• If you enjoy the forum please consider supporting it by signing up for a NES Membership  The benefits pay for the membership many times over.

Bridgeport CT Police detain Open Carrier - Open Carrier makes $30,000

dcmdon

dcmdon

NES Member
Joined
Jan 27, 2009
Messages
13,636
Likes
3,478
Location
Central NH and Boston Metro West
Feedback: 33 / 0 / 1
OC is being more firmly established in CT every day. Attorneys for Michael Rearden reached an agreement this week with the Bridgeport CT police department where the will pay Mr. Reardon approximately $30,000 for his unlawful detainment this summer.

Here is a link to the complaint. I will post more links as they become available.

http://civilinquiry.jud.ct.gov/DocumentInquiry/DocumentInquiry.aspx?DocumentNo=9324776


Further, CT carriers are beginning to successfully assert their right to not show their pistol permit if questioned by a police officer. CT general statutes state:

Such holder shall present his or her permit upon the request of a law enforcement officer who has reasonable suspicion of a crime for purposes of verification of the validity of the permit or identification of the holder, provided such holder is carrying a pistol or revolver that is observed by such law enforcement officer.

In this video the OCer smartly asks the officer if he suspects him of a crime. The officer says "no". Thus removing his right to see the OCer (victim) CT pistol permit.



In general, its a good thing when we have progressed to needint go educate the cops that OC is legal to needing to educate the cops that absent RAS, they can't ask to see a pistol permit.

It should also not be lost on anyone that the OCer is black. I am trying to find out if Mr. Reardon is also black as this seems to be a problem. Cops leave white OCers alone but hassle black OCers.

Don
 
Last edited by a moderator:
By the way. This law is new. It was passed just this year. Prior to this law being passed, there was nothing in the CGS that said you had to show yoru PP to a cop ever.

Of course, this new law includes the need for RAS, which is where asking "do you suspect me of a crime" comes in.

Here is a link to the statute: https://www.cga.ct.gov/2015/act/pa/pdf/2015PA-00216-R00HB-07027-PA.pdf

Don
 
Just to be clear for the Mass folks: the standard here is different. Knowledge that someone is carrying a firearm is not sufficient for police to search you, BUT they can demand your license without any suspicion that you're committing a crime.

Oddly, the standard of proof is higher with regard to search and seizure than it is for conviction for carrying without a license. This is an interesting oddity that might come before the US Supreme Court in the future. [wink]
 
Great news.

I am new to the carry world, but are other people nervous/scared about getting lit up by the cops. Its a sad state that you have to fear that but watching the video of this guy I can't help but wonder if I would have had the balss to do the same.
 
That's the video I posted the other day...

This settlement was from a traffic stop not the Subway issue??
 
Last edited:
GeorgetownLTC said:
Great news.

I am new to the carry world, but are other people nervous/scared about getting lit up by the cops. Its a sad state that you have to fear that but watching the video of this guy I can't help but wonder if I would have had the balss to do the same.
Click to expand...

You should not worry. If you want the least trouble, keep it concealed.

If you are in CT and want to OC, then do it. People generally aren't hassled. And when they are, as we see above, it is worth their time.

Don
 
Knuckle Dragger said:
Just to be clear for the Mass folks: the standard here is different. Knowledge that someone is carrying a firearm is not sufficient for police to search you, BUT they can demand your license without any suspicion that you're committing a crime.

Oddly, the standard of proof is higher with regard to search and seizure than it is for conviction for carrying without a license. This is an interesting oddity that might come before the US Supreme Court in the future. [wink]
Click to expand...

Nice! Maybe this will help normalize someone's choice to OC in MA.
 
This guy got "unarrested" when the PD discovered its mistake, sued them later, and collected.

I'll bet if he spent his time at the station yelling about how he was going to sue them that they would have found something to charge him with.
 
One other difference between CT and MA is this guy quite officially would be "unarrested" even if his charges were dismissed or he were acquitted at a later date.

CT law requires that all records of an arrest and prosecution be destroyed if someone has a successful outcome. When I was arrested in college and later charges were dismissed, the judge said to me quite literally "This didn't happen. if you are ever asked if you have ever been arrested or had to appear in court to defend yourself you can legally and truthfully say NO. ".

Don

Citation: https://www.cga.ct.gov/2011/pub/chap961a.htm


Sec. 54-142a. (Formerly Sec. 54-90). Erasure of criminal records. (a) Whenever in any criminal case, on or after October 1, 1969, the accused, by a final judgment, is found not guilty of the charge or the charge is dismissed, all police and court records and records of any state's attorney pertaining to such charge shall be erased upon the expiration of the time to file a writ of error or take an appeal, if an appeal is not taken, or upon final determination of the appeal sustaining a finding of not guilty or a dismissal, if an appeal is taken. Nothing in this subsection shall require the erasure of any record pertaining to a charge for which the defendant was found not guilty by reason of mental disease or defect or guilty but not criminally responsible by reason of mental disease or defect.
 
Knuckle Dragger said:
Just to be clear for the Mass folks: the standard here is different. Knowledge that someone is carrying a firearm is not sufficient for police to search you, BUT they can demand your license without any suspicion that you're committing a crime.

Oddly, the standard of proof is higher with regard to search and seizure than it is for conviction for carrying without a license. This is an interesting oddity that might come before the US Supreme Court in the future. [wink]
Click to expand...

