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Anyone charged for Disorderly or Disturbing the peace, loose LTC while OC'ing in MA?

type911

type911

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I would never test the waters but was wondering if anyone else has? Yes I searched and there is miles upon miles of responses to open carry but nothing showing any charges or arrests made. Is there any proof of people losing LTC for suitability issues?


Thanks guys and gals
 
An isolated incident isn't statistically significant. If I really wanted to open carry, I'd try it, but I don't really want to extra attention from anyone. I honestly doubt in MOST places you would have anything other than a cop possibly asking you to cover it up.

Mike
 
I had the opposite happen to me in Boston once, getting out of a car. Officers asked to see my LTC, told me to be more careful getting out of the car.
 
type911 said:
I would never test the waters but was wondering if anyone else has? Yes I searched and there is miles upon miles of responses to open carry but nothing showing any charges or arrests made. Is there any proof of people losing LTC for suitability issues?


Thanks guys and gals
Click to expand...

Who cares if someone got charged with either of those things... bigger issue by far is suitability. Suitability
doesn't even require an arrest or court interaction, so you don't even have due process to fight it, really.

There was Joe Landers in Dedham (he posted here about his ordeal, so I'm not exactly outing him) that got bagged, and only got his LTC back when the chief finally got dethroned.

There was also a lawyer in springfield who was OCing while wearing a suit. He was accosted by a douche LEO, had his LTC and gun taken from him and got stuffed in the back of a cruiser for awhile, but I don't think he was arrested. He took them to court I believe and got his LTC and gun back, don't think he ended up being unsuitable.

I think in MA it's going to be a matter of context. If you're in some rural town in MA and the police aren't douchebags, you probably won't have a problem, or you might get asked to cover your gun up.

If you are in a small/big dump city in MA, though (which is about half the cities and towns in MA) the odds of an encounter being "bad" are probably pretty high. High enough that I wouldn't risk it.

-Mike
 
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It is my understanding that anyone can accuse you of "brandishing" a firearm if you OC in MA. Once accused, and the police are called, you will lose your LTC.

The only time I ever OCed in MA was when I was a constable and had the badge right next to the holster. Even then I felt like I was breaking the law.
 
Bob Palermo said:
It is my understanding that anyone can accuse you of "brandishing" a firearm if you OC in MA. Once accused, and the police are called, you will lose your LTC.
Click to expand...

There is no such thing as "brandishing" under MGL. That word doesn't even appear in MGL anywhere. The typical deal in MA is "assault with a deadly weapon". Merely having a gun in a holster does not constitute ADW, although a liar calling the cops and saying "this guy pointed his gun at me!" might pass if he can concoct a good
enough lie to convince a police officer that you had actually done so. That's pretty far fetched, though.

Given this it is highly doubtful anyone would face criminal charges simply for carrying a gun in a holster. As you suggest, however, suitability can come into play at any time.

-Mike
 
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drgrant said:
Merely having a gun in a holster does not constitute ADW, although a liar calling the cops and saying "this guy pointed his gun at me!" might pass if he can concoct a good
enough lie to convince a police officer that you had actually done so. That's pretty far fetched, though.
Click to expand...

Honestly, I do not think they would have to be a good liar in most cities in this state. For example, If an old lady calls the cops and says this man is waving his gun around, who do you think the cops are going to believe? Granted you may not face criminal charges, but I feel you can kiss your LTC goodbye (even for the short term). So the real question is it even worth it? Personally I would not gamble my LTC on it.
 
I remember an incident about 10-15yrs. ago when a recently separated Soldier was walking down the VFW parkway w/a AR-15 chow slung over his shoulder and a handgun and ammo on him and in a rucksack. Needless to say the sheeple freaked out and called the authorities. It didn`t end well for the former Soldier.
 
crazymjb said:
An isolated incident isn't statistically significant. If I really wanted to open carry, I'd try it, but I don't really want to extra attention from anyone. I honestly doubt in MOST places you would have anything other than a cop possibly asking you to cover it up.

Mike
Click to expand...

This happened to me in Eggleston Square. I stopped to get a coffee and paper, when i bent down to grab the paper, the cop behind me asked me to be more discreet.
I felt like an ass and was super paranoid about printing the rest of the day but it was a good learning experience.
 
drgrant said:
There was also a lawyer in springfield who was OCing while wearing a suit. He was accosted by a douche LEO, had his LTC and gun taken from him and got stuffed in the back of a cruiser for awhile, but I don't think he was arrested. He took them to court I believe and got his LTC and gun back, don't think he ended up being unsuitable.


