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From page 44... ... 44 enacted statutes requiring an individual to have a license to carry a firearm openly.459 When an individual applies for a license, there is usually a long list of statutory conditions that the carried, brandished, or displayed under circumstances that create a reasonable apprehension on the part of members of the public or a law enforcement official that a crime is being committed or is about to be committed.457 To summarize this section, the mere possession of a firearm may not necessarily constitute a violation of a statute that prohibits disorderly conduct; however, depending on the circumstances and a person's other conduct, the possession of a firearm could result in a violation of one of the statutes described in this section. Read the entire page →
From page 45... ... 45 In most states, when a person no longer qualifies, there is a prescribed procedure for the revocation of the license.461 For example, in Idaho, the sheriff is empowered to revoke a license "subsequent to a hearing" for three reasons, including the licensee's "doing of an act or [the] existence of a condition that would have been grounds for the denial of the license by the sheriff…."462 The commissioner of the Kentucky State Police is directed to "revoke the license of any person who becomes permanently ineligible to be issued a license or have a license renewed under the criteria set forth in this section."463 In some states, however, an individual's later ineligibility serves automatically to invalidate or revoke the person's license or permit. Read the entire page →
From page 46... ... 46 been either a patient in a rehabilitation program pursuant to a court order or otherwise hospitalized for the abuse of or an addiction to alcohol or a controlled substance in the previous 10 years; and must not have been a voluntary patient in a rehabilitation program or voluntarily hospitalized for the abuse of or addiction to alcohol or a controlled substance in the previous 3 years; ∙ Must not have been convicted of the offense of driving under the influence of an intoxicant in Tennessee or any other state two or more times in the previous 10 years with no conviction having occurred in the previous 5 years; ∙ Must not have been adjudicated as mentally defective, judicially committed to or hospitalized in a mental institution, had a court appointed conservator by reason of a mental defect, judicially determined to be disabled by reason of a mental illness, developmental disability or other mental incapacity, and in the previous 7 years not found by a court to pose an immediate substantial likelihood of serious harm because of mental illness; ∙ Must not be an alien or be illegally in the United States; ∙ Must not have been discharged from the armed forces under dishonorable conditions; ∙ Must not have renounced his or her United States citizenship; ∙ Must not have been convicted of a misdemeanor crime of domestic violence; ∙ Must not be receiving Social Security disability benefits because of alcohol dependence, drug dependence, or mental disability; and ∙ Must not have been convicted of stalking.471 In Kentucky, an applicant cannot "owe a child support arrearage," as further elaborated in the statute, and must have "complied with any subpoena or warrant relating to child support or paternity proceedings."472 One of the conditions in Oregon for the issuance of a license to carry a concealed handgun is that the applicant cannot be someone who is required to register as a sex offender in any state.473 As discussed in Section XIII, a law enforcement official has the authority when a licensee is carrying a firearm to verify the validity of the person's required license and quite possibly to determine preliminarily whether the licensee still meets the requirements for a license; for example, by a permittee fails to meet one or more of the requirements, the permit holder must return his or her permit to the Nebraska State Patrol for revocation.466 In New York, if a licensee is convicted of a felony or other serious offense or for any other reason is no longer eligible for a license, the person's ineligibility "operate[s] as a revocation of the license."467 In South Carolina, a person's concealed weapons permit "must be surrendered…if the permit holder becomes a person prohibited under state law from possessing a weapon."468 In West Virginia, a sheriff is authorized to revoke an existing license for a concealed weapons permit if the holder has violated any of the requirements for the issuance of his or her permit.469 In summary, in some states whenever a licensee no longer meets the qualifications for his or her license, the licensee no longer has a legal right to carry a firearm, except possibly in those situations when the person may carry a firearm without a license. Read the entire page →
From page 47... ... 47 person is merely transporting the firearm through the state."479 In some states, the appropriate state official, often the state attorney general, is authorized to enter into reciprocity agreements with other states.480 Thus, in Idaho the attorney general contacts the "appropriate officials in other states for the purpose of establishing, to the extent possible, recognition and reciprocity of the enhanced license to carry a concealed weapon by other states, whether by formal agreement or otherwise."481 In Ohio, [a] person who holds a valid concealed handgun license issued by another state that is recognized by the attorney general pursuant to a reciprocity agreement…has the same right to carry a concealed handgun in this state as a person who was issued a concealed handgun license…and is subject to the same restrictions that apply to a person who carries a license issued under that section.482 The attorney general in Pennsylvania is authorized "to enter into reciprocity agreements with other states providing for the mutual recognition of a license to carry a firearm issued by the Commonwealth and a license or permit to carry a firearm issued by the other state."483 As of January 1, 2016, the governor of Texas is directed to negotiate agreements with other states that issue a license to carry a handgun so that a license issued by one state is recognized by the other state, as further provided in the statute.484 In brief, as discussed in this section, under state laws authorizing the issuance of a license to carry a firearm or a concealed firearm, licensees have a continuing obligation to comply with the conditions under which their license was issued. Read the entire page →

From page 44...

