I read that Texas is trying ot get outside carry passed. That would be great. No more wearing a shirt over a shirt to cover up a gun. It's nice and cool here and two shirts make it cooler.I carry a S&W 1086 in a flap holster. It keep my pistol cleaner after crawling under my dozer or tractor,keep limbs from pulling it out when I'm riding. So it's covered up any how. Outside carry would be great in Texas like it is in most of the West.

Don't forget the Commonwealth of Pennsylvania where open carry is allowed...except in that cesspool named Philadelphia.

http://www.opencarry.org/

Open carry is legal in Wisconsin too. But should you decide to do so, you're likely to get reported to the police as a "gun crazed nutjob" and arrested!

There's been a lot of controversy over this law. The governor has vetoed a concealed carry bill twice now, making Wisconsin one of the few states that doesn't allow it.

Personally, I'm all for concealed carry and it was one of the reasons I chose Tennessee as the state to move to. For a couple hundred bucks, I can get my license and feel protected all the time.

I thought that Texas was already an open carry state. Last time I was in and around Marathon/Ft.Davis there were several in sight.

quote:

Originally posted by Ole Miss Guy:
I thought that Texas was already an open carry state. Last time I was in and around Marathon/Ft.Davis there were several in sight.

i thought so too last time i was in texas looked like everyone was armed

Go ahead and carry open, you can become a bullet sponge, 'cause the crooks will see your gun before they see mine....yours in your holster and the wrong end of mine.

Robert,

You have your opinion, some of us have ours. Today, I dressed up in a pair of nice slacks, button down collar shirt and dress shoes. I wore my black Mitch Rosen dress belt, black Milt Sparks OW BN55 holster and a black Mernickle IW mag pouch. Dropped in my Ed Brown 5" Special Forces in blue and went to my son's elementary school about 1-1/2 blocks away and voted for our state primaries. I talked to neighbors, strangers and was "thanked" by a gentleman who was working the voting booths "and" could plainly see my 1911. I was totally legal too.

I love Utah!

Alan

quote:

Originally posted by GSSP:
Robert,

You have your opinion, some of us have ours. Today, I dressed up in a pair of nice slacks, button down collar shirt and dress shoes. I wore my black Mitch Rosen dress belt, black Milt Sparks OW BN55 holster and a black Mernickle IW mag pouch. Dropped in my Ed Brown 5" Special Forces in blue and went to my son's elementary school about 1-1/2 blocks away and voted for our state primaries. I talked to neighbors, strangers and was "thanked" by a gentleman who was working the voting booths "and" could plainly see my 1911. I was totally legal too.

I love Utah!

Alan

What special exemption do you have from the amended Gun Free School Zone Act? From my copy of the Federal Firearms Regulations Reference Guide, 2005, it states in part:

quote:

(2) (A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone .

Texas is not an open carry state.

GSSP-You violated Federal Law and could have been arrested. It is a felony. If you want to retain your right to carry, I would obey the re-enacted School Zone Law. It is absurd and should be repealed again, but as of now, it is law again.

Bob

Absolutely. You are insane if you carry a gun to a school. I don't care how well dressed you are. It is FEDERAL Law. You can complain all you want, but it is THE LAW.
Peter.

Perhaps retired army with a barbecue gun gets special dispensation?

Here's mine, but I never tried to take it to school or a courthouse, both of which are the only two prohibited places in my state. Although you can check it into custody at the courthouse vestibule. Don't even think about getting close to a school with any form of gun, especially an easily concealable handgun.

Guys,

Utah is not Florida, Texas, or Penn. With a CCW we are allowed to carry open or CC in a school.

Alan

Alan,

I stand corrected. I was mis-informed. There is a exception for Concealed Carry Permit holders as long as you are in the state that issued the permit, i.e. not for out of state permits. Here is a letter from the ATF addressing the question when it came up in Virginia:

-----
DEPARTMENT OFTHE TREASURY
BUREAU OF ALCOHOL, TOBACCO AND FIREARMS
WASHINGTON, DC 20226
APR 17 2002
CC-57,493 FE:MCH
Mr.
Dear Mr. .
This is in responae to your letter regarding the Gun-Free
School Zones Act. You are a Virginia resident, and you
have a Virginia concealed weapons permit. You also have
nonresident concealed weapons permits issued by several
other States. Your letter asked about an exception to the
general ban on possession of firearms in school zones.
Specifically, you inquire, "if the State honors another
state permit by legal agreement, is that considered the
same as issuing it themselves for the purposes of the
GFSZA?"
'*
As you know, the Bureau of Alcohol, Tobacco and Firearms
enforces the provisions of the Gun Control Act of 1968,
including the Gun-Free School Zones Act, 18 V.S.C.
§ 922(q). The Gun-Free School Zones Act provides that it
is unlawful for any individual to knowingly possess or
discharge a firearm in a place that the individual knows or
has reasonable cause to believe is a school zone, if the
firearm has moved in or otherwise affects interstate or
foreign commerce. A school zone is defined to include any
place in, or on the grounds of, a public, parochial, or
private elementary or secondary school, or within 1,000
feet of the school grounds.
The law provides certain exceptions to the general ban on
possession of firearms in school zones. One exception is
where the individual possessing the firearm "is licensed
to do so by the State in which the school zone is located
or a political subdivision of the State. . ." See
18 D.S.C. § 922 (q) (2) (B) (ii). A license qualifies as an
WWW.ATF.TREAS.GOV
/
-2-
Mr.
exception only if the law of the State or political
subdivision requires law enforcement authorities to verify
that the individual is qualified under law to receive the
license.
The law clearly provides that in order to qualify as an
exception to the general prohibitions of the Gun-Free
School Zones Act, the license must be issued by the State
in which the school zone is located or a political
subdivision of that State. A concealed weapons license or
permit from any otper State would not satisfy the criteria
set forth in the law.
For purposes of the GFSZA, in order to fall within this
limited exception, the permit must be issued by the State
itself. Accordingly, your possession of a Virginia
concealed weapons permit would not exempt you from the
prohibitions of the Gun-Free School Zones Act in States
that honor other State permits by legal agreement.
please let me know if you have any.further questions.
Sincerely yours,
~~
Gary L. Thomas
Chief, Firearms Programs Division

