In the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...

, open carry refers to the practice of visibly carrying a

firearm A firearm is any type of gun designed to be readily carried and used by an individual. The term is legally defined further in different countries (see Legal definitions). The first firearms originated in 10th-century China, when bamboo tubes ...

in public places, as distinguished from

concealed carry Concealed carry, or carrying a concealed weapon (CCW), is the practice of carrying a weapon (usually a sidearm such as a handgun), either in proximity to or on one's person or in public places in a manner that hides or conceals the weapon's pr ...

, 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 A handgun holster is a device used to hold or restrict the undesired movement of a handgun, most commonly in a location where it can be easily withdrawn for immediate use. Holsters are often attached to a belt or waistband, but they may be at ...

or attached to a

sling sling may refer to: Places * Sling, Anglesey, Wales * Sling, Gloucestershire, England, a small village in the Forest of Dean People with the name * Otto Šling (1912–1952), repressed Czech communist functionary Arts, entertainment, and media ...

. Carrying a firearm directly in the hands, particularly in a firing position or combat stance, is known as " brandishing" and may constitute a serious crime, but that is not the mode of "carrying" discussed in this article. New Hampshire Open Carry 2009

The practice of open carry, where gun owners openly carry firearms while they go about their daily business, has seen an increase in the United States in recent years, and is a hotly debated topic in

gun politics Gun laws and policies, collectively referred to as firearms regulation or gun control, regulate the manufacture, sale, transfer, possession, modification, and use of small arms by civilians. Laws of some countries may afford civilians a right to ...

. This has been marked by a number of organized events intended to increase the visibility of open carry and public awareness about the practice. Proponents of open carry point to history and statistics, noting that criminals usually conceal their weapons, in contrast to the law-abiding citizens who display their weapons. As of 2022, almost all US states allow for open carry either without a permit or with a permit/license. The gun rights community has become supportive of the practice, while

gun control Gun control, or firearms regulation, is the set of laws or policies that regulate the manufacture, sale, transfer, possession, modification, or use of firearms by civilians. Most countries have a restrictive firearm guiding policy, with onl ...

groups are generally opposed.

Terminology

; 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: ; 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 A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resul ...

, those convicted of a

misdemeanor A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than adm ...

domestic violence Domestic violence (also known as domestic abuse or family violence) is violence or other abuse that occurs in a domestic setting, such as in a marriage or cohabitation. ''Domestic violence'' is often used as a synonym for '' intimate partn ...

, those found to be addicted to alcohol or drugs, those who have been involuntarily committed to a

mental institution Psychiatric hospitals, also known as mental health hospitals, behavioral health hospitals, are hospitals or wards specializing in the treatment of severe mental disorders, such as schizophrenia, bipolar disorder, eating disorders, dissociative ...

, and those who have been

dishonorably discharged A military discharge is given when a member of the armed forces is released from their obligation to serve. Each country's military has different types of discharge. They are generally based on whether the persons completed their training and the ...

from the

United States Armed Forces The United States Armed Forces are the military forces of the United States. The armed forces consists of six service branches: the Army, Marine Corps, Navy, Air Force, Space Force, and Coast Guard. The president of the United States is ...

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: ; 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 carry firearms openly. Open carry is lawful on foot. A permit may or may not be required to carry in a

motor vehicle A motor vehicle, also known as motorized vehicle or automotive vehicle, is a self-propelled land vehicle, commonly wheeled, that does not operate on rails (such as trains or trams) and is used for the transportation of people or cargo. The ...

, depending on the state. ; 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 either under special circumstances or 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. ; Non-permissive 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 non-permissive when issuing authorities are highly restrictive in the issuance of licenses allowing open carry.

Jurisdictions in the United States

In the United States, the laws concerning open carry vary by

state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our S ...

and sometimes by municipality. The following chart lists state policies for openly carrying a loaded handgun in public.

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 to the United States Constitution The Second Amendment (Amendment II) to the United States Constitution protects the right to keep and bear arms. It was ratified on December 15, 1791, along with nine other articles of the Bill of Rights. In '' District of Columbia v. Helle ...

. In the majority opinion in the case of '' District of Columbia v. Heller'' (2008), Justice

Antonin Scalia Antonin Gregory Scalia (; March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectu ...

