This was sent to me, this was sent as an email to all of the ASP.
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Individuals do not technically violate § 5-73-120 for “open carry.” Instead, they violate the statute because they are carrying a loaded weapon that is therefore readily available, “to attempt to unlawfully employ the handgun against a person” is reasonably implied because they do not fall under one of the exceptions of §5-73-120(c), such as the concealed handgun carry license or “journey” exceptions, etc.

These elements of §5-73-120—that the weapon was “loaded” and “readily available” and that there was “no applicable §5-73-120(c) exception”—should be well-documented by troopers in incident reports, etc., in order to support probable cause for their case as well as prepare the record for any civil litigation.

Basically, since there is no such thing as legal "open carry," anytime a trooper encounters someone who doesn't have their handgun concealed; you first approach it as a potential CHCL Rule violation and develop it from there:

Scenario 1. “Open Carry” with a Concealed Handgun License:

An individual who is a CHCL holder violates ASP CHCL Rules and § 5-73-301(2) if they do not cover the weapon to prevent public view. They are also required to provide their CHCL upon request for identification if they are carrying a weapon.

So, if an individual is openly carrying a weapon, a trooper should ask for their identification and CHCL. If they have a CHCL license, the trooper should document the incident and forward a memo to the ASP CHCL Section, providing details of the licensee’s failure to comply with law and rules by keeping their weapon concealed. The CHCL Section can then address the individual’s failure to keep the handgun concealed as a Rules violation. The trooper does not seize the CHCL.

Scenario 2. “Open Carry” without a Concealed Handgun License:

Again, an officer can reasonably infer that any handgun being openly carried by a person is loaded and therefore readily available.

So, if an individual is openly carrying a handgun and is NOT a CHCL holder and they are not in their vehicle on a journey beyond their county or fall within another -120(c) exceptions, then they can be cited for violation of § 5-73-120. The incident report narrative should document the fact that the weapon was on the person, loaded and therefore readily available and that there were no applicable exceptions under § 5-73-120(c) (for example, on a "journey" in their vehicle). Even if it was unloaded but the magazine was readily available, treat it the same way and document that fact, that is was "readily available."


There is obviously the possibility of other charges, such as disorderly conduct or obstruction depending on the individual’s responses to a trooper’s lawful order.