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Open Carry is legal in MA as far as I understand. Maybe it is frowned upon, but there is no law that says the OP could not have just walked around with his gun in the open. This situation is an excellent reason why OC should be clearly supported by the law. So, unless he drew his weapon, then he did nothing wrong.
Also, he is with his wife. I think that there is very little he can do to flee unless he abandons her. No sane LEO, DA, Judge or Jury is going to take issue with defending your wife.
I agree with you, but to take it a step further, if I have to defend my wife (family) I will not give to s**ts what LEO, DA,Judge, Jury or the freaking Easter bunny think about it.
I may be wrong, but I'm pretty sure you can just give the bad guy the "nod & stare" to let him know that you know, you know? I bet that totally works.
If you are only "pretty sure" then, and no offense intended, not "street smart " enough to pull that off. Body language, how you carry yourself, dress, appearance, ethnicity/race are all factors. If you look like food you will be eaten, on the other hand some perps won't care or won't think you look tough enough, others fueled by drug addiction will do anything and don't care if you are openly carrying two .45's, they are desperate.
I try to be situationally aware and avoid hot spots when I can. I'm not that tough looking, MYOB and pack whenever I can.
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When was the last time you were in that area of Boston?Good on your brother for a variety reasons, but lets face facts here...
Play stupid games, win stupid prizes. That was called the combat zone once upon a time, some real estate development hasn't changed it all that much. He needs to smarten up and not find reasons to be in these areas.
Any single guy who does not hang out in Boston is an idiot. The talent is deep.Glad they're okay. Boston is a shithole. I was just having a conversation with a lady friend who's partying at clubs in Boston. I'm like, not even my knife is legal there . What a joke. Stay safe everyone.
Any single guy who does not hang out in Boston is an idiot. The talent is deep.
What you gonna do for fun on the North Shore - go to Karaoke Night at Capone's? I lived in NH when I was young and single - I was an idiot.
When was the last time you were in that area of Boston?
Man, there are some seriously fearful people here.
Any single guy who does not hang out in Boston is an idiot. The talent is deep.
What you gonna do for fun on the North Shore - go to Karaoke Night at Capone's? I lived in NH when I was young and single - I was an idiot.
Open Carry is legal in MA as far as I understand.**Maybe it is frowned upon, but there is no law that says the OP could not have just walked around with his gun in the open.**This situation is an excellent reason why OC should be clearly supported by the law.**So, unless he drew his weapon, then he did nothing wrong.
Also, he is with his wife.**I think that there is very little he can do to flee unless he abandons her.**No sane LEO, DA, Judge or Jury is going to take issue with defending your wife.
Well, I was thinking that goes along with what Jason6 was saying about brandishing. If you have reason enough to show it, then you have reason enough to use it. Personally speaking, if a BG ever sees my gun it will only be because he caught a quick glimpse before the flash and bang. It should inmo never be used to threaten or intimidate since there are way too many things that could go wrong, including getting your own ass shot because now YOU are the threat!
Let's just agree to disagree. I , hopefully, never leave my or my loved ones' welfare to chance and splitting hairs over legalities. I would rather do my talking in court than have others talking about me at graveside.
Agreed. My thoughts are if I feel the need to show my gun, I'm going to war. These folks aren't playing games, and neither am I. Deescalation is them running away, but I'm not going to have my back to them, hoping that flapping my shirt tail in the breeze with my holstered gun out is going to be enough to win the day. Having a concealed firearm gives me many advantages, declaring that I'm armed without immediately bringing that advantage to bare is poor tactics.
Its not like i'm rooting for the bad guys or something here...... I'm on you guys side. The only reason i'm going out of my way to say this stuff is to try to help you guys not get ****ed by the laws we have, as i understand them. I'm just trying to point out what the laws are in ma and that IMO i dont see how brandishing is ever a good idea.
(FYI, not that it really matters to the substance here, but "Brandishing" is exactly what this is:
bran·dish
1. To wave or flourish (a weapon, for example) menacingly.
flour·ish**
A bold or extravagant gesture or action, made esp. to attract the attention of others.
men·ace
a. A possible danger; a threat
b. The act of threatening.)