My hope is that this version will eventually be declared unconstitutional as well. Here is a summary:

RELEVANT RESTRICTIONS OF 1996 LAW

It is unlawful to knowingly possess or discharge a firearm that has moved in or otherwise affected interstate or foreign commerce within 1,000 feet of a primary or secondary school.

The law does not apply only if the firearm is:

On private property not part of the school grounds; or
Unloaded and locked into a firearm rack or container; or
Used in a program approved by a school.

The law applies to all persons except if:

The individual is licensed by the state in which the school is located (e.g. a concealed handgun permit); or
The individual is a law enforcement officer acting in his or her official capacity; or
The individual is traversing the school premises with an unloaded firearm for the purpose of hunting and has permission from the school.

Alan, I stand corrected. My statement applies to Florida where the ban still holds:


The 2008 Florida Statutes


Title XLVI
CRIMES
Chapter 790
WEAPONS AND FIREARMS
View Entire Chapter
790.115 Possessing or discharging weapons or firearms at a school-sponsored event or on school property prohibited; penalties; exceptions.--

(1) A person who exhibits any sword, sword cane, firearm, electric weapon or device, destructive device, or other weapon as defined in s. 790.001(13), including a razor blade, box cutter, or common pocketknife, except as authorized in support of school-sanctioned activities, in the presence of one or more persons in a rude, careless, angry, or threatening manner and not in lawful self-defense, at a school-sponsored event or on the grounds or facilities of any school, school bus, or school bus stop, or within 1,000 feet of the real property that comprises a public or private elementary school, middle school, or secondary school, during school hours or during the time of a sanctioned school activity, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. This subsection does not apply to the exhibition of a firearm or weapon on private real property within 1,000 feet of a school by the owner of such property or by a person whose presence on such property has been authorized, licensed, or invited by the owner.

(2)(a) A person shall not possess any firearm, electric weapon or device, destructive device, or other weapon as defined in s. 790.001(13), including a razor blade or box cutter, except as authorized in support of school-sanctioned activities, at a school-sponsored event or on the property of any school, school bus, or school bus stop; however, a person may carry a firearm:

1. In a case to a firearms program, class or function which has been approved in advance by the principal or chief administrative officer of the school as a program or class to which firearms could be carried;

2. In a case to a career center having a firearms training range; or

3. In a vehicle pursuant to s. 790.25(5); except that school districts may adopt written and published policies that waive the exception in this subparagraph for purposes of student and campus parking privileges.

For the purposes of this section, "school" means any preschool, elementary school, middle school, junior high school, secondary school, career center, or postsecondary school, whether public or nonpublic.
I thought that federal law superceded state law, and it may do, however, in this case, it seems to be incorporated into state law. Am I reading this correctly?
Peter.

What's interesting about Utah is their "no" law that says you "can't" open carry. Our CCW permit "allows" us to carry concealed. Now, their are some laws/restrictions such as the GFSZA law. We have to have a CCW permit.

Also, an 18 yr old can OC w/out a permit as long as it's "Utah" unloaded, which means a minimum of two mechanical actions to make it ready; no chambered round and mag inserted for auto or two empty chambers in revolver with the first under the hammer.

Private property owners have the right to refuse you OC or CC which means if I carry then they ask me to leave and I don't, ie a large department store, the local LEO's can charge me with a trespassing but nothing to do with a firearm. We also have a few "state" colleges who are bucking the law by saying they will charge OC with Disorderly Conduct if given a lawful order by their campus LEO's to conceal the OC firearm and you don't. Someday, someone will stand up to them and get arrested and take it the Utah State Supreme Court to test the validity of their bogus charges to skirt around the law.

Alan

Didn't read all the above letters, but isn't it a violation of federal election law to be armed at a polling place?

Robert,

Good question.

Nope!

Alan

I think we're going to see challenges to open carry restrictions in light of McDonald v. Chicago. Only way to ban open carry RKBA is "strict scrutiny" for which there must be a compelling public interest. If a person is licensed to carry, and lawful to possess, there's no reason why the gun shouldn't be allowed in open carry. You'll find that open carry states function well through social constraints, propriety, and custom. There are places where open carry is not given a second glance (outdoor recreation), and places where it would never fly (at the opera or in church).

So tell me, is it unlawful in TX to openly carry a handgun while working on you property? That law is going away.