Open carry in the United States

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Two persons openly carrying handguns in New Hampshire New Hampshire Open Carry 2009.jpg
Two persons openly carrying handguns in New Hampshire
Sign at a Walmart entrance asking patrons not to open carry Walmart open carry sign.jpg
Sign at a Walmart entrance asking patrons not to open carry

In the United States, open carry refers to the practice of visibly carrying a firearm in public places, as distinguished from concealed carry, where firearms cannot be seen by the casual observer. To "carry" in this context indicates that the firearm is kept readily accessible on the person, within a holster or attached to a sling. Carrying a firearm directly in the hands, particularly in a firing position or combat stance, is known as "brandishing" and may constitute a serious crime, but is not the mode of "carrying" discussed in this article.

Contents

The practice of open carry, where gun owners openly carry firearms while they go about their daily business, has seen an increase in the United States in recent years, [1] [2] and is a hotly debated topic in gun politics. This has been marked by a number of organized events intended to increase the visibility of open carry and public awareness about the practice. [3] Proponents of open carry point to history and statistics, noting that criminals usually conceal their weapons, in contrast to the law-abiding citizens who display their weapons. [4] As of 2022, almost all US states allow for open carry either without a permit or with a permit/license.

The gun rights community has become supportive of the practice, while gun control groups are generally opposed. [5] [6] [7]

Terminology

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 somewhat from state to state. Some states specify that open carry occurs when the weapon is "partially visible", while other jurisdictions require the weapon to be "fully visible" to be considered as carried openly.
Loaded weapon
Definition varies from state to state. Depending on state law, a weapon may be considered "loaded" under one of the following criteria:
  • Only when a live round of ammunition is in the firing chamber of the weapon
  • When a magazine with ammunition is inserted into the firearm, regardless of whether or not a round is in the chamber
  • When a person has both the firearm and its ammunition in their possession (or readily accessible, in some instances), without regard as to whether a round is in the chamber or a magazine with ammunition is inserted into the firearm (most common legal definition in "gun-control" states).
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
This refers to people who are prohibited by law from carrying a firearm. Typical examples are felons, those convicted of a misdemeanor of domestic violence, those found to be addicted to alcohol or drugs, those who have been involuntarily committed to a mental institution, and those who have been dishonorably discharged from the United States Armed Forces.

Categories of law

Today in the United States, the laws vary from state to state regarding open carry of firearms. The categories are defined as follows:

Permissive open carry states
A state has passed full preemption of all firearms laws, with few exceptions. They allow open carry for all nonprohibited citizens and do not require a permit or license to carry firearms openly. Open carry is fully lawful on foot. A permit may or may not be required to carry in a motor vehicle, depending on the state.
Permissive open carry with local restriction states
A state that generally allows open carry without a license, but additional restrictions may exist on non-license holders such as local restrictions or additional restricted locations or modes of carry. Some states exempt license holders from local restrictions while others don't.
Licensed open carry states
A state has passed full preemption of all firearms laws, with few exceptions. They allow open carry for all nonprohibited citizens who have been issued a permit or license. Open carry of a handgun is lawful on foot and in a motor vehicle. In practice, however, some of these states that have may-issue licensing laws can be regarded as non-permissive for open carry, as issuing authorities rarely or never grant licenses to ordinary citizens.
Anomalous open carry states
Open carry is generally prohibited except either under special circumstances or in unincorporated areas of counties in which population densities are below statutorily-defined thresholds, and local authorities have enacted legislation to allow open carry with a permit in such jurisdictions, as in California, for example. Thus, some local jurisdictions may permit open carry, and others may impose varying degrees of restrictions or prohibit open carry entirely.
Non-permissive open carry states
Open carry of a handgun is not lawful or is lawful only under such a limited set of circumstances that public carry is effectively prohibited. They may include when one is hunting or traveling to/from hunting locations, on property controlled by the person carrying, or for lawful self-defense. Additionally, some states with may-issue licensing laws are non-permissive when issuing authorities are highly restrictive in the issuance of licenses allowing open carry.

Jurisdictions in the United States

Open Carrying US states map.svg
Open carry of handguns in the United States
Open Carrying US long guns.svg
Open carry of long guns in the United States
  Legal with no permit/license required
  Legal with no permit/license required; possible local restrictions
  Legal with permit/license
  Anomalous
  Illegal

In the United States, the laws concerning open carry vary by state and sometimes by municipality. The following chart lists state policies for openly carrying a loaded handgun in public.

