supporters cheer Starbucks policy". Associated Press. February 28, 2010. Retrieved 2013-03-05. Even in some "open carry" states, businesses are allowed to ban guns in their stores. And some have, creating political confrontations with gun owners. But Starbucks, the largest chain targeted, has refused to take the bait, saying in a statement this month that it follows state and local laws and has its own safety measures in its stores.
  2. ↑ O'Connell, Vanessa; Jargon, Julie (2010-03-04). "Starbucks, Other Retailers Dragged Into Gun-Control Dispute - WSJ.com". The Wall Street Journal. Retrieved 2010-03-11. The "open carry" movement, in which gun owners carry unconcealed handguns as they go about their everyday business, is loosely organized around the country but has been gaining traction in recent months. Gun-control advocates have been pushing to quash the movement, including by petitioning the Starbucks coffee chain to ban guns on its premises. Anti-gun activists gathered at the original Starbucks in Seattle to push retailers like the coffee chain to ban customers from openly carrying guns, WSJ's Nick Wingfield reports. Businesses have the final say on their property. But the ones that don't opt to ban guns—such as Starbucks—have become parade grounds of sorts for open-carry advocates.
  3. ↑ "Gun-rights activists to descend on downtown Palo Alto - San Jose Mercury News". Retrieved 2010-03-11. Today, a group of gun-rights advocates will exercise their Second Amendment rights by congregating in the plaza with unloaded firearms in plain view. Bay Area members of the national "open carry" movement said they chose the city in part because it is one of the few in the state that has a municipal ban on gun possession. Don't expect any '60s-style confrontations with authorities, however. Palo Alto officials said Friday they will not attempt to enforce the city's ordinance, since it is superseded by state law allowing people to carry guns openly as long as they're not loaded. "We're not going to try to fight state law on this," said Palo Alto police Lt. Sandra Brown. "We're just going to let it happen."
  4. ↑ Pierce, John (April 15, 2010). "Why 'Open Carry' Gun Laws Work". US News and World Report. Retrieved October 26, 2011.
  5. ↑ ModernAmericanRevolution, The (January 1, 2010). "America WILL HAVE 'Open Carry/Concealed Carry/Constitutional Carry' In ALL 50 States!". The Modern American Revolution. Retrieved March 24, 2014.
  6. 1 2 Jurjevics, Rosa (July 15, 2009). "They Carry Guns". San Diego Reader. Retrieved October 26, 2011.
  7. ↑ Riccardi, Nicholas (2008-06-07). "Have gun, will show it". Los Angeles Times. Retrieved 2010-05-20.
  8. ↑ "Louisville's Bring Your Firearms to Church Day". Time. 2009-06-25. Retrieved 2010-05-20.
  9. ↑ Mensching, Colleen (August 7, 2009). "Police officers eyes opening to 'open carry'". North County Times. Retrieved October 26, 2011.
  10. ↑ "Gun Movement Encourages Display Of Weapons". NPR. July 2, 2008. Retrieved October 26, 2011.
  11. ↑ Urbina, Ian (2010-03-07). "Locked, Loaded, and Ready to Caffeinate". The New York Times.
  12. ↑ Leinwand, Donna (2009-02-11). "4 states, among last holdouts, eye open-carry gun laws". Usatoday.Com. Retrieved 2016-03-10.
  13. ↑ Stuckey, Mike (August 25, 2009). "Guns near Obama fuel 'open-carry' debate". MSNBC. Retrieved October 26, 2011.
  14. 1 2 Kranz, Steven W. (2006). "A Survey of State Conceal And Carry Statutes: Can Small Changes Help Reduce the Controversy?". Hamline Law Review. 29 (638).
  15. ↑ Changes Coming to Alabama Gun Laws, WTVM Channel 9, May 22, 2013
  16. ↑ Arkansas. "Attorney General". Attonery General Opinions. Arkansas AG. Retrieved 10 December 2015.
  17. ↑ Ruling on Peruta v. San Diego, 9th Circuit U.S. Court of Appeals, June 9, 2016
  18. ↑ "Chapter 790 Section 053 - 2013 Florida Statutes - The Florida Senate". Flsenate.gov. Retrieved 19 January 2015.
  19. 1 2 "Chapter 790 Section 25 - 2013 Florida Statutes - The Florida Senate". Flsenate.gov. Retrieved 19 January 2015.
  20. ↑ "Norman v. State" Court challenge to constitutionality of Florida's open carry ban statute.
  21. ↑ "Florida's Fourth District Court of Appeals Website". 4dca.org. 2014-11-06. Retrieved 2016-03-10.
  22. ↑ "Guam". handgunlaw.us. Retrieved 2014-05-12.
  23. ↑ "Illinois", OpenCarry.org. Retrieved May 27, 2014. "Open carry is clearly prohibited except in unincorporated areas where the county has not made open carry illegal. Additionally, note that open carry is prohibited inside a vehicle even when in unincorporated areas. Further, a recent review of Illinois statutes indicates that even open carry on foot in unincorporated areas may also be unlawful, and so in an abundance of caution, we classify Illinois as a state banning open carry entirely."
