When someone is talking about “open carry,” they are referring to the practice of openly carrying a firearm in public as they go about their daily business. This is different than “brandishing,” (or, as it’s called in some states “menacing”) wherein one person is trying to threaten another with a weapon. Brandishing is illegal across the U.S. The laws regarding open carry are a bit of a checkerboard. The large majority of states permit open carry in some form. A few states prohibit it altogether. Others protect it in their state Constitution. Some permit it with restrictions. Pennsylvania has a law that specifically requires a “License To Carry Firearms” for the concealed carry of a firearm. It also places restrictions on the carry of firearms in vehicles. But, generally, open carry is legal in Pennsylvania. The exception is that a License to Carry Firearms is required for both open and concealed carry in the city of Philadelphia.
In recent years, a movement has developed advocating open carry. Anthropologist Charles Springwood described it succinctly when he said that people who engage in open carry are, trying to “naturalize the presence of guns, which means that guns become ordinary, omnipresent, and expected. Over time, the gun becomes a symbol of ordinary personhood.” The proponents advocate that, “It’s time for gun carry to come out of the closet,” and believe that a right unexercised is a right lost. Organized demonstrations in support of gun rights, including open carry, have become commonplace. Once such event was the January 2020 protests organized in Richmond, Virginia against Virginia’s new gun control measures. The gun control community was apoplectic about the planned demonstrations and tried to characterize the event as a racist gathering likely to fuel violence. Governor Northam declared a state of emergency ahead of the event and banned all weapons from the state Capitol grounds. Police reported that in excess of 22,000 people participated in the protest with approximately 6,000 unarmed protesters making their way to the Capitol grounds after waiting in line to go through metal detectors. Despite the Governor’s anxieties, it turned out to be a case of, “Where’s the beef.” The police reported no violence or major incidents at the demonstrations. The single arrest was of a woman accused of wearing a bandana to cover her face (Virginia prohibits wearing a mask in public to conceal one’s identity. Of course, this was before Covid-19.). Let’s look at the cases for and against open carry.
Some of the common reasons cited to support open carry include:
Having a gun visible naturally serves as a deterrence to crime. Common sense tells even a stupid criminal not to go after someone that’s armed. Conversely, as is well recognized, predators often target gun free zones knowing that people in such areas are deprived of the ability to defend themselves. Open carry reverses that vulnerability.
Open carry is more practical. It is easier to dress without the burden of having to conceal a firearm and much more comfortable too. The lack of concealment provides faster access to the firearm. Open carry also facilitates carrying larger, heavier firearms that are easier to shoot and hold more ammunition.
Exercising the rights set forth in the Bill of Rights strengthens the individual rights. The right to keep and bear arms is a right not a privilege. Open carry supporters point out that traditionally, criminals hid their guns and honest citizens carried them openly. When gun control started, other than in the south where it was primarily based on racism, the goal was to control criminal behavior. Open carry advocates are trying to roll back to what they see as the approach to bearing arms that was contemplated when the Bill of Rights was created. Given the current assault on gun ownership, I understand why so many people feel they must exercise their Second Amendment rights. If the past is any indication, people whose civil rights are violated won’t get them back until the issues are raised to the public eye.
As you can imagine, gun control groups are passionately opposed to open carry. Excluding the emotional arguments of anti-gun advocates who would like to have all firearms melted down, some of the common arguments against open carry include:
- Open carry makes it easier to have one’s firearm taken away, especially in a crowd. No one will go for your gun if they don’t know it’s there.
- Open carry surrenders the element of surprise and draws fire. It essentially gives a bad guy a reason to shoot you first.
- Open carry attracts a lot of attention that may result in unnecessary incidents. For many people, firearms are a very emotional, and often hysterical, topic. They may feel compelled to create an incident even if the person engaged in open carry is totally non-confrontational and minding their own business.
- Open carry intimidates people. Think of the customers in Starbucks and Outback that asked the management to throw uniformed law enforcement officers out of the establishment because they were frightened of the officers’ firearms. The management’s compliance with these requests are the reason that both organizations have lost my patronage. In fairness, I have seen some people engaged in open carry that did appear to me to have a chip on their shoulder any may have had some intent to intimidate others. I have also been surprised at the large number of people who have so little situational awareness that the seem totally oblivious and appear not to notice when someone near them is openly carrying a firearm.
As for me, I carry concealed primarily because of the tactical advantages it provides and am willing to accept a slight delay in engagement to maintain the benefit of surprise. I fully appreciate the attempts by some to normalize the presence of firearms in our society. I don’t disagree with that goal. I just don’t want to give up the element of surprise if I find myself in the unfortunate situation of having to protect myself, or my family, with a firearm.
Note that laws frequently change. It’s important to stay up to speed with firearms law in your locale and in any areas you visit. There are several websites that provide free summaries of the firearm laws of each state. I use both the National Rifle Association (NRA) and the U.S. Concealed Carry Association (USCCA) pages because they are frequently updated, and I find their formats to be concise and useful. But, there are plenty of other webpages and services that can be very helpful as well. Of course, such sites provide general information only and are not on par with the advice of an attorney practicing firearms law in that particular state.
Here’s a link to the NRA’s guide to state gun laws: https://www.nraila.org/gun-laws/state-gun-laws/
Here’s a link to the U. S. Concealed Carry Association’s (USCCA) free state gun law guide: https://www.usconcealedcarry.com/resources/ccw_reciprocity_map/?tID=5e28ba733f3ca&utm_source=&utm_medium=&utm_campaign=&utm_term=&utm_content=
Stay safe. Train well.
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