FL - HI - NM – NC - OH – WV Updates

[Gary Slider]

West Virginia – The Governor has signed SB 10 Campus Carry Act. The law does not take effect until July 1, 2024. A Permit WV issues or honors will be required to carry on campus. Even though West Virginia is a Permitless Carry State they do not honor all other states permit/licenses. No Open Carry or Permitless Carry allowed. 21 for those with a permit West Virginia honors. 18 for WV Residents with a Permit.
https://www.wvlegislature.gov/Bill_...illdoc=sb10 sub1.htm&yr=2023&sesstype=RS&i=10

West Virginia –SB 128 which covers the Emergency Powers of the Governor/State Government became law without the Governors Signature. They can’t stop the carrying/transport of firearms/parts/reloading components etc doing a declared emergency. The law takes effect in about 90 days. http://www.wvlegislature.gov/Bill_S...lldoc=sb128 enr.htm&yr=2023&sesstype=RS&i=128

West Virginia – SB 608 updated the definitions of Deadly weapons by adding that Pepper Spray is not a dangerous weapon when used for defensive purposed for those 16 or older.
https://www.wvlegislature.gov/Bill_...lldoc=sb608 enr.htm&yr=2023&sesstype=RS&i=608

Ohio – Not Effective until about 4/4/2023, The Governor let SB 185 become law without his signature. This is their Declared Emergency Statute and no government authority in the state can interfere with the sale/carrying etc of firearms doing an emergency. The part covering this is at the bottom of the Bill.
https://handgunlaw.us/documents/sb185_04_PH.pdf

New Mexico - Effective June 16, 2023 HB 9 signed by the Governor will make it a crime if a minor gains access to a firearm that was not securely stored and brandishes the gun or uses the firearm to injure himself or another. You can read the bill at:
https://nmlegis.gov/Sessions/23 Regular/final/HB0009.pdf

North Carolina – The North Carolina Legislature has overridden a veto by the Governor of SB 41. This bill allows for the carrying of firearms on Church property that has a school. It becomes effective Dec. 1, 2023. There are stipulations that you should read concerning this bill. The Bill also repealed the law on Purchase Permits. They will no longer be required and that part is effective immediately.
https://www.ncleg.gov/Sessions/2023/Bills/Senate/PDF/S41v3.pdf

Hawaii – Things in Hawaii are different than all other states. Permits are issued by county and only valid in that county. That county can also make ordinances concerning issuing even making a list of what they call Sensitive Places as Off Limits. Well Honolulu which includes the Island of Oʻahu has passed Bill 57 (Effective May 1, 2023) which lists places that will be off limits to those with a Permit to Carry issued by Honolulu. The Mayor has stated he will sign it. The State is also working on a listing of places it wants off limits to those who carry. You can read Honolulu Bill 57 at:
https://handgunlaw.us/documents/Honolulu_BILL_57.pdf

You can read the State of Hawaii HB 984 that has not passed yet but this bill if passed would apply to all of Hawaii. It has numerous places listed as so called Sensitive Places!
https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=HB&billnumber=984&year=2023

Florida - It looks like Florida may have Permitless Concealed Carry but Not 100% sure yet. You can follow the bill at https://www.flsenate.gov/Session/Bill/2023/543

These changes will be added to their respective pages at Handgunlaw.us when they become effective.

 

[JohnKSa]

Wow, lots of changes! Thanks for the update.

 

[Aguila Blanca]

The West Virginia situation is a bit difficult to wrap my head around. WV has permitless carry, but they also don't recognize my home state permit. So can I carry in WV or not? Is this like one of the western states (Wyoming, maybe?) a few years ago, where they enacted permitless carry only for residents?

 

[Gary Slider]

West Virginia is a permitless Carry state and anyone 21 or older who can legally possess a firearm can carry concealed in WV. They have not changed their reciprocitiy law and they still don't honor all other states permit/licenses. NH and Maine have the same problem. They are permitless Carry but still don't honor all other states.

Now in WV there is one quirk. If you don't have a permit WV Issues or Honors you can't carry in your vehicle when dropping off or picking up kids at a K-12 school. You will not be able to carry on College campuses when the law goes into effect unless you have a permit WV issues or honors. Maine has the same problem. Maine does not honor all other states. You have to have a permit Maine issues or honors to carry in their state parks and Acadia Nat Park.

Handgunlaw.us reports the laws. I have to say that in Maine I have not read of anyone being charged with carrying in a State Park or Nat Park with no permit. Not saying it has not happened but in MY OPINION if you have any permit you would most likely not be charged. That is just my opinion in WV and Maine but handgunlaw.us reports the laws.

The laws on carry are getting so screwed up it is almost impossible for anyone to stay within the law. Like the Fed School Zone ban of 1000 foot if you don't have a permit issued by that state. I have never read about anyone being charged with just having a firearm within 1000 foot of a school. It is an add on charge. But it is mentioned all the time for those carrying under permitless carry. Hope this answers your question.