  24. ↑ "Open Carrying in Illinois", Law Center to Prevent Gun Violence. Retrieved May 27, 2014. "Thus, while a person – whether a concealed carry licensee or not – is prohibited from knowingly carrying a fully unconcealed handgun in public, a concealed carry licensee may lawfully carry a partially exposed handgun."
  25. ↑ "Michigan Open Carry - FAQ". Michigan Open Carry, Inc.
  26. ↑ "Missouri approves concealed guns at schools and open carry in public". the Guardian. Retrieved 19 January 2015.
  27. ↑ https://web.archive.org/web/20160207213442/http://www.opencarry.org/maps/map-open-carry-of-a-properly-holstered-loaded-handgun/. Archived from the original on February 7, 2016. Retrieved January 12, 2016. Missing or empty |title= (help)
  28. ↑ Variety, Marianas. "US court: $1,000 tax on handguns unconstitutional". Marianas Variety. Retrieved 2016-10-02.
  29. ↑ "Lawriter - ORC - 9.68 Right to bear arms - challenge to law". Codes.ohio.gov. 2007-03-14. Retrieved 2016-03-10.
  30. ↑ "Lawriter - ORC". Codes.ohio.gov. Retrieved 2016-03-10.
  31. ↑ "Title 18". The official website for the Pennsylvania General Assembly. Retrieved 19 January 2015.
  32. ↑ "Title 18". The official website for the Pennsylvania General Assembly. Retrieved 19 January 2015.
  33. ↑ "SAF Lauds Puerto Rico Court Victory for Gun Rights", Second Amendment Foundation, June 19, 2015. Retrieved October 18, 2015.
  34. ↑ "Texas Lawmakers Approve Licensed Open Carry of Handguns, Governor Says He Will Sign Bill Into Law". The Blaze. May 29, 2015.
  35. ↑ "RCW 9.41.270". State of Washington. Retrieved 18 May 2014.
  36. ↑ "RCW 9.41.050". State of Washington. Retrieved 18 May 2014.
  37. ↑ "RCW 77.15.460: Loaded rifle or shotgun in vehicle—Unlawful use or possession—Unlawful use of a loaded firearm—Penalty". Apps.leg.wa.gov. 2016-01-25. Retrieved 2016-03-10.
  38. ↑ "RCW 9.41.060". State of Washington. Retrieved 18 May 2014.
  39. ↑ "RCW 9.41.290". State of Washington. Retrieved 18 May 2014.
  40. ↑ "Wis. Stat. 167.31(2)(b)". State of Wisconsin. Retrieved 6 March 2015.
  41. ↑ "District of Columbia, et al., v. Dick Anthony Heller. 554 U.S. ____ (2008)" (PDF). United States Supreme Court. 2008-06-26. Retrieved 2010-02-19.
  42. ↑ "State constitutional rights to keep and bear arms" (PDF). The Texas Review of Law & Politics. 2006-12-22. Retrieved 2014-02-08.
  43. ↑ Seventh: The right to bear arms in defense of themselves and of the State, subject to the power of the General Assembly to enact laws to prevent persons from carrying concealed weapons.
  44. ↑ Allen West (June 27, 2015). "YEEhaw! This side-effect of the gay marriage ruling will make liberals EXPLODE". Allenbwest.com. Retrieved 2016-03-10.
  45. ↑ Marc greendorfer (April 2, 2015). "Brief of Tri Valley Law as Amicus Curiae in Support of Respondents in Same Sex Marriage Cases Nos. 14-556, 14-562, 14-571 and 14-574" (PDF). pp. 15–16 (21–22 of the PDF). This Court will be in a position of having to explain how voter approved state prohibitions on one unenumerated, unrecognized right (same sex marriage) constitute a violation of the Due Process and Equal Protection Clauses of the Fourteenth Amendment, yet enumerated Constitutional rights are not befitting the same protections and, in fact, state or local regulations on such rights can be so pervasive as to prohibit the right from being exercised in a meaningful way. ... The most obvious example is the Second Amendment right to keep and bear arms. One day, this Court will have to explain how sweeping restrictions on every aspect of firearms ownership and use can be upheld yet traditional and long-standing regulations on marriage cannot be tolerated in any form or in any jurisdiction.
  46. ↑ "How to Stage a Revolution". Xroads.virginia.edu. 1967-05-02. Retrieved October 26, 2011.
  47. ↑ Skelton, George (May 3, 2007). "A seminal event remembered". Los Angeles Times.
  48. ↑ State GOP Convention/ Tense moment as protesters clash with delegate/ Controversy surrounding execution comes to convention.Houston Chronicle. Retrieved on 10-01-2009.
