Just play it safe and use the laws to your advantage to wage lawsuits and demand legislative changes instead of getting hung up by them. Make it your business and do involve your ego and pride in making repeal of gun laws the litmus test for election.
Do not allow yourself, your family members, or those on your survival team to become the reason for more gun control laws, and the reason for anti-gun scammers making more money while they destroy our safety and society.
If you are going to keep guns in the pre-crisis period and want to ensure the having them during and after the crisis, keep these thought in mind and follow the laws of your locality, especially on carrying a concealed handgun.
In all states in the US, concealed carry handgun permits are usually issued by the circuit court of the county or city in which the applicant resides. In most states, to carry a concealed weapon you must have a concealed weapons permit.
An increasing number of states are allowing concealed carry without a permit, however you should still be aware of restrictions related to where you can and cannot carry.
How to Get a Concealed Handgun Permit
To get a concealed handgun permit, the person putting in the application:
- Must be at least 21 years of age or older,
- May apply in writing to the clerk of the circuit court of the county or city in which he or she resides,
- He or she must be a member of the United States armed forces of the county or city which he or she is stationed.
There usually is no requirement related to the length of time an applicant for conceal carry permit must have been a resident or living in the county or city where he or she currently resides.
In most states that offer the concealed carry permit, you must have documentation of proof of handgun competency. Most states have several ways of filling this requirement.
Completing a hunter education or hunter safety course as approved by your State Department of Game and Inland Fisheries.
- Completing any National Rifle Association firearms safety or training course.
- Completing firearms safety or training courses available to the general public by law enforcement agencies, junior colleges, or instructors certified by an NRA or Department of Justice Services
- Completing any law enforcement firearms safety or training courses offered for security guards, investigators, or special deputies.
- Presenting evidence equivalent experience with firearms through participation in organized shooting competitions or current military service from any branch of the armed forces.
- Updating or previously having held a concealed carry firearms permit license.
- Completing any firearms training and safety courses including those that are electronic, video, or online courses conducted by state certified or NRA certified instructors.
- Successfully completing any government police agencies firearms training courses and are qualified to carry a firearm in the course of their normal police duties.
- Completing any firearms training course that the court deems adequate.
To prove that you have met the requirements of knowing how to correctly use a firearm, you must submit a copy of your certificate of completion of the course or evidence of participation in firearms competition.
Fees for Concealed Handgun Permits
Most states have state regulated fees that the applicant must pay in order to get his or her concealed handgun permit. Usually the court also has a small fee for handling the application. This is known as the application fee.
Your local police or sheriff department usually charges an investigation fee which covers your background check and your fingerprint check fee. Usually your state police also have a small fee to cover their end of processing the application. Each state has a maximum charge that any city or county can charge for processing your concealed handgun permit application.
Most states also have time limits that the courts must have the application completed by. They are usually between 30 to 45 days to complete all the necessary investigations and for the judge to make his decision on whether to issue or not to issue the concealed handgun carry permit.
When you are carrying a concealed weapon most states require that you have a picture ID issued by the state that issued you the concealed carry permit. This permit and your photo ID must be on your person at all times. If you are US military and you are carrying concealed, you must have your government ID card on your person along with the concealed weapons permit.
How to Renew Your Permit
You must reapply to the court using the same procedures that your state decreed to get your first concealed carry permit. If the investigation reveals that you are no longer eligible to have this permit, then you must surrender the permit back to the court that issued it.
If your permit was revoked, you have the right to your day in court. You have a right to be represented by counsel and the Rules of Evidence shall apply. The final order of the court will include the court’s findings of fact and the conclusions of the law.
If you disagree with the lower courts findings and conclusions, most states allow your case to be heard and reviewed by the Court of Appeals of that state. Usually the decision of a court of appeals is final.
When Aren’t You Allowed to Get the Permit?
Here are a few reasons why an individual would not be qualified to obtain a concealed carry permit:
- The applicant is a subject of a restraining order and is prohibited from purchasing or transporting a firearm.
