If a person's state of residence does not have Constitutional Carry and they do not possess a carry permit for their state of residence (and therefore, reciprocity is out of the question when they travel to other states), are they covered under a state's Constitutional Carry law when they are visiting a state that does have Constitutional Carry?
You're fine here in Florida as long as you're not a "prohibited person."
If I correctly understand the note in HandGunLaw.US, this is generally true in those states with Constitutional Carry:
quote:
Note: Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Maine, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Utah, Vermont, West Virginia and Wyoming have "Permitless Carry"
Anyone who can legally possess a firearm may carry in these states without a Permit. Check each states page for age or other restrictions that may apply.
הרחפת שלי מלאה בצלופחים
Posts: 31566 | Location: Central Florida, Orlando area | Registered: January 03, 2010
This should be very interesting. I hope it would be that simple, extending a bona fide 2A right to other state non-citizens, unless it was the result of a horse trade with another non 2A legislator.
Lover of the US Constitution Wile E. Coyote School of DIY Disaster
Posts: 8969 | Location: Nowhere the constitution is not honored | Registered: February 01, 2008
I’d say it boils down to how each state has the statute written. In Kentucky, Constitutional Carry applies by statute as anyone not prohibited under 18 USC 922. If the person has prohibitors, then they can be charged with carrying a concealed deadly weapon. This applies to guns, brass knuckles, knives other than regular pocket knives, etc. there is no verbiage listing state of residency.
There may also be the question does each state follow their own gun laws for this situation. There are some democratic states and jurisdictions where they don't follow federal gun laws or even their own.
Lover of the US Constitution Wile E. Coyote School of DIY Disaster
Posts: 8969 | Location: Nowhere the constitution is not honored | Registered: February 01, 2008
jhe, I never understood how state law can contradict federal law. Is that legal, so to speak, or do the Feds prefer to let that sort of stuff go, when federal law says xyz is legal, but state or local officials don't obey said federal law and prosecute xyz anyway ? Or is my question too naive for a simple explanation ?
Lover of the US Constitution Wile E. Coyote School of DIY Disaster
Posts: 8969 | Location: Nowhere the constitution is not honored | Registered: February 01, 2008
You are bound by the laws of the state you are standing in. So, if the state you are standing in is in fact a true Constitutional carry state, you are good. If they have language about residency or carry status, it’s not a Constitutional carry state.
Posts: 13 | Location: Tennessee | Registered: December 18, 2023