  49. ↑ "The Morning Journal - Armed and shopping in Vermilion Ohio". Retrieved 2010-03-09. About 70 people, who want a concealed-carry bill passed by the Ohio Legislature signed into law, showed up yesterday with pistols at their sides for a Vermilion open carry shopping day, which was organized by Ohioans For Concealed Carry.
  50. ↑ "Guns Worn In Open Legal, But Alarm Va. (washingtonpost.com)". The Washington Post. 2004-07-15. Retrieved 2010-03-15. Perez said an officer spoke with the men, then took their guns and charged them with possession of a firearm in a public place. Virginia law 18.2-287.4 expressly prohibits "carrying loaded firearms in public areas. But the second paragraph of the law defines firearms only as any semiautomatic weapon that holds more than 20 rounds or a shotgun that holds more than seven rounds -- assault rifles, mostly, Van Cleave said. Regular six-shooters or pistols with nine- or 10-shot magazines are not "firearms" under this Virginia law.
  51. ↑ "Gun owners miffed by SLC airport's confusing no-firearms signs". OpenCarry.org - Discussion Forum. Retrieved 19 January 2015.
  52. ↑ "Order and Judgment in the United States District Court for the Southern District of Georgia Augusta Division" (PDF). Georgiacarry.com. Retrieved 19 January 2015.
  53. ↑ "West Allis man not guilty in open carry gun case - JSOnline". Retrieved 2010-03-15. Municipal Judge Paul Murphy said he had reviewed several state statutes and court cases related to the right to keep and bear arms. "There being no law whatsoever dealing with the issue of an unconcealed weapon or the so-called open carry is why we're here today," Murphy said. In the end, he determined Krause's actions did not rise to disorderly conduct and found him not guilty.
  54. ↑ "Soccer mom's gun permit revoked". Reading Eagle. Associated Press. September 25, 2008. Retrieved July 13, 2014.
  55. ↑ Raffaele, Martha (October 15, 2008). "Gun-toting Pa. soccer mom gets back concealed gun permit". Spartanburg Herald-Journal. Associated Press. Retrieved July 13, 2014.
  56. ↑ "Police: Soccer mom video chatting when shot". USA Today. Associated Press. October 9, 2009. Retrieved July 12, 2014.
  57. ↑ "Judge tosses lawsuit of slain Pa. gun advocate". The Boston Globe. Associated Press. November 3, 2010. Retrieved July 13, 2014.
  58. ↑ "Police Stop Man For Carrying Gun Out In Open". Retrieved 2010-03-10. He said many departments are asking questions about how to deal with people openly carrying firearms. He said it may end up being a community-by-community, case-by-case issue fraught with the potential for danger. "Now, with open carry, which is legal, there may be no training. I could hand you my handgun, you could walk down the street carrying it with no training whatsoever. To me, there is a lot more danger now with people thinking, 'I have the right to carry it so I'm going to carry it, and not have the training,'" Banaszynski said. Guns are still prohibited in schools and any private property owner, including businesses, can ban firearms from their property.
  59. ↑ Farley, Josh (May 31, 2009). "They're Breaking the Law — and Getting Away With It". Kitsap Sun. Retrieved October 26, 2011.
  60. ↑ "Kitsap County Code". Code Publishing.
  61. ↑ Robertson, Opal. "Ordinance Amending KCC 10.12.080" (PDF). Kitsap County. Retrieved 28 May 2012.
  62. ↑ Walsh, Joan (August 12, 2009). "Who was that gun-toting anti-Obama protester?". Salon. Retrieved October 26, 2011.
  63. ↑ McCullagh, Declan (August 11, 2009). "Gun-Toting Man Draws Scrutiny Outside Obama Town Hall". CBS News. Retrieved 31 January 2010.
  64. ↑ Archived August 22, 2009, at the Wayback Machine.
  65. ↑ "Men tote assault rifles at Obama event". CNN. Retrieved 2010-05-20.
  66. ↑ Martinez, Edecio (August 18, 2009). "Man Carrying Loaded Assault Rifle Attends Obama Protest". CBS News. Retrieved October 26, 2011.
  67. ↑ "Right to Protest ... With a Gun?". Foxbusiness.com. May 6, 2011. Retrieved October 26, 2011.
  68. ↑ "Shooting suspect was strident in support of open carry efforts". Jsonline.com. Retrieved October 26, 2011.
  69. ↑ "An Open Letter from Howard Schultz, ceo of Starbucks Coffee Company". Starbucks.com. Retrieved June 20, 2014.
  70. ↑ "Illinois Compiled Statutes". Ilga.gov. Retrieved 19 January 2015.
  71. ↑
  72. ↑ "BATFE letter threatening prosecution of CCW permit holders." (PDF). Handgunlaw.us. Retrieved 2010-11-08.
  73. ↑ "United States v. Lopez, 514 US 549 - Supreme Court 1995". Scholar.google.com. Retrieved 19 January 2015.
  74. ↑ "Gun Free School Zones Act—as reenacted" (PDF). Gunlaws.com. Retrieved 19 January 2015.
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