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." Forty five states' constitutions recognize and secure the

right to keep and bear arms The right to keep and bear arms (often referred to as the right to bear arms) is a right for people to possess weapons (arms) for the preservation of life, liberty, and property. The purpose of gun rights is for self-defense, including securi ...

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. Open carry advocates argue that, by exclusion, open carrying of arms may ''not'' be legislatively controlled in these states. Section 1.7 of Kentucky's state constitution only empowers the state to enact laws prohibiting "concealed carry". Open carry without a permit is a specifically protected right in the Kentucky State Constitution and that right may not be questioned, in Holland v Commonwealth(1956) as mentioned " We observe, via obiter dicta, that although a person is granted the right to carry a weapon openly, a severe penalty is imposed for carrying it concealed. If the gun is worn outside the jacket or shirt in full view, no one may question the wearer's right so to do." Concealed Carry was decided to not be protected in the state constitution. The North Carolina Supreme Court ruled in State v. Kerner that requiring any form of permit, fee or license to open carry a firearm off one's own premises is unconstitutional according to article 1, Section 30 of the states constitution which says " A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed... " The court also held that concealed carry was not a right protected by the state's constitution and thus could be regulated by law. In July 2018, a divided panel of the

United States Court of Appeals for the Ninth Circuit The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District ...

found that Hawaii's licensing requirement for open carry violated the Second Amendment. That ruling was vacated on February 8, 2019 and the case is scheduled to be heard en banc.

Grounds for detention

Several courts have ruled that the mere carriage of a firearm, where it is allowable by law, is not reasonable suspicion to detain someone, however, some courts have ruled that simply being armed is grounds for seizure.

United States Supreme Court

In '' Terry v. Ohio'' (1968), the

Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

ruled that police may stop a person only if they have a reasonable suspicion that the person has committed or is about to commit a crime, and may frisk the suspect for weapons if they have reasonable suspicion that the suspect is armed and dangerous. In an analog case, the Supreme Court ruled in '' Delaware v. Prouse'' (1979) that stopping automobiles for no reason other than to check the driver's license and registration violates the Fourth Amendment. In the case '' Florida v. J. L.'' (2000), the court ruled that a police officer may not legally stop and frisk anyone based solely on an anonymous tip that simply described that person's location and appearance without information as to any illegal conduct that the person might be planning.

Other federal courts

Unless otherwise stated, the following courts ruled that carrying a firearm is not reasonable suspicion to detain someone or being armed is not a justifiable reason to frisk someone: The

Third Circuit The United States Court of Appeals for the Third Circuit (in case citations, 3d Cir.) is a federal court with appellate jurisdiction over the district courts for the following districts: * District of Delaware * District of New Jersey * Eas ...

issued its ruling in ''United States v. Ubiles'' (2000), ''United States v. Navedo'' (2012), and ''United States v. Lewis'' (2012). The Fourth Circuit issued its ruling in ''United States v. Black'' (2013), however the decision ''United States v. Robinson'' (2017) found that a suspect stopped for a lawful reason can be frisked if the officer reasonably suspects them to be armed regardless of whether in legal possession or not. The Sixth Circuit issued its ruling in ''Northrup v. City of Toledo Police Department'' (2015). The Seventh Circuit issued its ruling in ''United States v. Leo'' (2015). The

Ninth Circuit The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District ...

issued its ruling in ''United States v. Brown'' (2019), however the decision ''United States v. Orman'' (2007) held that a police officer seizing a firearm for safety did not violate the Fourth Amendment. The Tenth Circuit issued its ruling in ''United States v. King'' (1993) and ''United States v. Roch'' (1993), however the decision ''United States v. Rodriguez'' (2013) found that the presence of a handgun in a waistband is grounds for reasonable suspicion of unlawfully carrying a deadly weapon thus justifying a stop and frisk. The District Court of New Mexico issued its ruling in ''St. John v. McColley'' (2009).

