What states allow OC? - Page 3
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Thread: What states allow OC?

  1. #21
    Quote Originally Posted by NavyLCDR:241569
    Quote Originally Posted by Unfettered Might View Post
    Technically accurate, haven't ever heard of anyone actually being charged though.
    Gun Free School Zones

    Gun Free School Zones
    We have taught over 400 people in CC. Kristen and her significant other took the class about 6 months ago. Last week her sig other was driving and stopped for speeding in a school zone on a public street. He told the officer he was carrying and had a permit. He was arrested for carrying a weapon in a school zone and had his gun taken. There is a statute in the US code, 18USC 921-924 that does prohibit carrying a loaded firearm within 1,000' of school grounds.
    So according to this statement since my private property sits next to a school zone and is within 1000 feet, I can not have a loaded firearm? Also it was my impression that if you are just driving through the school zone with a ccw with no intention of stopping that's legal. At least in Ohio. Back to the original question, in Ohio it is legal to open carry no permit required.

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  3. #22
    Open carry is legal in Alabama to anyone over 18 who is sane, not a habitual drunkard, and can legally possess a firearm. Being in a vehicle is not considered OCing.

  4. #23
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    Quote Originally Posted by NavyLCDR View Post
    I never said you would not get arrested. I said it was not illegal to open carry there. You need to understand what state preemption means. State preemption means that the municipal government of N. Las Vegas has an illegal ordinance on their books. I will be happy to come down there and open carry in front of the police station. All I require is paid airfare, hotel and per diem for meals. It certainly would not be the first time I have open carried in violation of an illegal ordinance.

    Then, when someone gets arrested you file a lawsuit such as this:
    Seattle gun ban is illegal, Appeals Court rules - seattlepi.com

    and force the municipal government to comply with state law.
    I underestand what reemption means, guess you dont understand the loop hole they have found and making stick in N. Las Vegas courts, SO AGAIN, IN ORDER TO CARRY IN N.LAS VEGAS, YOU MUST HAVE A CCW AND KEEP IT CONCEALED, that is Seattle,WA not here, try it and find out!, they have and still are making these charges stick

  5. Quote Originally Posted by Shawn Jarman View Post
    I underestand what reemption means, guess you dont understand the loop hole they have found and making stick in N. Las Vegas courts, SO AGAIN, IN ORDER TO CARRY IN N.LAS VEGAS, YOU MUST HAVE A CCW AND KEEP IT CONCEALED, that is Seattle,WA not here, try it and find out!, they have and still are making these charges stick
    So, you will be happy to oblige us by posting a citation to this "loophole"?

    In fact, I'll even help you:

    http://www.stillwaterfirearms.org/ph...428_154432.pdf

    Notice the ruling starting at line 19 on page 9. The Court ruled in favor of N. Las Vegas for one reason, and one reason only: the fact the Mr. Hanes had never been threatened with arrest or prosecution for violating the N. Las Vegas ordinance. The court never ruled on the legality of the oridinance itself. The Court simply said that until the city actually attempted to enforce the ordinance, there was nothing they could do about it.

    Quote from the ruling, "Here, in this Court's view, MR. HANES intent to violate the law is not enough. Although the Court does not require MR. HANES to await arrest or prosecution, before entertaining a challenge to the codes or ordinances, the threat of enforcement must at least be credible and not simply imaginery or speculative."
    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.

  6. #25
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    Quote Originally Posted by NavyLCDR View Post
    So, you will be happy to oblige us by posting a citation to this "loophole"?

    In fact, I'll even help you:

    http://www.stillwaterfirearms.org/ph...428_154432.pdf

    Notice the ruling starting at line 19 on page 9. The Court ruled in favor of N. Las Vegas for one reason, and one reason only: the fact the Mr. Hanes had never been threatened with arrest or prosecution for violating the N. Las Vegas ordinance. The court never ruled on the legality of the oridinance itself. The Court simply said that until the city actually attempted to enforce the ordinance, there was nothing they could do about it.

    Quote from the ruling, "Here, in this Court's view, MR. HANES intent to violate the law is not enough. Although the Court does not require MR. HANES to await arrest or prosecution, before entertaining a challenge to the codes or ordinances, the threat of enforcement must at least be credible and not simply imaginery or speculative."
    herre are your NLV city ordinance codes,
    ord. 596 $ 1 1978: prior code $7.22.070 also check prior code $7.22.040, this one where it says in order to legally carry in NLV, you must have a permit

  7. #26
    Michigan is an OC state as well as "shall issue" CC.