Status of open carry, by jurisdiction
Jurisdiction [8] HandgunsLong gunsNotes
Alabama Permitless [9] Open carry without permit allowed. Local restrictions preempted.
Alaska PermitlessOpen carry without permit allowed.
American Samoa Handguns illegalUnder licenseOpen carry legal for holders of a valid License to Possess which are required to purchase and possess firearms; [10] though Licenses to Possess have been restricted to only shotguns and rimfire rifles since 1991, effectively banning handguns. [11] Licenses issued for handguns and other firearms prior to 1991 are grandfathered as long as they remain valid. [12]
Arizona PermitlessOpen carry without permit allowed. State law does not preempt tribal laws on Native American reservations, except when traversing a reservation on a state-owned highway. Some tribes do not permit open carry, while some others may require a tribal permit for open carry.
Arkansas PermitlessThe legal status of open carry without a license has been considered a gray area since 2013 [13] until 2015, when an Attorney General opinion was issued stating open carry was indeed legal. [14] Despite this there were still questions over the law until 2017, when Governor Asa Hutchinson sent an order to the Arkansas State Police stating open carry was legal. [15] Before 2013, it was unlawful to open carry a handgun in Arkansas even with a concealed carry license. Open carry without a permit allowed, restrictions fully preempted. [16]
California Illegal (except some counties with permit)Open carry legal in rural counties with local ordinances allowing open carry. [17] Some of these counties issue a permit for open carry. Additionally, a person may also open carry if he or she "reasonably believes that any person or the property of any person is in immediate, grave danger and that the carrying of the weapon is necessary for the preservation of that person or property." [18] One can expect to be detained and questioned by law enforcement in most urban areas if using the latter rationale as the basis for openly carrying a firearm in public.
Colorado Permitless (with local restrictions)Open carry without a license permitted statewide, except in the City and County of Denver where open carry is completely prohibited.
Connecticut Illegal [19] Effective October 1, 2023, the open carry of handguns and long guns is generally prohibited in Connecticut, except on property owned or lawfully controlled by the person carrying openly, at a designated shooting range, or while hunting.
Delaware PermitlessOpen carry without permit allowed. Local restrictions preempted. In the city of Dover, the "grandfathered" city ordinance restricting open carry that predated state preemption was repealed in 2015.
District of Columbia IllegalOpen carry prohibited. Open carry was briefly legal from July 27, 2015 to July 29, 2015 due to a court ruling.
Florida Illegal [20] [21] Open carry is generally prohibited with certain exceptions, such as when one is at home, their place of work, hunting, fishing, camping, or while practice shooting and while traveling to and from those activities. The general ban on open carry was challenged in the court case of Norman v. Florida. [22] After the ban was upheld by the Florida Supreme Court, [23] the United States Supreme court declined further review. [24] [25] [26]
Georgia PermitlessOpen carry without permit allowed. Local restrictions preempted.
Guam Under licenseOpen Carry allowed with FOID. [27]
Hawaii With licenseIllegalOpen carry of handguns allowed with permit; permits issued on a may-issue basis but in practice are no-issue. Permits only valid in county of issuance. Local restrictions preempted. Open carry of long guns prohibited.
Idaho PermitlessOpen carry without permit allowed. Local restrictions preempted.
Illinois Illegal [28] [29] [30] Open carry theoretically legal in unincorporated rural areas, where permitted by local ordinance. However, per Attorney General opinion open carry is prohibited.[ citation needed ]
Indiana PermitlessOpen carry of handguns allowed without a permit; permits granted on a shall-issue basis. Local restrictions preempted. No permit required to carry long guns.
Iowa PermitlessOpen carry without permit allowed. Local restrictions preempted.
Kansas PermitlessOpen carry without permit allowed. Local restrictions preempted.
Kentucky PermitlessOpen carry without permit allowed. Local restrictions preempted.
Louisiana PermitlessOpen carry without permit allowed. Local restrictions preempted. [31]
Maine PermitlessOpen carry without permit allowed. Local restrictions preempted.
Maryland Under licensePermitlessOpen carry of handguns allowed with permit; permits were issued on a may-issue basis but in practice were No-Issue. Now carry permits are issued on a shall-issue basis. Open carry of long guns allowed without permit. Local restrictions preempted.
Massachusetts Under licenseOpen carry allowed with Massachusetts Unrestricted License to Carry; permits were issued by local authorities on a may-issue basis. Currently, carry permits are issued on a shall-issue basis. Local restrictions preempted. [32]
Michigan Permitless [33] Open carry allowed without permit. Permit required if carrying in vehicle; permits issued on a shall-issue basis. Local restrictions preempted.
More details
State law says: "A local unit of government shall not impose special taxation on, enact or enforce any ordinance or regulation pertaining to, or regulate in any other manner the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols or other firearms, ammunition for pistols or other firearms, or components of pistols or other firearms, except as otherwise provided by federal law or a law of this state."
Minnesota Under licenseOpen carry allowed with permit; permits issued on a shall-issue basis. Local restrictions preempted.
Mississippi PermitlessOpen carry of handguns allowed without permit; permits issued on a shall-issue basis. No permit required to carry a long gun. Local restrictions preempted.
Missouri Permitless (localities may require permit)Open carry without permit allowed. However, several cities and counties restrict open carry, in which case one must either:

