northstar65
Regular Member
imported post
Are there any states that allow OC but limit it to only the actual residents of that state ?
Are there any states that allow OC but limit it to only the actual residents of that state ?
How would they do that? Geben Sie mir Ihre Papiere!Are there any states that allow OC but limit it to only the actual residents of that state ?
it depends on a few factors.
Lets use Michigan for example, (a weird one at that) Michigan residents can O-C with or without a concealed permit. Non-residents can also O-C in Michigan as long as they have some sort of a 'Carry-Permit" or approval from the government from their home state. But there is no specific law in their books that states a non-resident without a carry license or permission slip of some sort from their own state cannot carry.
So with Doug and I being WI residents that can O-C in our own state, we cannot O-C in MI, But an Illinois resident can, becuase they are required to have a FOID-Card (Firearm Owners Identification Card) from their home state.
I have spoke with the MI state Police, I have spoke with members of Michigan Open-Carry and several others on this too.
if I had free legal representation, I would be willing to be a test case due to my close proximity to MI. The federal, and WI state constitution is my carry permit!
it is screwed up to say the least.
"Oh No!! He Wiped his @$$ with my paper!"Mein Gott! Der Hund aß meine Papiere.
Yes, Nutz, to do that, the cops would have to accost open carriers and demand their residency papers to prove that a crime was not being committed. OCing would become reasonable articulable suspicion of the crime of non-residential carrying.How would they do that? Geben Sie mir Ihre Papiere!
Oh Nr.!! Er wischte seinen Esel mit meinen Papieren ab.Master Doug Huffman wrote:"Oh No!! He Wiped his @$$ with my paper!"Mein Gott! Der Hund aß meine Papiere.
There is zero legal basis for any claim that WV law distinguishes between residents & nonresidents regarding OC.There has been some discussion on this topic on the WV section, regarding the WV State Police's "interpretation" of OC, vs the WV Attorney General's reading of the law.
Apparently, the WV-AG published a brochure that says it's OK for WV residents to OC, and the WV SP has taken to interpreting that to mean that if you're a non-resident they can harass you for OC.
However, there is no statute on the books in WV prohibiting non-residents from OC.
Technically, it is legal for ANYONE to OC in WV (as long as you are legal to purchase and possess a firearm). But the WV SP have been butting heads with the WV-AG on this "interpretation" for a few years. Now that the OC movement is gaining support, and more people are OCing in WV, including travelers from other nearby OC-friendly states like VA, NC, and PA, this item has come to the attention of the WV AG, an they are trying to clear it up. Reactions have been varied. Some folks on this forum (me included) have OC'd in WV as non-residents with no hassle at all. Others have not been as lucky...
As always, if you have a CC permit in your home state, that usually mkes things a lot easier. But as far as I can tell, the WV SP are still "interpreting" this as a resident-only privilege. But the statutry law is on our side, and the AG seems to be as well...
W.Va. Code § 20-2-6a, which was enacted in 2002,exempted concealed carry by CHL holders from the plethora of Chapter 20 firearm rules, so CC in a vehicle is fine. However, OC remains a legal minefield.hopefully it will be fixed this year. WV is my home state and the wife is from there as well. We travel back to visit the folk at least half a dozen times a year. I'd like to not have to worry about open carry in general and open or concealed carry in a motor vehicle.
Maybe not. See the discussion on Michigan open carry in Recent.