Open Carry in The United States - Diversity in State Laws

Diversity in State Laws

State laws on open carry vary widely. Six states and the District of Columbia fully prohibit the open carry of handguns. On the other side, twelve states permit open carry of a handgun without requiring the citizen to apply for any permit or license. Thirteen states require some form of permit (often the same permit as allows a person to carry concealed), and the remaining seventeen 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.

As of August, 2009, four states that currently restrict open carry as a remnant of the post-Civil war Reconstruction era (Texas, South Carolina, Oklahoma and Arkansas) are considering making it again legal. Bills were drafted in the Texas Legislature for the 2009 and 2011 sessions, backed by proponents such as OpenCarry.org, but did not make it to the floor.

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 1st, 2011, Wisconsin codified open carry and recognized its legality by adding a sub section to its Disorderly Conduct statute (947.01). Subsection 2 reads "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."

2012 May 15: Gov. 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."

Read more about this topic:  Open Carry In The United States

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