1. have a carry permit, thus exempting them from local restrictions on open carry, or 2. carry concealed, which is allowed without a permit and localities are preempted.

Montana PermitlessOpen carry without permit allowed. Local restrictions preempted.
Nebraska PermitlessOpen carry allowed without permit. Local restrictions preempted.
Nevada PermitlessOpen carry without permit allowed. Local restrictions preempted. Carrying loaded long guns in a vehicle prohibited. [34]
New Hampshire PermitlessOpen carry without permit allowed. Local restrictions preempted.
New Jersey Under license

Open carry is allowed only with a Permit to Carry a Handgun. Authorities must issue a permit if the applicant meets the minimum requirements. [35] Open carry of unloaded long guns is legal with a Firearm Purchaser Identification Card.

New Mexico PermitlessOpen carry allowed without permit. State law does not preempt tribal laws on Native American reservations, except when traversing a reservation on a state-owned highway. Some tribes do not permit open carry, while some others may require a tribal permit for open carry.
New York IllegalPermitless (local bans)Open carry of pistols and loaded long guns prohibited. Open carry of unloaded long guns allowed without permit except in New York City.
North Carolina PermitlessOpen carry allowed without permit. Local restrictions preempted.
North Dakota PermitlessOpen carry without a permit is allowed while one is in possession of valid identification. [36] [37] Local restrictions preempted.
Northern Mariana Islands PermitlessIllegalOpen carry and ownership of handguns prohibited by law but the prohibition was declared unconstitutional and is not enforced so open carry of a loaded handgun is allowed without permit. [38]
Ohio PermitlessOpen carry without permit allowed. [39] Local restrictions preempted.
Oklahoma PermitlessOpen carry allowed without permit. Open carry of a handgun in a vehicle without permit allowed. Residents of states that do not require permits for concealed carry may openly carry with a valid ID proving residence. Local restrictions preempted.
Oregon Permitless (localities may require permit)Open carry without permit allowed. However, several cities and one county restrict open carry of loaded firearms. Restrictions on carrying unloaded firearms preempted. Persons with an Oregon Concealed Handgun License exempt from local restrictions.
Pennsylvania Permitless (localities may require permit)Open carry without permit allowed. Permit required if carrying a loaded firearm in a vehicle. [40] Permit required if carrying in Philadelphia. [41] All other local restrictions preempted.
More details
Though the statute prohibiting unlicensed open carry in Philadelphia is specifically titled "Carrying firearms on public streets or public property in Philadelphia.", the law itself states: "No person shall carry a firearm [...] in a city of the first class[...]". In Pennsylvania, a city of the first class is defined as having a population in excess of one million, which only Philadelphia does.
Puerto Rico Illegal
Rhode Island Under licensePermitlessOpen carry of handguns expressly allowed with a Rhode Island Attorney General's Office Pistol Permit; Issued on a may-issue basis. No permit required to carry long guns. Local restrictions preempted.
South Carolina PermitlessOpen carry allowed without permit. Local restrictions preempted.
South Dakota PermitlessOpen carry allowed without a permit. Local restrictions preempted.
Tennessee PermitlessIllegalOpen carry of handguns allowed without a permit. Open carry of long guns prohibited, except while hunting. Local restrictions preempted.
Texas PermitlessOpen carry of handguns allowed without a permit as long as it is in any kind of holster. Open carry of long guns allowed without a permit. Local restrictions preempted. [42]
U.S. Virgin Islands IllegalOpen carry is prohibited.
Utah PermitlessNo permit is required for anyone 21+ years old who may legally possess a firearm. [43] Prior, a permit was required to open carry a chambered firearm. Open carry of an unchambered handgun allowed without permit. No permit required in a vehicle for loaded handguns or unloaded long guns. Loaded long guns in vehicles are prohibited. No permit required to open carry unchambered long guns. [44]
Vermont PermitlessRequiring any type of gun permit to carry is prohibited by state constitution. [45]
Virginia PermitlessOpen carry allowed without a permit. Local restrictions on carrying assault weapons. Persons with a concealed carry permit are exempt from local restrictions.
More details
The definition of an Assault Weapon under Virginia law is a non-rimfire firearm equipped with one of the following: a threaded barrel; a folding stock; or a magazine with a capacity greater than 20 rounds; or a shotgun equipped with a magazine with a capacity greater than 7 shells.
Washington [46] PermitlessOpen carry without permit allowed. Local restrictions preempted. Permit required if carrying a loaded handgun in vehicle. [47] Carrying loaded long guns in a vehicle prohibited. [48] There are exceptions to the CPL for loaded in a vehicle requirement such as coming from or going to a lawful outdoor recreational activity. [49] Openly carried pistol may be fully loaded. Local restrictions preempted. [50]
West Virginia PermitlessOpen carry without permit allowed. Local restrictions preempted. [51] [52]
Wisconsin PermitlessOpen carry allowed without a permit. Permit required if carrying a loaded handgun in vehicle. Local restrictions preempted. Section 32 of 2011 Wisconsin Act 35 (codified as Wis. Stat. 167.31(2)(b)), purportedly removed the vehicle carry restriction for handguns. [53] However, the Wisconsin Supreme Court ruled that a license is required to have a loaded handgun within reach in a vehicle, because being "within reach" constitutes carrying as per the Concealed Carry Act, regardless of the Safe Transport Statute removing restrictions on transporting loaded handguns. [54]
Wyoming [8] PermitlessOpen carry without permit allowed. Local restrictions preempted.

