With the recent Sidearm Open Carry bills proposed in the Texas Legislature (HB 700 and HB 1194), I wanted to take some time and dig into this subject from the point of view of the CO.
First, let’s talk about the legal side, I know this can be about as interesting as watching flies fornicate, but as I have always said, the CO needs to be aware and up to date on all laws regarding the carrying and/or use of weapons in self-defense, especially in regards to Open/Concealed Carry, since it is a red flag for Police Harassment. The Alternative, Sheeple Ignorance, is a gloomy prospect, I assure you..READ THIS.
There are a few definitions the CO needs to be clear on to fully understand the in’s and out’s of open (and concealed) carry of a firearm:
- Open Carry: The Act of Publicly carrying a firearm on one’s person in PLAIN SIGHT.
- Plain Sight: Broadly defined as not being hidden from COMMON OBSERVATION; varies in definition from state to state.
- Preemption: In the context of open carry, the act of a State Legislature passing laws which limit or eliminate the ability of local governments to regulate the possession or carrying of firearms.
- Prohibited Persons: People prohibited by Law from carrying a firearm. Felons, Anyone found guilty of Domestic Violence Charges & the Mentally Unstable fit this bill.
Currently in the United States, there are several designations of how the States breakdown as far as Open Carry (Taken from Open Carry.Org & Wiki-Pedia):
- Permissive Open Carry States: A state has passed full preemption of all firearms laws. They permit open carry to all non-prohibited citizens without permit or license. Open carry is lawful on foot and in a motor vehicle. It must be noted that while open carry may be legal in such jurisdictions per se, persons openly carrying firearms may be detained and cited by law enforcement officials for disorderly conduct or disturbing the peace in certain locations and circumstances where openly carrying could cause public alarm. These states are: Alaska, Arizona, Montana, Idaho, Vermont, Wyoming, Nevada, South Dakota, Kentucky and Virginia.
- Licensed open Carry States: A state has passed full preemption of all firearms laws. They permit open carry of a handgun to all non-prohibited citizens once they have been issued a permit or license. Open carry of a handgun is lawful on foot and in a motor vehicle. These States are: Oklahoma, Utah, North Dakota, Minnesota, Iowa, Indiana, Tennessee, Mississippi, Georgia, Massachusetts, Connecticut, Rhode Island, New Jersey and Maryland.
- Anomalous Open Carry States: In these states, open carry of a handgun is generally lawful, but the state may lack preemption or there may be other significant restrictions. The limitations and/or lack of pre-emption may mean that certain areas of these states are, in their judicial system and law enforcement societies, not very friendly towards the practice, although this is not true in all of these states. These States Include: Colorado, Nebraska, Kansas, Missouri, Louisiana, Alabama, Wisconsin, Michigan, Ohio, Pennsylvania, West Virginia, Maine and New Hampshire.
- Non-permissive Open Carry States: In these states, open carry of a handgun is not lawful, or is only lawful under such a limited set of circumstances that public carry is prohibited. Such limited circumstances may include when hunting, or while traveling to/from hunting locations, while on property controlled by the person carrying, or for lawful self-defense. These States Include: Texas, Arkansas, Florida, South Carolina, Illinois, New York and Washington D.C.
OK, so now you know some of the legal stuff, what does the CO gain (or lose) by carrying openly?
There is a line of thinking in the RKBA and Training community concerning the degree of Deterrence that OPEN carry can TRULY exhibit on crime. First to clarify this, we need to separate the ideal of deterrence into two parts: Social and Personal. As far as Social Deterrence, I have always found this type of thinking to border on role confusion, ie “wanna-be-cop”. Since I, as a civilian, unless the crime directly effects me or my property, have no business or authority in regards to Stopping and Investigating crime; that is Law Enforcement’s job. If we go any further on this ideal then we risk sounding like some kind of half-ass vigilante and as the Zimmerman case has shown, the legal system will steamroll you.
As far as Personal Deterrence, does Open Carry improve the odds I WILL NOT have to use my weapon? Listen, one can only go so far to avoid and deter bad situations. If we are following Safety 101 and:
- Avoiding places we do not need to be in
- Refraining from verbally assaulting people (road rage for example)
- Being aware of our surroundings as much as possible
Then banking on the ideal that by carrying a gun for everyone to see that I am somehow intimidating or influencing a bad guy’s behavior qualifies as “Armchair Warrior Fantasy Training 101”. To me it ranks right up there with training to shoot people in the leg or “carriage” to take away their mobility: STUPID!!
Listen guys, the entire reason a CO carries a gun, either open or concealed, is to protect THEMSELVES AND THEIR FAMILY/LOVED ONES..PERIOD! Yes, you hope you NEVER have to use your weapon, and you go to great lengths ensuring that you do not have too, but let’s get real and FLUSH this Open Carry Deterrence garbage right now!
Secondly, an often overlooked downside to open carry is the INCREASED necessity of RETENTION TRAINING. I am in no way implying that retention training should be a secondary subject in regards to the CCL’s repertoire, but carrying concealed means the weapon is not visible until it is presented. With open carry, the weapon is visible 24/7, meaning everywhere the person goes and every situation they inject themselves into, they bring with them a visible, loaded firearm. At a minimum, I would suggest some type of solid retention holster and some solid combative retention training. Krav-Maga offers some excellent material in this vein:
[youtube=http://youtu.be/xPT-uK4Kgo4]
So where does that leave the CO? Is he truly better off showing the world his gun or keeping it hid? Since the OODA Loop is the true currency of a violent encounter, and time is often measured in precious seconds, (not the national 911 Police response time of 11 minutes) having the edge to ACT versus REACT is key to survival. Let’s be real, having a gun out in the open attracts attention. Plus, according to the laws surrounding Open Carry as listed above, where a LEO can detain and arrest you for carrying in the open and “Causing public alarm”, the con’s of open carry tip the scales.
Understand that the CO must adapt with the times, and with the nation wide fear induced, anti-gun delirium currently out there, the CO would be wise to STAY OFF THE RADAR!!
But as always, in the Process, Stay Dangerous!