  8. Quote Originally Posted by Shawn Jarman View Post
    herre are your NLV city ordinance codes,
    ord. 596 $ 1 1978: prior code $7.22.070 also check prior code $7.22.040, this one where it says in order to legally carry in NLV, you must have a permit
    Just because the ordinances are on the books does not mean they are legal or enforceable. The criminals aren't the guys carrying the guns against the ordinance....the criminals are those that refuse to obey state law and repeal the ordinance, those that attempt to enforce the ordinances knowing they violate state law, and those that attempt to prosecute law abiding citizens know the ordinances violate state law.

    In my town of Oak Harbor, WA there is a city park regulation prohibiting firearms possession in city parks. The last time I open carried in Wind Jammer park was during an event called National Night Out. It's an event where all of the local LEO agencies set up booths and demonstrations in the park as a public affairs booster. Guess how many LEOs hassled me for open carrying knowing that the city park ordinance violated state law..... zero. Because we typically don't have criminals wearing badges and uniforms here, we just have criminals sitting on the county council who refuse to repeal the illegal regulation.

    If you want to bow down to the criminals and submit, go right ahead. As for me....

    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.

  9. #28
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    Quote Originally Posted by NavyLCDR View Post
    Just because the ordinances are on the books does not mean they are legal or enforceable. The criminals aren't the guys carrying the guns against the ordinance....the criminals are those that refuse to obey state law and repeal the ordinance, those that attempt to enforce the ordinances knowing they violate state law, and those that attempt to prosecute law abiding citizens know the ordinances violate state law.

    In my town of Oak Harbor, WA there is a city park regulation prohibiting firearms possession in city parks. The last time I open carried in Wind Jammer park was during an event called National Night Out. It's an event where all of the local LEO agencies set up booths and demonstrations in the park as a public affairs booster. Guess how many LEOs hassled me for open carrying knowing that the city park ordinance violated state law..... zero. Because we typically don't have criminals wearing badges and uniforms here, we just have criminals sitting on the county council who refuse to repeal the illegal regulation.

    If you want to bow down to the criminals and submit, go right ahead. As for me....

    one thing you dont understand, In NV, there is no law that allows open carry, there is also no law against it, this is the reason we can, the law in N.las vegas, is inforcable and will stick, ether you can admit your WRONG or just SHUT UP, GOD YOUR IRRITATING

  10. Quote Originally Posted by Shawn Jarman View Post
    one thing you dont understand, In NV, there is no law that allows open carry, there is also no law against it, this is the reason we can, the law in N.las vegas, is inforcable and will stick, ether you can admit your WRONG or just SHUT UP, GOD YOUR IRRITATING
    You obviously have a limited understanding of how the United States legal system works. For an action to be illegal, there must be a specific statute which prohibits that action and possibly even attaches a criminal penalty to that action.

    You state in NV there is no law against open carry. Even though there is no statute which specifically states that open carry is legal, open carry IS legal in Nevada because there is no statute against it. Maybe you can understand this concept in more simple terms. Is it illegal for you to wear a blue shirt of Fridays? No, of course not. Why? There is no Federal or state law that declares wearing a blue shirt on a Friday to be legal, is there? No. But, there is no law against wearing a blue shirt on a Friday. That is why it is legal to wear a blue shirt on a Friday - because there is no law against it.

    Now, in Nevada, as in other states, there is a statute, a written and specific law, which PROHIBITS cities, counties and municipalities from regulating the possession and carrying of firearms. The City of N Las Vegas is IN VIOLATION of this state law because they are attempting to perform an action is PROHIBITED specifically in a written statute that they are subject to.

    In the United States we have what is commonly known as the "clean hands" rule of law. That is, in order to prevail in a legal action, the prevailing party must also have "clean hands" in regards to the case. For example, I sell you a gun, and you fail to pay the agreed upon price for the gun. I take you to court. IF I had stolen the gun, and it was not mine to legally sell to you, I would not have "clean hands" in the eyes of the court, and the court would not make you pay to me the purchase price of the gun, because, I violated a statute myself when I sold you a stolen gun.

    The same is true of the City of N Las Vegas ordinance in question. Sure, you can be arrested for violating the city ordinance. Sure, a Municipal level court may even convict you of violating the municipal level ordinance. However, when the case goes to a state level court, the court will have no LEGAL choice but to vacate your conviction. Why? Because the City of N Las Vegas violated a SPECIFIC PROHIBITION in state law by enacting and enforcing the ordinance. The City of N Las Vegas does not have "clean hands." They are in violation of state law. And being in violation of state law, they cannot prevail in convicting you for violation of an ordinance, the ordinance itself being in violation of state law.

    But, like I said....you submit to whatever you want to submit to. You can submit to those who are in violation of state law, it's no matter to me. But I won't allow you to attempt to convince others that their actions are illegal (open carrying in N Las Vegas) because the ordinance that makes it illegal is in violation of state law.
    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.

  11. #30
    Has anyone mentioned the state of paranoia?

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