Fly Vs Drive Part II

As I mentioned earlier I'm considering going to the NRA's Annual Meeting in Pittsburg, PA. Of particular interest are the different laws governing carry of a firearm (specifically a handgun) along the way. According to Mapquest, the most direct route will take me through Arkansas, Tennessee, Kentucky, and Ohio before reaching Pennsylvania.

• Arkansas has reciprocity with Texas, which is good. But they have a couple of interesting restrictions:
  • A restaurant has to seat at least 50 people and derive 40% or less of its revenue from alcoholic beverage sales
  • You can't carry in "the passenger terminal of any airport", which might be interpreted to read you can't carry even in the unsecured area. Texas law is more clear on this point, banning carry in the secured area of the airport (although it's possible that Arkansas law addresses the definition of the "passenger terminal" in a section I haven't seen).
  • You can't carry at a demonstration or parade (if a permit is required for the parade/demonstration).
  • Any licensee entering a private home shall notify the occupants that he is carrying a concealed handgun.
• Tennessee recognizes Texas CHLs but bans carry "on the grounds of any public park, playground, civic center or other building facility, area or property owned, used or operated by any municipal, county or state government, or instrumentality thereof, for recreational purposes." Bummer. Texas has a preemption statute that bars cities from prohibiting carry on city property, including parks.
• Kentucky recognizes Texas CHLs and allows for carry without a permit in the glove compartment and even prohibits groups from denying the right to carry in the glove compartment. "No person or organization, public or private, shall prohibit a person from keeping a firearm or ammunition, or both, or other deadly weapon in a glove compartment of a vehicle in accordance with the provisions of this subsection. Any attempt by a person or organization, public or private, to violate the provisions of this subsection may be the subject of an action for appropriate relief or for damages in a Circuit Court or District Court of competent jurisdiction." That would come in handy around here, where some private entities (*cough* Grapevine Mills *cough*) want to ban guns even in the parking lot.
• Ohio is a mess. I'll deal with it below.
• Pennsylvania doesn't recognize Texas CHLs, but it has a fairly painless process to get a PA CCW license if you already have one from another state. You fill out a form and send a copy of your drivers license, current carry license, and a check (which varies based on which county you apply through; $20.00 in Centre County). PA is a shall-issue state so as long as your background is OK, they'll issue a license within 45 days. I particularly liked question 38 on the form: Are you an habitual drunkard? Definitely not PC.

The situation in Ohio is pretty much hopeless, though, given my research. While the law was just signed, it may take up to five months before the applications are even available. Further, the state's AG has to negotiate reciprocity with other states that have similar requirements. So while Texas may be eligible for reciprocity with Ohio, it'll probably be a long time before it's done. In the meantime, it appears that any firearms have to be unloaded and in a locked case or carried in the trunk (it appears it can also be carried in plain sight if unloaded, but that might invite too much attention).

But given what I've been reading of the law, the CCW law they just got has a huge stinking problem. Specifically, you can't carry on or about your person in a "motor vehicle", even if you have a permit, unless the handgun is "in plain sight on the person's person or it is securely encased by being stored in a closed, locked glove compartment or in a case that is in plain sight and that is locked." Why does this provision sound like it was added by some GFW police chief somewhere? What's the damn point of having a concealed handgun if you have to expose it everytime you get into a car (or worse, lock it up)?

Posted by Aubrey at January 16, 2004 04:03 PM | TrackBack