Monday, November 06, 2017

The State of Concealed and Open Carry in Churches



According to concealedcarry.com, there are two states that ban concealed carry in churches, Nebraska and Louisiana. Nebraska allows a church to authorize an armed security team if the team members have carry permits and if written notice is given to church members.  Louisiana law is similar, but requires an extra eight hours of training every year. Seven states and D.C. that require the permission of a church leader to conceal carry firearms in church, and 41 states where carry in churches is treated the same as any other private property.

Of the 41 states that treat churches the same as other private property, eight are "may issue" states, where the permit issuing authority can deny the exercise of the Second Amendment for almost any reason. Those states are California, Delaware, Hawaii, Massachusetts, Maryland, New Jersey, New York, and Rhode Island. Within these states, the issuance of permits ranges from almost none in Hawaii and New Jersey, to fairly large numbers, as in upstate New York and Massachusetts.

There are 13 states that do not require a permit to carry concealed. They are Alaska, Arizona, Arkansas, Idaho, Kansas, Maine, Mississippi, Missouri, New Hampshire, North Dakota, Vermont, Wyoming, and West Virginia.

Open carry is legal in most states. Only five states prohibit the open carry of holstered handguns in most public places. Those states are California, Florida, Illinois, New York and South Carolina. 26 States do not infringe on the right to openly carry firearms.  Six states infringe on open carry in a few specific areas. Pennsylvania requires a permit for Philadelphia, Colorado requires a permit for Denver,  and Iowa  requires a permit inside city limits. The other three states allow localities to pass restrictions on open carry without a permit. 13 states require a permit for open carry.

In my experience, most people who carry in church carry concealed. There are churches where open carry is common and acceptable. In my church, The Vertical Church, in Yuma, Arizona, open carry is common and seen every Sunday. Many of the open carriers are on the church security detail. There are concealed carriers as well, but they are harder to count. People switch between open and concealed carry as is convenient.

In the early colonies, people were sometimes required to be armed at church. In "Origins and Development of the Second Amendment", I found a reference to colonial requirements to carry guns in church from the Virginia laws of arms bearing.

All men that are fitting to bear arms, shall bring their pieces to the church...
The law dated to 1631.  David Hardy found it in the 1823 work by William Henning, "The Statutes at large, being a collection of all the laws of Virginia, Vol. 1 at 127, 173-174."

Those were perilous time in Virginia.

Church attendees are not attacked with the frequency that they were in the 1630's in Virginia. The United States today has a population tens of thousands of times greater than all the colonies in 1631.  It seems like we are being attacked at a greater frequency because each attack is trumpeted over the entire nation, and our communication system is so good that everyone hears of every attack almost immediately.

Church attendees tend to be responsible people. It makes sense for those with knowledge of firearms to carry at church.

With the recent attacks on church attendees, the legal carry of firearms to church is bound to rise.

©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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2 comments:

Jewel Anderson said...

Dean, I do not believe that it is not the State of Colorado that prohibits open carry in Denver, it is rather the City and County of Denver that, in its arrogance, attempts to override state law (which bans exemption of state gun laws) and prohibit open carry - and very seldom issues concealed carry permits.
However, many members of the Denver Police have a strange eye problem, and unless you are being stupid or waving it in their face, they don't have a problem with accepting CCP from elsewhere.

LarryArnold said...

The law in this case, on church carry in Texas, is somewhat confusing. It is, in fact, the most confusing part of Texas license to carry law, based on questions I receive.

Penal Code section 46.035(b)(6) says it's an offense to carry "on the premises of a church, synagogue, or other established place of religious worship."
Penal Code 46.035(i) says "Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06 or 30.07."

So in Texas you can't carry in church unless the church doesn't post large, obvious signs.

We've been trying to untangle that since 1997.