State courts

Unless otherwise stated, the following courts ruled that carrying a firearm is not reasonable suspicion to detain someone or being armed is not a justifiable reason to frisk someone: The

Arizona Supreme Court The Arizona Supreme Court is the state supreme court of the U.S. state of Arizona. Sitting in the Supreme Court building in downtown Phoenix, Arizona, Phoenix, the court consists of a chief justice, a vice chief justice, and five associate justice ...

issued its ruling in ''State v. Serna'' (2014). The

Florida Fourth District Court of Appeal The Florida Fourth District Court of Appeal is headquartered in West Palm Beach, Florida. Its twelve judges have jurisdiction over cases arising in Palm Beach County, Broward County, St. Lucie County, Martin County, Indian River County, and Okee ...

issued its ruling in ''Regalado v. State'' (2009). The

Idaho Supreme Court The Idaho Supreme Court is the state supreme court of Idaho and is composed of the chief justice and four associate justices. The decisions of the Idaho Supreme Court are binding on all other Idaho state courts. The only court that may revers ...

issued its ruling in ''State v. Bishop'' (2009). The

Illinois Supreme Court The Supreme Court of Illinois is the state supreme court, the highest court of the State of Illinois. The court's authority is granted in Article VI of the current Illinois Constitution, which provides for seven justices elected from the five ...

issued its ruling in ''People v. Granados'' (2002) however the decision ''People v. Colyar'' (2013) found that the presence of a bullet justified officers searching for weapons for officer safety. The

Indiana Supreme Court The Indiana Supreme Court, established by Article 7 of the Indiana Constitution, is the highest judicial authority in the state of Indiana. Located in Indianapolis, the Court's chambers are in the north wing of the Indiana Statehouse. In Decem ...

issued its ruling in ''Pinner v. Indiana'' (2017). The

Kentucky Court of Appeals The Kentucky Court of Appeals is the lower of Kentucky's two appellate courts, under the Kentucky Supreme Court. Prior to a 1975 amendment to the Kentucky Constitution the Kentucky Court of Appeals was the only appellate court in Kentucky. Th ...

issued its ruling in ''Pulley v. Commonwealth'' (2016). The

New Jersey Superior Court, Appellate Division The New Jersey Superior Court, Appellate Division (in case citation, N.J. Super. Ct. App. Div) is the intermediate appellate court in New Jersey. "The Appellate Division of New Jersey's Superior Court is the first level appellate court, with appe ...

issued its ruling in ''State v. Goree'' (2000). The

New Mexico Supreme Court The New Mexico Supreme Court is the highest court in the U.S. state of New Mexico. It is established and its powers defined by Article VI of the New Mexico Constitution. It is primarily an appellate court which reviews civil and criminal decis ...

issued its ruling in ''State v. Vandenberg and Swanson'' (2003) holding that frisking for weapons was reasonable. The

Pennsylvania Supreme Court The Supreme Court of Pennsylvania is the highest court in the Commonwealth of Pennsylvania's Unified Judicial System. It also claims to be the oldest appellate court in the United States, a claim that is disputed by the Massachusetts Supreme Ju ...

issued its ruling in ''Commonwealth v. Hawkins'' (1997) and ''Commonwealth v. Hicks'' (2019).' The

Tennessee Supreme Court The Tennessee Supreme Court is the ultimate judicial tribunal of the state of Tennessee. Roger A. Page is the Chief Justice. Unlike other states, in which the state attorney general is directly elected or appointed by the governor or state leg ...

issued its ruling in ''State v. Williamson'' (2012).

Demonstrations and events

* May 2, 1967 openly armed members of the

Black Panther Party The Black Panther Party (BPP), originally the Black Panther Party for Self-Defense, was a Marxism-Leninism, Marxist-Leninist and Black Power movement, black power political organization founded by college students Bobby Seale and Huey P. New ...

marched on the California state capitol in opposition to the then-proposed

Mulford Act The Mulford Act was a 1967 California bill that prohibited public carrying of loaded firearms without a permit. Named after Republican assemblyman Don Mulford, and signed into law by governor of California Ronald Reagan, the bill was crafte ...

prohibiting the public carrying of loaded firearms. After the march in the state capitol building, the law was quickly enacted. * On June 16, 2000, the New Black Panther Party along with the

National Black United Front The National Black United Front (NBUF) is an African-American organization formed in the late 1970s in Brooklyn, New York. Its headquarters are in South Shore, Chicago, Illinois. It has been described as Christian, Left-leaning, somewhat Black ...

and the

New Black Muslim Movement New is an adjective referring to something recently made, discovered, or created. New or NEW may refer to: Music * New, singer of K-pop group The Boyz Albums and EPs * ''New'' (album), by Paul McCartney, 2013 * ''New'' (EP), by Regurgitator, ...

protested against the death sentencing conviction of

Gary Graham Gary Graham (born June 6, 1950) is an American actor, musician, and author. He may be best known for his starring role as Detective Matthew Sikes in the television series '' Alien Nation'' (1989–1990) and five subsequent ''Alien Nation'' televi ...