... 44 enacted statutes requiring an individual to have a license to carry a firearm openly.459 When an individual applies for a license, there is usually a long list of statutory conditions that the carried, brandished, or displayed under circumstances that create a reasonable apprehension on the part of members of the public or a law enforcement official that a crime is being committed or is about to be committed.457 To summarize this section, the mere possession of a firearm may not necessarily constitute a violation of a statute that prohibits disorderly conduct; however, depending on the circumstances and a person's other conduct, the possession of a firearm could result in a violation of one of the statutes described in this section.

Read the entire page →

From page 45...

... 45 In most states, when a person no longer qualifies, there is a prescribed procedure for the revocation of the license.461 For example, in Idaho, the sheriff is empowered to revoke a license "subsequent to a hearing" for three reasons, including the licensee's "doing of an act or [the] existence of a condition that would have been grounds for the denial of the license by the sheriff…."462 The commissioner of the Kentucky State Police is directed to "revoke the license of any person who becomes permanently ineligible to be issued a license or have a license renewed under the criteria set forth in this section."463 In some states, however, an individual's later ineligibility serves automatically to invalidate or revoke the person's license or permit.

Read the entire page →

From page 46...

... 46 been either a patient in a rehabilitation program pursuant to a court order or otherwise hospitalized for the abuse of or an addiction to alcohol or a controlled substance in the previous 10 years; and must not have been a voluntary patient in a rehabilitation program or voluntarily hospitalized for the abuse of or addiction to alcohol or a controlled substance in the previous 3 years; ∙ Must not have been convicted of the offense of driving under the influence of an intoxicant in Tennessee or any other state two or more times in the previous 10 years with no conviction having occurred in the previous 5 years; ∙ Must not have been adjudicated as mentally defective, judicially committed to or hospitalized in a mental institution, had a court appointed conservator by reason of a mental defect, judicially determined to be disabled by reason of a mental illness, developmental disability or other mental incapacity, and in the previous 7 years not found by a court to pose an immediate substantial likelihood of serious harm because of mental illness; ∙ Must not be an alien or be illegally in the United States; ∙ Must not have been discharged from the armed forces under dishonorable conditions; ∙ Must not have renounced his or her United States citizenship; ∙ Must not have been convicted of a misdemeanor crime of domestic violence; ∙ Must not be receiving Social Security disability benefits because of alcohol dependence, drug dependence, or mental disability; and ∙ Must not have been convicted of stalking.471 In Kentucky, an applicant cannot "owe a child support arrearage," as further elaborated in the statute, and must have "complied with any subpoena or warrant relating to child support or paternity proceedings."472 One of the conditions in Oregon for the issuance of a license to carry a concealed handgun is that the applicant cannot be someone who is required to register as a sex offender in any state.473 As discussed in Section XIII, a law enforcement official has the authority when a licensee is carrying a firearm to verify the validity of the person's required license and quite possibly to determine preliminarily whether the licensee still meets the requirements for a license; for example, by a permittee fails to meet one or more of the requirements, the permit holder must return his or her permit to the Nebraska State Patrol for revocation.466 In New York, if a licensee is convicted of a felony or other serious offense or for any other reason is no longer eligible for a license, the person's ineligibility "operate[s] as a revocation of the license."467 In South Carolina, a person's concealed weapons permit "must be surrendered…if the permit holder becomes a person prohibited under state law from possessing a weapon."468 In West Virginia, a sheriff is authorized to revoke an existing license for a concealed weapons permit if the holder has violated any of the requirements for the issuance of his or her permit.469 In summary, in some states whenever a licensee no longer meets the qualifications for his or her license, the licensee no longer has a legal right to carry a firearm, except possibly in those situations when the person may carry a firearm without a license.

Read the entire page →

From page 47...

... 47 person is merely transporting the firearm through the state."479 In some states, the appropriate state official, often the state attorney general, is authorized to enter into reciprocity agreements with other states.480 Thus, in Idaho the attorney general contacts the "appropriate officials in other states for the purpose of establishing, to the extent possible, recognition and reciprocity of the enhanced license to carry a concealed weapon by other states, whether by formal agreement or otherwise."481 In Ohio, [a] person who holds a valid concealed handgun license issued by another state that is recognized by the attorney general pursuant to a reciprocity agreement…has the same right to carry a concealed handgun in this state as a person who was issued a concealed handgun license…and is subject to the same restrictions that apply to a person who carries a license issued under that section.482 The attorney general in Pennsylvania is authorized "to enter into reciprocity agreements with other states providing for the mutual recognition of a license to carry a firearm issued by the Commonwealth and a license or permit to carry a firearm issued by the other state."483 As of January 1, 2016, the governor of Texas is directed to negotiate agreements with other states that issue a license to carry a handgun so that a license issued by one state is recognized by the other state, as further provided in the statute.484 In brief, as discussed in this section, under state laws authorizing the issuance of a license to carry a firearm or a concealed firearm, licensees have a continuing obligation to comply with the conditions under which their license was issued.

Read the entire page →

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