As I always heard it,
If someone sees you open carrying in Massachusetts and felt threatened enough to call 911 (even if you standing in line at CVS with an arm full of pampers not doing anything) the responding cop CAN charge you with "threatening with a firearm" or something similar. The theory being that the person who called must have felt threatened.....
It all depends on the responding officer and what kind of mood he is in..
 
spcantwell said:
As I always heard it,
If someone sees you open carrying in Massachusetts and felt threatened enough to call 911 (even if you standing in line at CVS with an arm full of pampers not doing anything) the responding cop CAN charge you with "threatening with a firearm" or something similar. The theory being that the person who called must have felt threatened.....
It all depends on the responding officer and what kind of mood he is in..
Click to expand...

Conclusion from all I've read about Massatwoshits to date: Capricious and Arbitrary is REQUIRED, and not FORBIDDEN, contrary to the law of the land everywhere else.
 
Sweet. They were retarded to create that situation. There's plenty of case law in CT firmly on the side of OC and harassment.
 
spcantwell said:
As I always heard it,
If someone sees you open carrying in Massachusetts and felt threatened enough to call 911 (even if you standing in line at CVS with an arm full of pampers not doing anything) the responding cop CAN charge you with "threatening with a firearm" or something similar. The theory being that the person who called must have felt threatened.....
It all depends on the responding officer and what kind of mood he is in..
Click to expand...

There is no such "threatening with a firearm" charge in MA. Either someone is committing ADW or they didn't. I mean there are probably other catch all charges like disorderly conduct or other bullshit, but the reality is if the responding cop is a douche its going to be a suitability problem and probably not a real arrest unless they make something up.

-Mike
 
spcantwell said:
As I always heard it,
If someone sees you open carrying in Massachusetts and felt threatened enough to call 911 (even if you standing in line at CVS with an arm full of pampers not doing anything) the responding cop CAN charge you with "threatening with a firearm" or something similar. The theory being that the person who called must have felt threatened.....
It all depends on the responding officer and what kind of mood he is in..
Click to expand...

This simple is not true.

Unfortunately, this piece of mis-information continues to make the rounds and be repeated, even here on NES where everyone has tried to be accurate.

You cannot be charged with a crime or have your license revoked for behavior that's authorized by your license. If there was ever any doubt, it was made clear in Simkin:
However, Simkin is not responsible for alarm caused to others by his mere carrying of concealed weapons pursuant to a license permitting him to do exactly that. - See more at: http://caselaw.findlaw.com/ma-supreme-judicial-court/1641408.html#sthash.WErDqqJP.dpuf
Click to expand...
 
Knuckle Dragger said:
This simple is not true.

Unfortunately, this piece of mis-information continues to make the rounds and be repeated, even here on NES where everyone has tried to be accurate.

You cannot be charged with a crime or have your license revoked for behavior that's authorized by your license. If there was ever any doubt, it was made clear in Simkin:
Click to expand...

Good piece of Intel here, Thanks
 
As a CT resident and taxpayer I am much happier to see my tax dollars going to a guy who stood up for our 2A rights than I am seeing my tax dollars being spent on food stamps (well, cards) so the scumbag in front of me at Stop & Shop with 5 or 6 screaming brats can buy her Doritos, crab legs, cigarettes and beer courtesy of me and the rest of the working class.

So yeah, I hope this teaches the police all over CT that they aren't God and they don't have the right to bully people just because they have a badge and they are the ones threatened by OC. No disrespect to good cops just trying to do their jobs but bullies with badges cannot be tolerated.
 
As a resident of both CT and MA, I can tell you that we used to call MA "Taxachussetts". But now the tables have turned. And unfortunately CT doesn't have the huge economic engine that is MIT, Harvard, etc, teaching geniuses how to be entrepreneurs.

MA succeeds despite its government. CT has no such engine.

Re breach of peace and arrest around carrying openly in MA or CT.

The police can charge you with anything. Whether or not it will stick is another thing. In most states breach of peace or a similar charge requires that the accused INTEND to cause fear, confusion, annoyance, alarm, etc. Without intent, there is no crime.

When you watch a youtube video and see a cop ask an OCer "why are you doing this", he is trying to get the OCer to incriminate himself.

The reason OC is a non issue in CT is that people being harassed is a rare occurrence, getting arrested is even rarer, and being prosecuted has not occurred in the last 10 years.

The reason OC is an issue in MA has to do with suitability and the need to have a LTC to merely possess firearms. In CT if the police pull your Pistol Permit and you eventually get it back, yhave lost your legal ability to carry while you are dealing with things.

In MA at best you have to make arrangements to have someone else store your guns while you deal with things. At worst, they ended up in a bonded warehouse, never to be seen again.

So in CT, the risk of OCing is a very minor inconvenience.

In MA it risks all of your firearms with no due process.

Don
 

Similar threads

Concealed Carrier Kills Alleged Robber in Chicago Shootout
Replies
3
Views
181
Rocky Mosasaurus
Rocky Mosasaurus
6 shot, including 2 children, after gunmen open fire in Washington DC neighborhood
Replies
1
Views
61
Uzi2
U
Deadly bodycam shows knife-wielding man attack police responding to 911 call, officers open fire
Replies
1
Views
166
Dadstoys
Dadstoys
Police: Homeowner Opens Fire on, Kills Hammer-Wielding Gentleman
Replies
15
Views
319
Steve600
Steve600
It wasn't me!!! 1 man dead, 3 injured after men on scooters open fire on corner in the Bronx- What a Ruckus!!!
Replies
7
Views
160
VetteGirlMA
VetteGirlMA
Back
Top Bottom