- The applicant has been convicted of two or more misdemeanors within a five year period immediately preceding the application.
- If the applicant is addicted to or an unlawful use of marijuana or any controlled substance.
- If the applicant was discharged from the US military under dishonorable conditions.
- If the applicant is a fugitive from justice.
- If an individual have been convicted of assault, assault and battery, sexual battery, discharging a firearm, or banishing a firearm in most states they are ineligible for a concealed carry permit.
- If the applicant has been convicted of stalking.
- If the person has been charged with a felony.
Most states have laws in their concealed carry statutes that define prohibited conduct and where unlawful to carry:
- Any individual with a concealed carry permit who is under the influence of alcohol or illegal drugs while carrying their handgun in a public place is usually guilty of a misdemeanor.
- If you are charged with driving while under the influence or public intoxication you can also lose your concealed carry permit and you must face the charges in court.
- In some states it is against the law if an individual with a concealed carry permit drinks any kind of alcoholic beverage. This too is also grounds to lose your concealed weapons permit.
- In some states, if the owner of private property has posted a no firearms sign on the outer doors of his business. You may not carry a concealed weapon on this private property. If you must go to these places, make it a point to sue them if you wind up becoming a victim of a crime that would have been stopped if you were carrying a gun and have a concealed weapons permit.
- Most states it is illegal for concealed weapon permit holders to enter court buildings or churches.
- In some states it is illegal for concealed weapons holder to enter school buildings while carrying a concealed weapon. Most states have exceptions to this if you are a concealed carry permit holder, some states have exception and their statues states a person who has a valid concealed handgun permit and possesses a concealed handgun while in a motor vehicle in a parking lot, traffic circle, or other roadways they may carry their concealed weapon.
- It is illegal to carry a concealed weapon at any airport in this country. Doing this will get you charged with a federal felony and the loss of your right to keep and bear arms. If you are a victim of a crime while in the airport parking lot or other location, be sure to sue the airport and the government because you were not allowed to properly defend yourself. Remind the court and politicians that 9/11 was carried out by men carrying box cutters, not guns, and if concealed weapons permit holders had been on the plane, they would have stopped these events from happening, thus avoiding the loss of over 3,000 US citizen lives and two wars that have cost us our freedoms, billions of dollars in taxes, and cost the lives of hundreds of thousands of people, including our own soldiers who were killed or suffer permanent injury.
Reciprocity and Recognition Between States
Many jurisdictions honor a permit or license issued by another jurisdiction. Recognition may be granted to all jurisdictions or some subset which meet a set of permit issue and criteria, such as similar training comparable to honoring jurisdictions or certain background checks.
Several states have entered into formal agreements to mutually recognize permits. This arrangement is commonly called reciprocity or mutual recognition of each other’s permits.
While 37 states have this agreement with at least one other state and several states honor all out of state concealed carry permits, some states have special requirements like training courses or safety exams, and therefore do not honor permits from states that do not have such requirements for issue.
Some states make exceptions for persons under the minimum age (usually 21) if they are active or honorably discharged members of the military or a police force. States that do not have this exception generally do not recognize any license from states that do.
Where Are You and Are You Not Allowed to Carry
Although carry may be legal under state law in accordance with reciprocity agreements, the Federal Gun Free School Zones Act subjects an out of state permit holder to federal felony prosecution if they carry a firearm within 1000 feet of any kindergarten through 12th grade school property line.
However the enforcement of this statute is rare given several states have nullification statutes prohibiting state law enforcement officers from enforcing federal firearms laws.
Restricted areas where concealed weapons may not be carried:
- Federal government facilities. All federal buildings, military posts and bases, and federal parks (only includes restrooms or any other buildings or structures located within federal parks is illegal).
- State government facilities. It is illegal for a person to carry a concealed weapon in state government buildings, which include courthouses, DMV Offices, police stations, correctional facilities and city or county government meeting places.
- In political party events.