Constitutional implications

Open carry has never been authoritatively addressed by the United States Supreme Court. The most obvious predicate for a federal right to do so would arise under the Second Amendment to the United States Constitution.

In the majority opinion in the case of District of Columbia v. Heller (2008), Justice Antonin Scalia wrote concerning the entirety of the elements of the Second Amendment; "We find that they guarantee the individual right to possess and carry weapons in case of confrontation." However, Scalia continued, "Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose." [55]

Forty five states' constitutions recognize and secure the right to keep and bear arms in some form, and none of those prohibit the open carrying of firearms. Five state constitutions provide that the state legislature may regulate the manner of keeping or bearing arms, and advocates argue that none rule out open carry specifically. Nine states' constitutions indicate that the concealed carrying of firearms may be regulated and/or prohibited by the state legislature. [56] Open carry advocates argue that, by exclusion, open carrying of arms may not be legislatively controlled in these states.

Section 1.7 [57] of Kentucky's state constitution only empowers the state to enact laws prohibiting "concealed carry", but open carry without a permit is a specifically protected right in the Kentucky State Constitution that may not be questioned. This was decided in Holland v. Kentucky (1956), the final decision stating, "We observe, via obiter dicta, that although a person is granted the right to carry a weapon openly, a severe penalty is imposed for carrying it concealed. If the gun is worn outside the jacket or shirt in full view, no one may question the wearer's right so to do."

The North Carolina Supreme Court ruled in North Carolina v. Kerner (1921) that requiring any form of permit, fee or license to open carry a firearm off one's own premises is unconstitutional according to article 1, Section 30 of the states constitution which says "A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed... " The court also held that concealed carry was not a right protected by the state's constitution and thus could be regulated by law. [58] [59]

In July 2018, a divided panel of the United States Court of Appeals for the Ninth Circuit found that Hawaii's licensing requirement for open carry violated the Second Amendment. [60] [61] That ruling was vacated on February 8, 2019 and the case is scheduled to be heard en banc.

Grounds for detention

Several courts have ruled that the mere carriage of a firearm, where it is allowable by law, is not reasonable suspicion to detain someone; however, some courts have ruled that simply being armed is grounds for seizure.

