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Question about the Open Carry Dot Org Maps

michigan0626

Regular Member
Joined
Feb 24, 2011
Messages
51
Location
Central Florida
If you click on the map labeled Constitutional Carry you will see only three states colored green. I love these states, and I hope someday in my lifetime that all 50 will be green. Look at the legend decribing what is green and what is red. For green states it reads:
"States allow both open and concealed carry of porperly holstered handguns without requiring any permits to do so."

My question is this, First, is it really Constitutional Carry if you require the handgun to be placed in a holster? Wouldn't be "infringing those that choose to slimply tuck it in their jeans, what about simply walking with a pistol in your hand?

Second, do these three states even have it in the language to use holsters, or am I simply nitpicking the webmaster. :D
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
That is one of the reasons that I think "constitutional carry" is a misnomer. As long as State laws do place restrictions on carry that add any significant impediment to carry, I see them as allowing the "bear[ing]" of arms as protected by the 2A. That, IMO, is "constitutional carry"

To me, that means that, if a State allows unlicensed OC, but requires a license to conceal, then they are allowing carry as protected by the 2A. I know of no State that requires a holster (likely there is at least one), however, IMO, that would not be an unreasonable restriction that created any significant impediment to carry.

That being said, as a matter of policy, not as a matter of rights, I think concealed carry should also be unlicensed.

If Alabama would allow unlicensed carry in a vehicle and would remove the ban on carry in or near a demonstration, then their laws would be fully in compliance with the 2A. I wouldn't worry that they still required a license to conceal a firearm. I would just never conceal.
 

Gunslinger

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Joined
Mar 6, 2008
Messages
3,853
Location
Free, Colorado, USA
That is one of the reasons that I think "constitutional carry" is a misnomer. As long as State laws do place restrictions on carry that add any significant impediment to carry, I see them as allowing the "bear[ing]" of arms as protected by the 2A. That, IMO, is "constitutional carry"

To me, that means that, if a State allows unlicensed OC, but requires a license to conceal, then they are allowing carry as protected by the 2A. I know of no State that requires a holster (likely there is at least one), however, IMO, that would not be an unreasonable restriction that created any significant impediment to carry.

That being said, as a matter of policy, not as a matter of rights, I think concealed carry should also be unlicensed.

If Alabama would allow unlicensed carry in a vehicle and would remove the ban on carry in or near a demonstration, then their laws would be fully in compliance with the 2A. I wouldn't worry that they still required a license to conceal a firearm. I would just never conceal.

I need a holster for my pistol while carrying my Mini-gun anyway...being serious, carry whatever you want, however you want, wherever you want, will satisfy me. Nothing short of it will. "To keep and bear arms" is pretty inclusive.
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
Requiring carry in a holster, as opposed to the hand, and requiring a license to conceal in no way stops (or even impedes) me from carrying.

While I would, as a matter of policy, prefer that a license is not required to conceal, since the requirement for a license does not impede my carry, I don't see it as a 2A violation. After all, it does not outlaw carry. It outlaws covering the weapon up.
 

Flyer22

Regular Member
Joined
Jun 26, 2008
Messages
374
Location
Colorado Springs, Colorado, USA
[snip]
My question is this, First, is it really Constitutional Carry if you require the handgun to be placed in a holster? Wouldn't be "infringing those that choose to slimply tuck it in their jeans, what about simply walking with a pistol in your hand?

Second, do these three states even have it in the language to use holsters, or am I simply nitpicking the webmaster. :D

Even a really good, high-quality holster seldom costs much more than $60, and you can get a cheap but serviceable one for much less. That price is a pretty minor consideration for comfort and safety when you're almost certainly spending at least $400 on the actual gun.

Furthermore, "simply walking with a pistol in your hand" is generally considered brandishing, and will earn you a quick trip to jail in many places.

So in other words--why wouldn't you use a holster?
 

michigan0626

Regular Member
Joined
Feb 24, 2011
Messages
51
Location
Central Florida
Even a really good, high-quality holster seldom costs much more than $60, and you can get a cheap but serviceable one for much less. That price is a pretty minor consideration for comfort and safety when you're almost certainly spending at least $400 on the actual gun.

Furthermore, "simply walking with a pistol in your hand" is generally considered brandishing, and will earn you a quick trip to jail in many places.

So in other words--why wouldn't you use a holster?

Dont get me wrong, I think you should have a holster. I was just getting in to the semantix of it. Constitution says shall not infringe, ah never mind. I was being light about it. Just joking and busting balls.
 

Pace

Regular Member
Joined
Jun 2, 2009
Messages
1,140
Location
Las Vegas, NV
Iwhat about simply walking with a pistol in your hand?

Eh, really? A gun in the hand is a "ready" position to shoot. If you were walking down the street holding a gun in my neighborhood, you'd get drawn on all us gun owners protecting our kids.

Obviously if you are repairing, loading, etc... i know.
 

Gunslinger

Regular Member
Joined
Mar 6, 2008
Messages
3,853
Location
Free, Colorado, USA
Eh, really? A gun in the hand is a "ready" position to shoot. If you were walking down the street holding a gun in my neighborhood, you'd get drawn on all us gun owners protecting our kids.

Obviously if you are repairing, loading, etc... i know.

If I saw a guy walking down my street with a pistol in his hand I'd have my M-4 in mine. Pistols should be out of holsters in public when you are prepared to shoot something or someone, only.
 

FTG-05

Regular Member
Joined
Feb 28, 2011
Messages
441
Location
TN
When will the CC map be updated to reflect the WY new CC law?
 

protect our rights

Regular Member
Joined
Feb 17, 2011
Messages
290
Location
Fort Wayne, Indiana
When will the CC map be updated to reflect the WY new CC law?


I think that the holster is more for the public's safety. I know it issomething I could live with if I were told we could carry in ALL 50 states OC/CC without need any permit. BUT, we have to keep them in holsters... It's like the FREEDOM of SPEECH. You can say what want when you want, as long as it does not endanger others.
 
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