, by openly carrying shotguns and rifles at the Texas Republican National convention in

Houston, Texas Houston (; ) is the most populous city in Texas, the most populous city in the Southern United States, the fourth-most populous city in the United States, and the sixth-most populous city in North America, with a population of 2,304,580 i ...

. * In 2003, gun rights supporters in Ohio used a succession of open carry "Defense Walks" attempting to persuade the governor to sign concealed carry legislation into law. * The legality of open carry of certain firearms in Virginia was reaffirmed after several 2004 incidents in which citizens openly carrying firearms were confronted by local law enforcement. The Virginia law prohibits the open carry, in certain localities, of any semiautomatic weapon holding more than 20 rounds or a shotgun that holds more than seven rounds, without a concealed carry permit. * In 2008, Clachelle and Kevin Jensen, of Utah, were photographed together openly carrying handguns in the

Salt Lake City International Airport Salt Lake City International Airport is a civil-military airport located about west of Downtown Salt Lake City, Utah, in the United States. The airport is the closest commercial airport for more than 2.5 million people and is within a 30-min ...

near a "no weapons" sign. The photo led to an article in ''

The Salt Lake Tribune ''The Salt Lake Tribune'' is a newspaper published in the city of Salt Lake City, Utah. The ''Tribune'' is owned by The Salt Lake Tribune, Inc., a non-profit corporation. The newspaper's motto is "Utah's Independent Voice Since 1871." History ...

'' about the airport's preempted "no weapons" signs. After a few weeks, the city removed the signs. * In 2008, Zachary Mead was detained in

Richmond County, Georgia Richmond County is a county located in the U.S. state of Georgia. As of the 2010 census, the population was 200,549. It is one of the original counties of Georgia, created February 5, 1777. Following an election in 1995, the city of Augusta ...

by law enforcement for openly carrying a firearm. The weapon was seized. The organization GeorgiaCarry.org filed a lawsuit on behalf of Mead. The court declared that the seizure was a violation of the

Fourth Amendment to the United States Constitution The Fourth Amendment (Amendment IV) to the United States Constitution is part of the Bill of Rights. It prohibits unreasonable searches and seizures. In addition, it sets requirements for issuing warrants: warrants must be issued by a judge o ...

, awarded court costs and attorney fees to Mead, and dismissed the remaining charges with prejudice. * In 2008, Brad Krause of

West Allis, Wisconsin West Allis is a city in Milwaukee County, Wisconsin, United States. A suburb of Milwaukee, it is part of the Milwaukee metropolitan area. The population was 60,325 at the 2020 census. History The name West Allis derives from Edward P. Allis, ...

was arrested by police for alleged disorderly conduct while openly carrying a firearm while planting a tree on his property. A court later acquitted him of the disorderly conduct charge, observing in the process that in Wisconsin there is no law dealing with the issue of unconcealed weapons. * On September 11, 2008, Meleanie Hain had a handgun in plain view in a holster at her 5-year-old daughter's soccer game in

Lebanon County, Pennsylvania Lebanon County ( Pennsylvania Dutch: Lebanon Kaundi) is a county in the Commonwealth of Pennsylvania. As of the 2010 census, the population was 133,568. Its county seat is the city of Lebanon. The county was formed from portions of Dauphin ...