United States Supreme Court

In Terry v. Ohio (1968), the Supreme Court ruled that police may stop a person only if they have a reasonable suspicion that the person has committed or is about to commit a crime, and may frisk the suspect for weapons if they have reasonable suspicion that the suspect is armed and dangerous. In an analogous case, the Supreme Court ruled in Delaware v. Prouse (1979) that stopping automobiles for no reason other than to check the driver's license and registration violates the Fourth Amendment. In the case Florida v. J. L. (2000), the court ruled that a police officer may not legally stop and frisk anyone based solely on an anonymous tip that simply describes that person's location and appearance without information as to any illegal conduct that the person might be planning.

Other federal courts

Unless otherwise stated, the following courts ruled that carrying a firearm is not reasonable suspicion to detain someone or being armed is not a justifiable reason to frisk someone:

The Third Circuit issued its ruling in United States v. Ubiles (2000), [62] United States v. Navedo (2012), [63] and United States v. Lewis (2012). [64]

The Fourth Circuit issued its ruling in United States v. Black (2013), [65] however the decision United States v. Robinson (2017) found that a suspect stopped for a lawful reason can be frisked if the officer reasonably suspects them to be armed regardless of whether in legal possession or not. [66]

The Sixth Circuit issued its ruling in Northrup v. City of Toledo Police Department (2015). [67]

The Seventh Circuit issued its ruling in United States v. Leo (2015). [68]

The Ninth Circuit issued its ruling in United States v. Brown (2019), [69] however the decision United States v. Orman (2007) held that a police officer seizing a firearm for safety did not violate the Fourth Amendment. [70]

The Tenth Circuit issued its ruling in United States v. King (1993) [71] and United States v. Roch (1993), [72] however the decision United States v. Rodriguez (2013) found that the presence of a handgun in a waistband is grounds for reasonable suspicion of unlawfully carrying a deadly weapon thus justifying a stop and frisk. [73]

The District Court of New Mexico issued its ruling in St. John v. McColley (2009). [74] [75]

State courts

Unless otherwise stated, the following courts ruled that carrying a firearm is not reasonable suspicion to detain someone or being armed is not a justifiable reason to frisk someone:

The Arizona Supreme Court issued its ruling in State v. Serna (2014). [76]

The Florida Fourth District Court of Appeal issued its ruling in Regalado v. State (2009). [77]

The Idaho Supreme Court issued its ruling in State v. Bishop (2009). [78]

The Illinois Supreme Court issued its ruling in People v. Granados (2002) [79] however the decision People v. Colyar (2013) found that the presence of a bullet justified officers searching for weapons for officer safety. [80]

The Indiana Supreme Court issued its ruling in Pinner v. Indiana (2017). [81] [82]

The Kentucky Court of Appeals issued its ruling in Pulley v. Commonwealth (2016). [83]

The New Jersey Superior Court, Appellate Division issued its ruling in State v. Goree (2000). [84]

The New Mexico Supreme Court issued its ruling in State v. Vandenberg and Swanson (2003) holding that frisking for weapons was reasonable. [85]

The Pennsylvania Supreme Court issued its ruling in Commonwealth v. Hawkins (1997) [86] and Commonwealth v. Hicks (2019). [87]

The Tennessee Supreme Court issued its ruling in State v. Williamson (2012). [88]

Demonstrations and events

Black Panther Party members openly carrying firearms at the California State Capitol Black Panther demonstration.jpg
Black Panther Party members openly carrying firearms at the California State Capitol
Gun-related suicides and homicides in the United States 1999- Gun-related deaths USA.svg
Gun-related suicides and homicides in the United States
Demonstrators at the 2020 VCDL Lobby Day gun rights rally in Virginia on January 20, 2020 RVA Pro Gun Rally 2020-11 (49419554052).jpg
Demonstrators at the 2020 VCDL Lobby Day gun rights rally in Virginia on January 20, 2020

Diversity in state laws

U.S. gun sales have risen in the 21st century, peaking during the COVID-19 pandemic.
"NICS" is the FBI's National Instant Background Check System. 2000- Gun sales and NICS firearm background checks - U.S.svg
U.S. gun sales have risen in the 21st century, peaking during the COVID-19 pandemic. "NICS" is the FBI's National Instant Background Check System.

As of 2018, 45 states allowed open carry, [121] [122] but the details vary widely.

