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Thread: What states allow OC?

  1. #31
    Join Date
    Apr 2011
    Location
    Pasco, Washington, United States
    Posts
    6,271
    Quote Originally Posted by Warbirds:242243
    Has anyone mentioned the state of paranoia?
    Ya don't forget about the state of confusion either!

    To whom this may concern:

    If you don't stand for something, you will fall for anything.

    Keep up the good work Navy.

    OC + WA = OK - loaded in a vehicle. OC + CPL + WA = OK. More math for all you math lovers!

  2.   
  3. +1 Navy!

    In regards to Alabama, while OC is legal, there are a number of LEO's, sheriffs, counties and cities that either don't know or don't want to know that OC is legal. If you OC in AL, be aware of this and act accordingly.

    Good luck.

  4. #33
    Join Date
    Nov 2010
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    SE FL and SE OH
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    Quote Originally Posted by NavyLCDR View Post
    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.
    Florida had the same situation where cities and counties were violating the state's preemption on gun ordinances. Till last legislative session. Now there is a fine for the officer and everyone higher up the chain of command and the government bodies that wrote the laws. The cities/counties scrambled to get the local laws off the books by Oct 1.

  5. #34
    Ohio is a OC state, as well as "shall issue" state !

  6. I understand the law has changed in Flroida. Where does one go to get what the new laws are pertaining to Concealed carry?

  7. #36
    Join Date
    Oct 2011
    Location
    Las Vegas,NV
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    89
    Quote Originally Posted by NavyLCDR View Post
    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.
    Ok, I'll say it again, come on down here, stand in front of the N.Las Vegas PD, name time and date? get arrested and fight it and beat it, and prove your point!!, put your money where your mouth is!!

  8. Quote Originally Posted by Shawn Jarman View Post
    Ok, I'll say it again, come on down here, stand in front of the N.Las Vegas PD, name time and date? get arrested and fight it and beat it, and prove your point!!, put your money where your mouth is!!
    In other words, and as usual, you have nothing intelligent to present to defend your position. I thought you were ignoring me?

    I told you my requirements, and you have not made any offer... roundtrip airfare, hotel and meal expenses...
    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. #38
    Join Date
    Oct 2011
    Location
    Las Vegas,NV
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    Quote Originally Posted by NavyLCDR View Post
    In other words, and as usual, you have nothing intelligent to present to defend your position. I thought you were ignoring me?

    I told you my requirements, and you have not made any offer... roundtrip airfare, hotel and meal expenses...
    Sounds like a copout!, I'm stating what will happen in the state i live, your say differently, Im trying to keep other out of trouble here, while your statements will get them in trouble, you spend the money to prove me wrong, And Yes I have you on ignore, just reading these post to see if your coming, if other that are reading this wish to follow navyLCDR, Good luck, just dont say I didnt try and warn you

  10. #39
    Quote Originally Posted by Shawn Jarman View Post
    Sounds like a copout!
    No actually in your case it's just more CCW Badge polishing. And BTW, how did you see NavyLCDR's post if you had him on ignore?

  11. #40
    Vermont is OC/CC Constitutional carry. No permits needed.....by anyone, as long as you are not a felon, and a citizen of the USA......

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