 

[JohnKSa]

I have never read about anyone being charged with just having a firearm within 1000 foot of a school.

I've seen it happen in TX. In fact, that's the way I found out that it was a good idea to have a permit even though TX no longer requires one.

I was looking at arrests in a local area and found one where the only charge was having a handgun in the car. That didn't make sense given the laws, so on a hunch I checked to see if there was a school nearby and there was. Then I researched the law and found out that without a state issued permit, the 1000 foot exclusion rule applies. That was a surprise...

 

[Aguila Blanca]

I've seen it happen in TX. In fact, that's the way I found out that it was a good idea to have a permit even though TX no longer requires one.

I was looking at arrests in a local area and found one where the only charge was having a handgun in the car. That didn't make sense given the laws, so on a hunch I checked to see if there was a school nearby and there was. Then I researched the law and found out that without a state issued permit, the 1000 foot exclusion rule applies. That was a surprise...

This is why I periodically remind people that permitless carry and reciprocity between states do not trump the Gun Free School Zones Act. This is why I continue to maintain non-resident permits for several states that are now permitless carry states.

https://handgunlaw.us/documents/BATFLetterONGFSZ2013.pdf

It's buried deep in 18 USC section 922. Scroll down to 922(q):

https://uscode.house.gov/view.xhtml?path=&req=18+U.S.+Code+?+922

 

[Gary Slider]

Could you send me a link about this arrest? Thank You.

 

[JohnKSa]

No luck. I found the site that I think published the report, but they've recently updated their site and the archive currently available for search is shallow.

As nearly as I recall, it was in Garland, TX on Hayman Dr., but it's been long enough that I couldn't swear to the accuracy of the details. I was discussing something with a guy who lives in Rowlett and either he or I found the arrest record during the discussion, so it might have been in Rowlett or one of cities in the surrounding area.

 

[stagpanther]

Maine does not honor all other states. You have to have a permit Maine issues or honors to carry in their state parks and Acadia Nat Park.

I live in Maine--in fact my land is next to Acadia. Maine is a declared permit-less constitutional carry state. I believe what that means is is that you need to be a Maine resident to enjoy that right. Reciprocity I think still means the visitor's state must issue a permit to the visitor and have reciprocity with Maine residents. If you go permit-less, then you must declare to LE if they pull you over in your vehicle. The carry in the park thing I believe holds true (must still have a permit, even for Maine residents)--but Acadia, being a national park and under federal control--I'm not sure that is still true that having a permit will allow carry in the park. They are a very pro-active head-banging federal agency and will default to the most onerous federal charges if they catch you even removing a stone or flower (literally, no exaggeration); so make absolutely SURE before you go there with a concealed weapon you are up to snuff on current regs.

 

[Aguila Blanca]

The carry in the park thing I believe holds true (must still have a permit, even for Maine residents)--but Acadia, being a national park and under federal control--I'm not sure that is still true that having a permit will allow carry in the park. They are a very pro-active head-banging federal agency and will default to the most onerous federal charges if they catch you even removing a stone or flower (literally, no exaggeration); so make absolutely SURE before you go there with a concealed weapon you are up to snuff on current regs.

Maine statute says that carry in Maine state parks is allowed only if you hold a Maine carry permit. (http://www.mainelegislature.org/legis/statutes/12/title12sec1803.html). Several years ago, the National Park Service changed from a No Firearms policy to a policy of following the law of the state in which a national park is located. (https://www.nps.gov/articles/firearms-in-national-parks.htm)

Therefore, Acadia National Park now requires a Maine carry permit. It's addressed in the statutes (http://www.mainelegislature.org/legis/statutes/12/title12sec756.html).

2. Possession of firearms. A person may not use or possess a firearm in Acadia National Park except:
A. ...
B. ...
C. ...
D. ...
E. ...
F. ...
G. When the firearm is a concealed firearm carried by a person to whom a valid permit to carry a concealed firearm has been issued as provided in Title 25, chapter 252. The person must have in that person's possession the permit as required in Title 25, section 2003.

I haven't been to Acadia (or Maine) for close to twenty years, but Acadia National Park is one of my favorite places on the planet and I still hope to get there again. For that simple reason, I obtained and I maintain a Maine non-resident carry permit.

Anyone considering visiting a national park and carrying, take note of the section of the NPS bulletin about possession of firearms in federal facilities. 18 U.S.C. section 930 prohibits firearms "in" federal facilities, and 18 U.S.C. defines a "federal facility" as a building where federal employees are regularly present for work. So, while you can carry (with an appropriate state permit) when out and about a national park, you canNOT carry into the ranger station or the park headquarters building. Concession stands are, IMHO, a question mark. At every national park I have visited, the concession buildings are owned by the National Park Service but the concessions are run by private companies. That means the employees are not federal employees, they are employees of con-governmental entities that have a contract to run the concession. Does 18 U.S.C. section 930 apply to those buildings? I would say probably not ... but I'm not a lawyer, and I don't feel like being the test case.