, leading the county sheriff Michael DeLeo to revoke her weapons permit; Judge Robert Eby, a gun owner and concealed carry permit holder himself, later reinstated it. Hain launched a million-dollar lawsuit against Sheriff DeLeo, claiming he had infringed on her Second Amendment rights. About a year later, her estranged husband shot her dead in her home before killing himself. Police took several handguns, a shot gun, two rifles and several hundred rounds of ammunition from the Hains' home. Meleanie Hain's handgun was found fully loaded and in a backpack near the front door of the home, according to police. A second legal dispute with the sheriff continued after her death, but a federal judge dismissed that lawsuit on November 3, 2010. * On April 20, 2009, Wisconsin Attorney General J.B. Van Hollen issued a memorandum to district attorneys stating that open carry was legal and in and of itself does not warrant a charge of disorderly conduct. Milwaukee police chief Ed Flynn instructed his officers to take down anyone with a firearm, take the gun away, and then determine if the individual could legally carry it until they could make sure the situation is safe. * On May 31, 2009, Washington OpenCarry members held an open carry protest picnic at Silverdale's Waterfront Park, a county park. Attendees openly carried handguns in violation of posted regulations prohibiting firearms at the park. Washington state law allows the open carrying of firearms and specifically preempts local ordinances more restrictive than the state's, such as the one on the books for

Kitsap county Kitsap County is located in the U.S. state of Washington. As of the 2020 census, its population was 275,611. Its county seat is Port Orchard, and its largest city is Bremerton. The county was formed out of King County and Jefferson County on ...

. Shortly after the protest Kitsap county commissioners voted to amend KCC10.12.080 to remove the language that banned firearms being carried in county parks. KCC10.12.080 Was amended on July 27, 2009 and as of May 31, 2012 most of the signs in the county still read that firearms are prohibited despite numerous attempts to get the county to update the signs. The amendment is listed as it reads in meeting minutes from July 2009: * In July 2009, an open carry event organized by OpenCarry.org took place at Pacific Beach,

San Diego San Diego ( , ; ) is a city on the Pacific Ocean coast of Southern California located immediately adjacent to the Mexico–United States border. With a 2020 population of 1,386,932, it is the eighth most populous city in the United States ...

California California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the m ...

, where citizens carrying unloaded pistols and revolvers were subjected to Section 12031(e) inspections of their firearms on demand by police officers. The officers were obviously well-briefed on the details of the law, which allowed Californians to openly carry only unloaded guns and allows carry of loaded

magazines A magazine is a periodical publication, generally published on a regular schedule (often weekly or monthly), containing a variety of content. They are generally financed by advertising, purchase price, prepaid subscriptions, or by a combination ...

and

speedloader A speedloader is a device used to reduce the time and effort needed to reload a firearm. Speedloaders come in a variety of forms for reloading revolvers, or the magazines used with other types of firearms such as rifles and shotguns. Generally ...

s. * On August 11, 2009, William Kostric, a New Hampshire resident, Free State Project participant, and former member of We The People's Arizona Chapter, was seen carrying a loaded handgun openly in a holster while participating in a rally outside a town hall meeting hosted by

President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...

Barack Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party (United States), Democratic Party, Obama was the first Af ...

at Portsmouth High School in

New Hampshire New Hampshire is a U.S. state, state in the New England region of the northeastern United States. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Gulf of Maine to the east, and the Canadian province of Quebec t ...

. Kostric never attempted to enter the school, but rather stood some distance away on the private property of a nearby church, where he had permission to be. He held up a sign that read "It's Time to Water the Tree of Liberty!". * On August 16, 2009, "about a dozen" people were noted by police to be openly carrying firearms at a health care rally across the street from a Veterans of Foreign Wars Convention in the

Phoenix Convention Center The Phoenix Convention Center is an events venue in downtown Phoenix, Arizona located along East Monroe, East Washington, East Jefferson, North Second, North Third, and North Fifth Streets. It opened in 1972 and hosts national and regional conve ...

, where President Barack Obama was giving an address. While the Secret Service was "very much aware" of these individuals, Arizona law does not prohibit open carry. No crimes were committed by these protesters, and no arrests were made. In an interview with Fox News, commentator James Wesley Rawles characterized the Phoenix protesters as "merely exercising a pre-existing right". When he was asked about open carry, "but ... without a permit?" Rawles opined, "We ''have'' a permit – it is called the

Second Amendment The second (symbol: s) is the unit of time in the International System of Units (SI), historically defined as of a day – this factor derived from the division of the day first into 24 hours, then to 60 minutes and finally to 60 seconds each ...