Four states, the U.S. Virgin Islands and the District of Columbia fully prohibit the open carry of handguns. Twenty-five states permit open carry of a handgun without requiring the citizen to apply for any permit or license. Fifteen states require some form of permit (often the same permit as allows a person to carry concealed), and the remaining five states, though not prohibiting the practice in general, do not preempt local laws or law enforcement policies, and/or have significant restrictions on the practice, such as prohibiting it within the boundaries of an incorporated urban area. Illinois allows open carry on private property only. [123]

On October 11, 2011, California Governor Jerry Brown signed a law decreeing that it would be a "misdemeanor to openly carry an exposed and unloaded handgun in public or in a vehicle." This does not apply to the open carrying of rifles or long guns or to persons in rural areas where permitted by local ordinance.

On November 1, 2011, Wisconsin explicitly acknowledged the legality of open carry by amending its disorderly conduct statute (Wis. Stat. 947.01). A new subsection 2 states, "Unless other facts and circumstances that indicate a criminal or malicious intent on the part of the person apply, a person is not in violation of, and may not be charged with a violation of, this section for loading, carrying, or going armed with a firearm, without regard to whether the firearm is loaded or is concealed or openly carried."

On May 15, 2012, Oklahoma Governor Mary Fallin signed Senate Bill 1733, an amendment to the Oklahoma Self Defense Act, which will allow people with Oklahoma concealed weapons permits to open carry if they so choose. The law took effect November 1, 2012. "Under the measure, businesses may continue to prohibit firearms to be carried on their premises. SB 1733 prohibits carrying firearms on properties owned or leased by the city, state or federal government, at corrections facilities, in schools or college campuses, liquor stores and at sports arenas during sporting events." [124]

Federal Gun Free School Zones Act

The Federal Gun-Free School Zones Act of 1990 limits where a person may legally carry a firearm by generally prohibiting carry within 1,000 ft of the property line of any K–12 school in the nation, with private property excluded. [125] [126]

In United States v. Lopez (1995) case, the act was declared unconstitutional (due to the issue of Federalism, not because of the Second Amendment), [127] but was reenacted in a slightly different form in 1996. [128]

See also

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References

  1. "Gun supporters cheer Starbucks policy". Associated Press. 28 February 2010. Archived from the original on 2 October 2017. Retrieved 5 March 2013. Even in some "open carry" states, businesses are allowed to ban guns in their stores. And some have, creating political confrontations with gun owners. But Starbucks, the largest chain targeted, has refused to take the bait, saying in a statement this month that it follows state and local laws and has its own safety measures in its stores.
  2. O'Connell, Vanessa; Jargon, Julie (4 March 2010). "Starbucks, Other Retailers Dragged Into Gun-Control Dispute". The Wall Street Journal. Retrieved 11 March 2010. The "open carry" movement, in which gun owners carry unconcealed handguns as they go about their everyday business, is loosely organized around the country but has been gaining traction in recent months. Gun-control advocates have been pushing to quash the movement, including by petitioning the Starbucks coffee chain to ban guns on its premises. Anti-gun activists gathered at the original Starbucks in Seattle to push retailers like the coffee chain to ban customers from openly carrying guns, WSJ's Nick Wingfield reports. Businesses have the final say on their property. But the ones that don't opt to ban guns – such as Starbucks – have become parade grounds of sorts for open-carry advocates.
  3. "Gun-rights activists to descend on downtown Palo Alto". San Jose Mercury News. 5 March 2010. Retrieved 11 March 2010. Today, a group of gun-rights advocates will exercise their Second Amendment rights by congregating in the plaza with unloaded firearms in plain view. Bay Area members of the national "open carry" movement said they chose the city in part because it is one of the few in the state that has a municipal ban on gun possession. Don't expect any '60s-style confrontations with authorities, however. Palo Alto officials said Friday they will not attempt to enforce the city's ordinance, since it is superseded by state law allowing people to carry guns openly as long as they're not loaded. "We're not going to try to fight state law on this," said Palo Alto police Lt. Sandra Brown. "We're just going to let it happen."
  4. Pierce, John (15 April 2010). "Why 'Open Carry' Gun Laws Work". U.S. News & World Report. Retrieved 26 October 2011.
  5. Urbina, Ian (7 March 2010). "Locked, Loaded, and Ready to Caffeinate". The New York Times.
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