The following video is a transcript.
The trick-or-treating season is upon us. So the number one question I receive in October is, “Can I carry my handgun while I’m trick-or-treating with my kids? If so, are there any restrictions?” On Halloween, the same restrictions that would exist for you to carry in public apply.
Weapons Carry License
In order to carry a handgun in public, you must first have a Weapons Carry License. If you have a Weapons Carry License, you can carry your firearm openly or concealed. If you don’t have one, you could still conceivably carry a handgun in your vehicle or outside your vehicle if it’s enclosed in a case and unloaded. Remember, you must be eligible to possess that firearm. If you have a felony conviction, you’re a first offender on probation, you have a previous crime of domestic violence battery, or you’re a juvenile, you are not eligible to possess a handgun. If you want to carry it when your kids are trick-or-treating, make sure you have your Weapons Carry License with you. You lose its protections if you don’t actually carry it.
Long Gun Carry
Those are the rules for handguns. For long guns, meaning rifles and shotguns, it’s a bit of a different story. You can carry a rifle or shotgun without a Weapons Carry License. In fact, you can carry them concealed so long as they’re not loaded, which means no round in the chamber. If it’s loaded, however, it must be carried openly. You can carry a rifle without a Weapons Carry License so long as you follow these rules. Although if you do that on Halloween night, you may cause unwanted attention and that’s really saying something on Halloween.
Can individuals restrict your entry to their home or their property when you’re carrying? Yes, they can. Signs such as “No Firearms Allowed, Do Not Enter With Weapons” are probably not enough to give proper notice. However, property owners or the person in legal control of the property can remove you or eject you if you have a firearm, but they must first give you notice.
In conclusion, carry your Weapons Carry License, carry your firearm according to the law, carry your candy, and have a safe and happy Halloween. For any questions regarding firearms carry laws, please call U.S. LawShield and ask to speak to your Independent Program Attorney.