." * In May 2010, Jesus C. Gonzalez was arrested and charged with homicide in a shooting which occurred while he was carrying a handgun. Gonzalez was involved in two prior arrests for disorderly conduct, based on his open carry practice. He filed a lawsuit claiming fourth and fourteenth amendment violations. His suit and appeal were both dismissed. Gonzalez was convicted on lesser charges, including reckless homicide. * The

Starbucks Starbucks Corporation is an American multinational chain of coffeehouses and roastery reserves headquartered in Seattle, Washington. It is the world's largest coffeehouse chain. As of November 2021, the company had 33,833 stores in 80 cou ...

coffee chain has been the target of several boycotts arranged by gun control groups to protest Starbucks' policy of allowing concealed and open carry weapons in stores, if allowed by local laws. A counter buycott was proposed for

Valentines Day Valentine's Day, also called Saint Valentine's Day or the Feast of Saint Valentine, is celebrated annually on February 14. It originated as a Christian feast day honoring one or two early Christian martyrs named Saint Valentine and, thro ...

of 2012 to show support from gun owners for Starbucks, with the use of two dollar bills to represent Second Amendment rights. On September 17, 2013 Howard Schultz, the CEO of Starbucks, published a letter asking customers to refrain from bringing guns into his stores. * On February 5, 2017, two self admitted open carry political activists, James Craig Baker and Brandon Vreeland, walked into a

Dearborn, Michigan Dearborn is a city in Wayne County in the U.S. state of Michigan. At the 2020 census, it had a population of 109,976. Dearborn is the seventh most-populated city in Michigan and is home to the largest Muslim population in the United States per ...

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 A balaclava, also known as a balaclava helmet or ski mask, is a form of cloth headgear designed to expose only part of the face, usually the eyes and mouth. Depending on style and how it is worn, only the eyes, mouth and nose, or just the fron ...

. 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 Active shooter or active killer describes the perpetrator of a type of mass murder marked by rapidity, scale, randomness, and often suicide. The United States Department of Homeland Security defines an ''active shooter'' as "an individual acti ...

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. 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. RVA Pro Gun Rally 2020-11 (49419554052)

* April 30, 2020 hundreds of protesters—many of them carrying guns—descended on the Michigan Capitol to oppose Gov. Gretchen Whitmer's extension of the state's

stay-at-home order A stay-at-home order, safer-at-home order, movement control order (more common in Southeast Asia), or lockdown restrictions (in the United Kingdom) – also referred to by loose use of the terms (self-) quarantine, (self-) isolation, or lockdow ...

by another two weeks, to May 15. Protesters have demonstrated against stay-at-home orders at capitols in dozens of states, but the protests in Michigan were the starkest example yet of protesters actually entering a capitol while the legislature was in session and bringing weapons with them. Michigan is an open-carry state, however, and there are no rules barring people from bringing guns into the Capitol.

Diversity in state laws

, 45 states allowed open carry, but the details vary widely. Four states, the Territory of the U.S. Virgin Islands and the

District of Columbia ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle (Washington, D.C.), Logan Circle, Jefferson Memoria ...

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. On October 11, 2011, California Governor

Jerry Brown Edmund Gerald Brown Jr. (born April 7, 1938) is an American lawyer, author, and politician who served as the 34th and 39th governor of California from 1975 to 1983 and 2011 to 2019. A member of the Democratic Party, he was elected Secretary of S ...

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 local 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 Mary Fallin (; née Copeland; born December 9, 1954) is an American politician who served as the 27th governor of Oklahoma from 2011 to 2019. A member of the Republican Party, she was elected in 2010 and reelected in 2014. She was the first and s ...

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."

Federal Gun Free School Zones Act

The Federal

Gun-Free School Zones Act of 1990 The Gun-Free School Zones Act (GFSZA) is an act of the U.S. Congress prohibiting any unauthorized individual from knowingly possessing a loaded or unsecured firearm at a place that the individual knows, or has reasonable cause to believe, i ...

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 K–12, from kindergarten to 12th grade, is an American English expression that indicates the range of years of publicly supported primary and secondary education found in the United States, which is similar to publicly supported school grade ...

school in the nation, with private property excluded. In a 1995 Supreme Court case, the Act was declared unconstitutional (on

Federalism Federalism is a combined or compound mode of government that combines a general government (the central or "federal" government) with regional governments ( provincial, state, cantonal, territorial, or other sub-unit governments) in a single ...

, not

grounds), but was reenacted in the slightly different form in 1996.

References

{{DEFAULTSORT:Open Carry Licenses Gun politics in the United States Self-defense United States firearms law