Two New Hampshire residents openly carrying holstered pistols

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. To "carry" in this context indicates that the firearm is kept readily accessible on the person, within a holster or attached to a sling. "Carrying" a firearm directly in the hands, particularly in a firing position or combat stance, is also known as "brandishing" and may constitute a serious crime, but that is not the mode of "carrying" discussed in this article.

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 weapons.[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 groups such as the aforementioned OpenCarry.org and GeorgiaCarry.org, and certain national groups such as 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 [ edit ]

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 [ edit ]

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. Permissive open carry with local restriction states a state that generally allows open carry without a license, but additional restrictions may exist on non-license holders such as local restrictions or additional restricted locations or modes of carry. Some states exempt license holders from local restrictions while others don't. 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 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 allow open carry with a permit in such jurisdictions (California). Thus, some local jurisdictions may permit open carry, and others may impose varying degrees of restrictions or prohibit open carry entirely. 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.

Demonstrator carrying a handgun at political rally in Phoenix, Arizona

Jurisdictions in the United States [ edit ]

Permissive open carrying Permissive open carrying w/ local restrictions Licensed open carrying Anomalous Non-permissive A map of open carry laws in the United States:

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.

Constitutional implications [ edit ]

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 2018, the 9th Circuit Court of Appeals, in Young v. Hawaii, published a decision that the open carry of firearms by Americans is a constitutional right.

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."[55]

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 keeping 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.[56] 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.[citation needed]

Section 1.7[57] 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."[58] This opinion echoes reasoning contained in an amicus curiae brief in Obergefell.[59] Others have indicated support or expressed skepticism for this line of reasoning.[60][61]

Demonstrations and events [ edit ]

KCC10.12.080 Amendment: It is unlawful to shoot, fire or explode any firearm, firecracker, fireworks, torpedo or explosive of any kind or to carry any firearm or to shoot or fire any air gun, BB gun, bow and arrow or use any slingshot in any park, except the park director may authorize archery, slinging, fireworks and firing of small bore arms at designated times and places suitable for their use.

On February 5, 2017, two self admitted open carry political activists, James Craig Baker and Brandon Vreeland, walked into a Dearborn, Michigan police station in order to protest what they felt was unfair profiling from an earlier traffic stop which had resulted from a 911 call after Baker had been seen near local businesses armed and dressed in tactical gear. When Baker entered the police station he was carrying an assault rifle at the "low ready" position, meaning it could be raised and fired at a moment's notice, with a fully loaded and inserted magazine. Baker was also wearing tactical gear and a ski mask. Vreeland was not armed, but was wearing body armor and carrying a camera on a tripod. The police on duty in the station immediately sounded an alarm that there was a possible active shooter in the lobby and the two activist were approached from all sides by police with guns drawn. Baker was ordered to set down his rifle and get on the floor, which he did so after a few minor protests. Vreeland, however, angrily confronted the police, stating he was not armed and only had a camera. He refused to comply with officer instructions and was tackled after several warnings to which he replied "fuck you". The two men were arrested and initially charged with misdemeanor crimes, including brandishing a weapon and disturbing the peace. These charges were later upgraded to felonies in court, partially due to a post investigation which revealed e-mails and text messages between the two men in which they discussed deliberately provoking police, staging incidents to incite lethal force situations, as well as discussing how to elude capture should police attempt to arrest them. [86] Vreeland was eventually convicted on one count of carrying a concealed weapon, one count of felony resisting and opposing an officer, and one count of disturbing the peace. Baker was convicted on a single count of carrying a concealed weapon. Vreeland received a prison sentence of nine months to five years, and began serving his sentence at the Charles Egeler Reception and Guidance Center in the fall of 2017. Baker received time in county jail and three years probation. [87] [88] [89]

Vreeland was eventually convicted on one count of carrying a concealed weapon, one count of felony resisting and opposing an officer, and one count of disturbing the peace. Baker was convicted on a single count of carrying a concealed weapon. Vreeland received a prison sentence of nine months to five years, and began serving his sentence at the Charles Egeler Reception and Guidance Center in the fall of 2017. Baker received time in county jail and three years probation. On September 1, 2017 the state of Texas legalized the open carrying of blades longer than 5.5 inches in public.[90]

Diversity in state laws [ edit ]

As of 2018 , 45 states allowed open carry,[91][92] but the details vary widely.

Four states, the Territory of the U.S. Virgin Islands and the District of Columbia fully prohibit the open carry of handguns. 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.[93]

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, an amendment to 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 November 1, 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."[94]

Federal Gun Free School Zones Act [ edit ]

The Federal Gun-Free School Zones Act of 1990 limits where a person may legally carry a firearm by generally prohibiting carry within 1,000 ft of the property line of any K-12 school in the nation, with private property excluded.[95] 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 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." [96]

The law was reenacted in the slightly different form, in 1996.[97]

See also [ edit ]