• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Reconsider gold star status

44Brent

Regular Member
Joined
May 21, 2006
Messages
772
Location
Olympia, WA
imported post

I'm carrying this over from a thread reading Ohio, in which Mike stated that

under our current evaluation scheme to be a Gold Star Open Carry State, state preemption must be very strong, and no p[ermit can be required to carry opernly in public, including vehicles; you remain orange (anomolous open carry state) statuslike PA.

Mike, in that case you might want to consider revoking the gold star for Montana. Here's your own description on Montana:

Montana is a traditional open carry state. Localities are substantially preempted, but have limited power to prevent and suppress the carrying of concealed or unconcealed weapons to a public assembly, publicly owned building, park under its jurisdiction, or school, and the possession of firearms by convicted felons, adjudicated mental incompetents, illegal aliens, and minors.

Your own description you have shown that Montana has weak pre-emption.
 

mattjohnston87

Regular Member
Joined
Sep 25, 2006
Messages
155
Location
Billings, Montana, USA
imported post

Ohio has complete preemption for permit holders only.To open carry in a car, you have to have a permit. You need no permit to do these things in Montana.

Matt
 

Mike

Site Co-Founder
Joined
May 13, 2006
Messages
8,706
Location
Fairfax County, Virginia, USA
imported post

44Brent wrote:
I'm carrying this over from a thread reading Ohio, in which Mike stated that

under our current evaluation scheme to be a Gold Star Open Carry State, state preemption must be very strong, and no p[ermit can be required to carry opernly in public, including vehicles; you remain orange (anomolous open carry state) statuslike PA.

Mike, in that case you might want to consider revoking the gold star for Montana. Here's your own description on Montana:

Montana is a traditional open carry state. Localities are substantially preempted, but have limited power to prevent and suppress the carrying of concealed or unconcealed weapons to a public assembly, publicly owned building, park under its jurisdiction, or school, and the possession of firearms by convicted felons, adjudicated mental incompetents, illegal aliens, and minors.

Your own description you have shown that Montana has weak pre-emption.
Well, it may be a close call then in MT. But we have other close calls - WV for example appears to allow for grandfathered local bans on open carry - but we cna;t find any localities having such bans, so we leave them Gold Star.
 

badmonkey

Regular Member
Joined
Sep 14, 2006
Messages
152
Location
Princeton, West Virginia, USA
imported post

Mike wrote:
WV for example appears to allow for grandfathered local bans on open carry - but we cna;t find any localities having such bans, so we leave them Gold Star.
Mike, don't take this as me doubting you in any way but could you please post a link to the WV preemption, I've never actually seen it and can't seem to find it. I'm just curious and would like to actually see it. It's probably right in front of me and I just cant find it. Thanks.
 

44Brent

Regular Member
Joined
May 21, 2006
Messages
772
Location
Olympia, WA
imported post

Mike, will you consider updating the language on the Montana page to incorporate your comments that you are unaware of any municipalities that have availed themselves of the "right" to pass restrictive ordinances? More information is probably better than less information.
 

Mike

Site Co-Founder
Joined
May 13, 2006
Messages
8,706
Location
Fairfax County, Virginia, USA
imported post

44Brent wrote:
Mike, will you consider updating the language on the Montana page to incorporate your comments that you are unaware of any municipalities that have availed themselves of the "right" to pass restrictive ordinances? More information is probably better than less information.
I was talking about WV.
 

Mike

Site Co-Founder
Joined
May 13, 2006
Messages
8,706
Location
Fairfax County, Virginia, USA
imported post

badmonkey wrote:
Mike wrote:
WV for example appears to allow for grandfathered local bans on open carry - but we cna;t find any localities having such bans, so we leave them Gold Star.
Mike, don't take this as me doubting you in any way but could you please post a link to the WV preemption, I've never actually seen it and can't seem to find it. I'm just curious and would like to actually see it. It's probably right in front of me and I just cant find it. Thanks.
OCDO links generally to Packing.org for state specific summaries and authorities on carry generally (i.e., possession bans, preemption, etc.). PDO is down right now, so I can't tell if PDO answers your questionj.
 

badmonkey

Regular Member
Joined
Sep 14, 2006
Messages
152
Location
Princeton, West Virginia, USA
imported post

Mike wrote:
badmonkey wrote:
Mike wrote:
WV for example appears to allow for grandfathered local bans on open carry - but we cna;t find any localities having such bans, so we leave them Gold Star.
Mike, don't take this as me doubting you in any way but could you please post a link to the WV preemption, I've never actually seen it and can't seem to find it. I'm just curious and would like to actually see it. It's probably right in front of me and I just cant find it. Thanks.
OCDO links generally to Packing.org for state specific summaries and authorities on carry generally (i.e., possession bans, preemption, etc.). PDO is down right now, so I can't tell if PDO answers your questionj.
I found it, :lol: thanks!
 

JSK333

Regular Member
Joined
May 20, 2006
Messages
190
Location
Cincinnati, Ohio, USA
imported post

Mike wrote:
What is the relevant statute for OH preemption, as amended by HB 347 - I thought that bill establioshed 100% carry preemption.
Don't know the statute but I can tell you it doesn't affect loaded carry in a vehicle w/o a license. That has always been illegal. Before our CHL law there was an affirmative defense for it, but not any more.

I also heard from Buckeye Firearms Association's legal director, Ken Hanson, that our CHL bill also futzed up unloaded carry to the point that it is now illegal to transport an unloaded firearm in a vehicle (it would be considered concealing it, etc.).

All this to say that our new statewide preemption does not affect licenseless car carry. That is still illegal, so unfortunately we will stay "orange" according to your standards.
 
Top