- Educational institutions – some states have drop off exceptions which only prohibit carry inside school buildings or permit carry while inside a personal vehicle on school property.
- Some states will not permit concealed carry in amusement parks, fairs, parades, or carnivals.
- Hospitals – Some hospitals do not permit concealed carry weapons on any of their property or some state that they cannot be carried in the physical hospital itself or outbuildings that belong to the hospital.
- Church, mosques, and other houses of worship is usually at the discretion of the church clergy in most states.
- Municipal mass transit vehicles and facilities.
- In controlled access areas of airports.
- Aboard aircraft or ships unless specifically authorized by the pilot in command or the ship captain.
- Any public place while under the influence of alcohol or drugs.
There are many states that have Legal Gun Free Zones, and you should learn where these zones are in your state of residency and in those states that you are visiting.
In these states, any private business can post a sign prohibiting concealed carry on their business property. Violating these posted signs in some states are grounds for revocation of the offenders concealed carry permit and criminal prosecution.
In other states, they only enforce trespassing laws when a person violates a gun free zone sign. By posting these signs, business create areas where it is illegal to carry a concealed handgun similar to regulations concerning schools,hospitals and public gatherings.
In addition to placing a sign on the property, all jurisdictions allow some form of oral communication by the lawful owner or controller of the property that the person is not welcome and should leave.
Are this limitation viable? There is considerable dispute over the effectiveness of such gun free zones. Here only law abiding citizens are being punished. Those individuals cannot carry firearms legally just ignore these signs.
I have personally seen over the years when restaurants put up the no concealed carry weapons allowed signs on their doors and they were robbed.
All this did was wave a flag in front of the criminal individuals of these areas to go ahead and rob the place blind. They didn’t worry about it because no one was armed and could shoot back at them. So they took what they wanted and when satisfied left the area before police response could intervene.
I guess these restaurants learned a very expensive lesson. It is better to have a few concealed carry individuals on the premises than to be completely defenseless.
Furthermore those wishing to commit mass murder might intentionally choose gun-free areas like shopping malls, schools, and churches, where general carry is prohibited by statute or signs. Here the population inside these areas is disarmed and could do nothing to stop them. Actually, statistics show that all but 2 mass shootings were carried out in gun free zones.
Brandishing and Printing
Printing refers to the circumstances were the shape or outline of a firearm is visible through a garment while the gun is still fully covered and holstered.
Printing generally is not desired when carrying a concealed weapon. An individual can see the printing of the firearm on your person and they know you are armed. Doing this could warn the criminal that you are armed and you could be the first one shot.
Brandishing can refer to different actions depending on the state. These actions can include printing through a garment, pulling back clothing to expose the gun, unholstering a gun, and exhibiting it in the hand.
The intent to intimidate or threaten someone may or may not be required legally or to be considered brandishing. In most states brandishing is a crime, but the definition of brandishing varies widely in US.
Legal Liability
A majority of states who allow concealed carry forbid suits being brought in such cases either by barring lawsuits for damages resulting from criminal act on the part of the plaintiff or by granting the gun owner immunity from such civil suit if it is found that he or she was justified in shooting.
The Castle Doctrine allows persons who own firearms and carry them conceal to use them without first attempting to retreat. The Castle Doctrine is usually applied to situations within the confines of one’s own home.
Many states have adopted escalation of force laws along with provisions for concealed carry. They include the necessity to first verbally warn a trespasser or lay hands on a trespasser before a shooting is justified, unless the trespasser is armed or assumed to be so. The escalation of force does not apply if the shooter really believes a violent felony has been, or is about to be committed on his property by the trespasser.
In the 1895 Supreme Court ruled in Beard vs US, if an individual does not provoke an assault, and is residing in place that they have the right to be, then they may use considerable force against someone they really believe may do them serious harm without being charged with murder or manslaughter should that person be killed.
In most states lethal force is only authorized when serious harm is presumed to be imminent.
Did you get your concealed carry permit? Share your experience in the comment section below!
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This article has been written by Fred Tyrell for Survivopedia.
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