Penalty for carrying concealed without a permit
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Thread: Penalty for carrying concealed without a permit

  1. #1

    Penalty for carrying concealed without a permit

    Just curious what penalty you would receive if you were caught carrying concealed without a ccw permit.

    And can a police officer request to see your permit or ID without reasonable suspicion you are unlicensed.

  2. #2
    Well.. that really depends on your state. Here in Vermont, we don't need permits so I can carry however I want. Alaska, Arizona, and Wyoming are also like this. In New York, even owning a handgun without a permit is a felony. In South Dakota, it's a class 1 misdemeanor. In Colorado, it's a class 2 misdemeanor. So on, and so forth.

    Each state has their own laws; in most if not all it's illegal to carry without a permit. A lot of states have exceptions if you're in your house or place of business. Again it varies by state.

    Now, about ID laws, that again depends on the state. Some states have stop and ID laws (which means if a police officer asks you for your ID you are required by law to give it to them). We have some firearm related Supreme Court rulings which protect us from harassment, most notably:
    Terry V. Ohio - must be suspected of a crime before being detained\frisked.
    Delaware V. Prouse - requires you to have a suspicion of crime before police can detain an individual.
    Brown V. Texas does not allow police to stop an individual and demand their I.D unless you suspect them of committing a crime.
    Deberry V. US. - a firearm where legally carried cannot be the only cause for reasonable suspicion for a stop.

  3. depends on where you are and the laws for that jurisdiction. some places dont require a permit to carry, some places you have to get a permit to purchase. i recommend talking to an attorney knowledgeable in firearms laws for your jurisdiction.

  4. Why don't you ask your Local Police, or the person who certified you for a CCW. In America it is the CCW holders duty to immediately inform the Police if we are armed!!!!!

  5. He's in Australia!

  6. #6
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    In Missouri its a felony

  7. #7
    Quote Originally Posted by Trubiet View Post
    Why don't you ask your Local Police, or the person who certified you for a CCW. In America it is the CCW holders duty to immediately inform the Police if we are armed!!!!!
    Not true, not every state requires you to inform police you are armed. And secondly, asking the police about most laws is like asking a veterinarian about human neuroscience.

  8. @trubiet: actually that is not entirely true, in some states yes, but in some you are not required to disclose that you are armed nor show them your permit UNTIL they ask, [like my state], that said, if youre wallet is next to your gun, its best to be upfront instead of reaching toward a gun.

  9. #9

    Depends on the state...

    Quote Originally Posted by Guns in Australia View Post
    Just curious what penalty you would receive if you were caught carrying concealed without a ccw permit.

    And can a police officer request to see your permit or ID without reasonable suspicion you are unlicensed.
    The penalty depends on the state you are in when you are caught carrying concealed.

    I live in California, so I will reply based on CA state law. If you are carrying concealed without the intent to commit a crime, then it is a misdemeanor, which can be punished (if I am not mistaken) by a fine and up to 1 year in jail. There will be a 10 year loss of firearms rights I believe. If caught carrying concealed with intent to commit a crime, then it is a felony, with much greater penalties and permanent loss of firearms rights.

    I do not think that a police officer can request to see anything from you without RAS: reasonably articulated suspicion. While the 4th Amendment has been greatly weakened, it still has some force.

    I am not a lawyer. Any and all of the above may be incorrect, and the laws of other states may differ enormously.

  10. Quote Originally Posted by Trubiet View Post
    In America it is the CCW holders duty to immediately inform the Police if we are armed!!!!!
    Complete 100% bovine fecal matter. Very few states, 10 I believe, have a duty to inform law.

    Quote Originally Posted by Trubiet View Post
    Why don't you ask your Local Police, or the person who certified you for a CCW.
    Because I would likely receive an incorrect answer.
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

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