Chief States Attorney sends memo Acknowledging OC is legal. Then confuses things.

[dcmdon]

If you read the first page of this, it seems like they finally get it.

However, then on the next 2 pages he seemingly contradicts himself and completely muddies things up.

The police are supposed to use this for guidance. If you were a police chief in CT, would you be confused???

Either way. It unequivocally acknowledges that OC is legal. The "mud" is around whether the officer can lawfully stop and identify you.

Thankfully, most cops won't read past the first page since their eyes will glaze over once he starts making references to case law.

http://ctcarry.com/Document/Download/492deac4-1b08-45d1-b8c5-fe4b3cbb62d3

 

[CTpatriot]

I don't think I want to find out what they mean by "consensual encounter"

 

[fishgutzy]

Given that criminals are highly unlikely to open carry, it is a safe bet that anyone open carrying is legal.

 

[CTpatriot]

He was on his fifth cocktail when he wrote this: No Connecticut court has yet to determine whether, and under what circumstances, openly carrying a gun in a public place gives rise to a reasonable suspicion that
disorderly conduct has been or is being committed. Based on on the widespread
proliferation of gun violence in contemporary American society, especially random mass
shootings, and the provocation that is inherent in any person who is not readily
identifiable as a law enforcement agent or armed security agent openly carrying a
handgun in a public place, it is reasonable to suspect, in situations in which the police
are present in response to a citizen complaint reporting concern over a person carrying
a gun, that the crime of disorderly conduct, in violation of § 53a-182 (a) (2), is being or
has been committed. Prior to making a demand for production, the officer should speak
with the complainant and gather any other pertinent information, including that relating
to events that occurred before the officer(s) arrived on-scene, and to watch the person
carrying the gun for any signs of nervousness, inappropriate sweating, lack of eye
contact, and evasiveness, among other indicia of suspicion. Pertinent information to
note in a report also includes, where applicable, the high incidence of criminal activity,
especially crimes of gun violence, in the area or at the specific site in question.

 

[namedpipes]

... Thankfully, most cops won't read past the first page since their eyes will glaze over once he starts making references to case law.

http://ctcarry.com/Document/Download/492deac4-1b08-45d1-b8c5-fe4b3cbb62d3

Mine certainly did.

On the whole, though, sounds like an improvement.

 

[dcmdon]

This is the good part:

By itself, without more, merely observing a person openly carrying
a handgun does not give rise to criminal suspicion because doing so is lawful in
Connecticut by persons who possess a pistol permit.

In this regard, openly carrying a gun is legally akin to driving a motor vehicle; both activities are potentially dangerous,
heavily regulated, and require a permit/license to engage in.

Just as a police officer cannot lawfully stop a motor vehicle based merely on observing a person operating one,
in order to determine whether that person is licensed, the officer cannot lawfully seize a person merely
on observing him openly carrying a gun in order to determine whether that person has a pistol permit.

 

[Rob Boudrie]

If you read the first page of this, it seems like they finally get it.

However, then on the next 2 pages he seemingly contradicts himself and completely muddies things up.

The police are supposed to use this for guidance. If you were a police chief in CT, would you be confused???

The State's Attorney is saying people open carrying CT only have the rights they know about and take care to assert.

 

[dcmdon]

Mine certainly did.

On the whole, though, sounds like an improvement.

What town are you in? Certain towns like Torrington, Windsor, and Wethersfield have been ahead of the curve on this with standing orders for the last couple of years to leave OCers alone.

Don

p.s. Torrington Memo http://ctcarry.com/Document/Download/43e7d924-8fda-40a7-abc6-f5351641c7a8

Wethersfield Memo: http://ctcarry.com/Document/Download/25f781f1-6ff0-40a2-a1db-2911f4abb7d0
Its is very nicely written and says:

If the open carry of a firearm by a valid permit holder is legal; and another person or
persons are alarmed, annoyed or inconvenienced because they are unaware that the
permit holder is exercising his legal right to carry his weapon unconcealed; this in itself
would NOT constitute a crime on the part of the permit holder.

I think it is funny that they warn cops not to fall for the "trap". Its great that the chief understands and acknowledges
that arresting a law abiding person for OC exposes the town to civil litigation.

** Note: The vast majority of permit holders carry firearms daily without any problems or
interaction with law enforcement. There may be some individuals out in public at this
time purposely carrying their weapons in an open fashion to test or bait police officers
who are unfamiliar with the law into arresting them, so they may bring civil action
against the officers and state or municipality.

 

[namedpipes]

What town are you in? Certain towns like Torrington, Windsor, and Wethersfield have been ahead of the curve on this with standing orders for the last couple of years to leave OCers alone. ...

I'm just being a busybody. I'm a M***hole. I meant my eyes glazed over by the end of the first page.

 

[dcmdon]

my eyes glazed over by the end of the first page.

Are you a police chief? ;-)

 

[namedpipes]

Are you a police chief? ;-)

No, but my cousin was one.

 

[DCMaximus]

I read this as a veiled way to "coach" officers in writing their reports after such an encounter. In other words, "don't forget to include some other reason for suspicion in your report, whether there was one or not. Otherwise defense attorneys will get the stop, and evidence obtained as a result thereafter, suppressed."