-Mike
Click to expand...

IIRC he wasn't OC'ing, he left his suit coat unbuttoned because it was hot, and the wind caught it just enough for the cop in the car to catch a quick glimpse.
 
rwl1955 said:
I remember an incident about 10-15yrs. ago when a recently separated Soldier was walking down the VFW parkway w/a AR-15 chow slung over his shoulder and a handgun and ammo on him and in a rucksack. Needless to say the sheeple freaked out and called the authorities. It didn`t end well for the former Soldier.
Click to expand...

I think I saw that movie. [laugh]
 
I know a guy that has as a restriction on his LTC that he can ONLY open carry.

Long story short, he had to sue the CoP to get his LTC, so the CoP gave him what the court ordered, with a twist. He lost count how many times he got hassled by cops, and the worst ones were the cops that thought it was not legal to open carry.
I think the CoP was chuckling every time he got a phone call on this guys LTC status.

After a year of that crap he gave up carrying and decided to wait for renewal and hopefully a new CoP! I want to say it was Newton but not sure.
 
Just a thought - you could possibly open carry with an airsoft pellet gun in front of a cop and see what he does - if you wanted to test the waters and not get in trouble - it would be kind of funny.
 
I'd bet you'd get more harassment from the PD for open carrying a pellet gun vs a real gun. With a pellet gun you can't make the argument that you are doing anything other than looking for attention.

Mike
 
This is devolving into a PSGSP in the PRM thread.....

There is a lot that is legal, but considered inappropriate here. And the thing to remember: good cops and departments notwithstanding, the Commonwelath is not gun-friendly....either in the populace, or gov't....

We are an oppressed, and essentially disenfranchised minority.
 
crazymjb said:
I'd bet you'd get more harassment from the PD for open carrying a pellet gun vs a real gun. With a pellet gun you can't make the argument that you are doing anything other than looking for attention.

Mike
Click to expand...

Plus the 2nd cop who sees it may not have the same reaction as the 1st one...
 
Jeeesh, ya gotta be kidding me.

Just out of curiosity, what about children (or adults) weraing a cowboy belt and a couple of holstered cap guns? Or an adult carrying a starter pistol in a holster? Or an empty, closed end holster that sticks out? How are those situations any different (from the observer's perspective) than catching a glimpse of your real weapon?

I was shocked to read the regs here and found that an LTC was concealed carry only. I thought that was very odd as in other places open carry is the norm and concealed requires a special endorsement or license. Now I'm learning your weapon can never be seen in Massachusetts?

Now I understand why so many here are so afraid of guns, they have no exposure to them.

It's kinda like "don't ask don't tell" for gun owners, no?

What is wrong with this state?
 
holy necro-thread batman! For the record, there is NO LAW stating open carry is illegal or even remotely wrong. We live in a sheep state where people actually see a gun and shit their drawers. ridiculous bologna because we have turned into a pussy coddling society who values their bud light and lesbaru's more than being a real american. we call those AINO's.

Dom
 
Quiet said:
Jeeesh, ya gotta be kidding me.

Just out of curiosity, what about children (or adults) weraing a cowboy belt and a couple of holstered cap guns? Or an adult carrying a starter pistol in a holster? Or an empty, closed end holster that sticks out? How are those situations any different (from the observer's perspective) than catching a glimpse of your real weapon?

I was shocked to read the regs here and found that an LTC was concealed carry only. I thought that was very odd as in other places open carry is the norm and concealed requires a special endorsement or license. Now I'm learning your weapon can never be seen in Massachusetts?

Now I understand why so many here are so afraid of guns, they have no exposure to them.

It's kinda like "don't ask don't tell" for gun owners, no?

What is wrong with this state?
Click to expand...

There is no statutory requirement in Mass for CC. Open carry is not statutorily prohibited.

It is "custom", or perhaps "tradition" that you keep your firearm concealed. Due to the "suitability" issues, and the few, but real instances of people getting jammed up, this is the way it is.
 
cekim said:
don't even joke, they are literally working on it...
Click to expand...


That's nanny bloomberg's next crusade.

- - - Updated - - -

atilla said:
they can take my pizza when they pry it from my cold, dead hands. i just made a pizza monday and didn't even file a FA-10 on it. i also added more than ten assault pepperonis.
Click to expand...


Was it a high capacity pizza?
 

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