Open carry in the United States
This has been marked by a number of organized events intended to increase the visibility of open carry and public awareness about the practice.
"[55] Forty-five state constitutions recognize and secure the right to keep and bear arms in some form, and none of those prohibit the open carrying of firearms.
The North Carolina Supreme Court ruled in North Carolina v. Kerner (1921) that requiring any form of permit, fee, or license to openly carry a firearm off one's own premises is unconstitutional according to Article 1, Section 30 of the state constitution, which declares: "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 not infringed."
[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.
[citation needed] 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 they 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 an automobile for no reason other than to check the driver's license and registration violates the Fourth Amendment.
[84] The New Mexico Supreme Court issued its ruling in State v. Vandenberg and Swanson (2003) holding that frisking for weapons was reasonable.
[88] KCC10.12.080 Amendment: It is unlawful to shoot, fire or explode any firearm, firecracker, fireworks, torpedo or explosive of any kind or to carry any firearm or to shoot or fire any air gun, BB gun, bow and arrow or use any slingshot in any park, except the park director may authorize archery, slinging, fireworks and firing of small bore arms at designated times and places suitable for their use.As of 2018[update], 45 states allowed open carry,[121][122] but the details vary widely.
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.
[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.
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."
[125][126] In United States v. Lopez (1995) case, the act was declared unconstitutional (on federalism grounds, not due to any violation of the Second Amendment),[127] but it was reenacted in a slightly different form in 1996.