Carry a pistol openly is not at all the same as going out of your way to show someone a firearm. Lifting up your shirt and showing someone a pistol in this context is obviously with the intent of suggesting to the person you have a gun and the ability to shoot them. Its a direct threat to that person. It's clearly more threatening than just openly carrying a firearm.
The law is the law. You take your wife by the hand and start beating feet. It makes no sense to say you cant retreat because youre with your wife, at least it makes no sense to me, unless she's on crutches, or has one leg, or something.....
"Society wishes to encourage all of us to come to the aid of each other when that is necessary. Therefore, a person may use reasonable force when that is necessary to help another person, if it reasonably appears that the person being aided is in a situation where the law would allow him to act in self-defense himself."
http://www.mass.gov/courts/courtsan...s/criminal/pdf/9260-defenses-self-defense.pdf
Welcome to Massachusetts. To come to the defense of your wife she'd need to be justified in the use of lethal force herself. Since youre both with each other and in the exact same scenerio with the same threat its sort of a non factor i think. If you don't, "do everything reasonable in the circumstances to avoid physical combat before resorting to force", if you don't "exhaust all other reasonable alternatives before resorting to force." you're looking at criminal charges for killing someone. I dont think saying, "well i was with my wife so we stood there/walked a leisurely pace, and shot the guy" is reasonable.
I really dont understand this whole idea that its possible that if you dont brandish a firearm you could be killed. If you're worried about being killed then pull the gun. If you're not worried about getting killed, why make the argument that you're going to be killed? I dont get it.
Its not like i'm rooting for the bad guys or something here...... I'm on you guys side. The only reason i'm going out of my way to say this stuff is to try to help you guys not get ****ed by the laws we have, as i understand them. I'm just trying to point out what the laws are in ma and that IMO i dont see how brandishing is ever a good idea.
(FYI, not that it really matters to the substance here, but "Brandishing" is exactly what this is:
bran·dish
1. To wave or flourish (a weapon, for example) menacingly.
flour·ish**
A bold or extravagant gesture or action, made esp. to attract the attention of others.
men·ace
a. A possible danger; a threat
b. The act of threatening.)
Wow I go to China town all the time..Usually once or twice a month..Have any of you that say its a shat hole been down there in the last 20 years??..It is far from the Combat zone that it was when I was a kid..I am more worried about getting jumped in downtown Worcester than I am in China town.. Anyone not asian sticks out like a sore thumb and the blue vest China town patrol is usually not to far behind them
I am not sure if you are a lawyer, and may have the best of intentions, but I think you missed the part about brandishing not being a law here in Mass and if you should worry more about your safety then dumbass laws or a bank account.
*****1st point to take away, don't WAIT to be a victim, be aware of your surrounding.**OP's family, FELT threatened, took a very minimal amount of action that HE felt would diffuse the situation.**His feeling threatened is enough to take action.**You may not agree to showing, and think running, jumping, begging may have been a better choice, but the 2nd point here- do something to eliminate the situation (besides waiting for someone else to take action for you) and worry about the details of shit laws later.***As it didn't happen here but still important, if the police did show up for showing a firearm the 3rd take away- when dealing with the Police, KEEP YOUR MOUTH SHUT and get legal assistance.
Wouldn't you rather have your friends have a candle light vigil in your honor? it seems so nice.
BINGO!!!
jason6, I got tired of reading your collegial legal ramblings by pg 7 or so and, while you seem well intentioned and intelligent, you are soaking wet here.
I can't stand the "if you are gonna bring the gun into the mix, you'd better shoot to kill" mindset. It is flawed at best and does not take into account the continuum of circumstances anybody could face in public. Do the police who's existence is sanctioned by courts and all levels of gov't train as if its a binary "shoot to kill" or "don't touch/mention gun"? OF COURSE NOT!!! To do so would be crazy and I think the vast majority of the public would say the same thing given the context that the person with a gun is a LEO. Why turn a potential robbery into a "killing" when showing the gun is enough?
I understand all your duty to retreat, this is mass arguments but real life is never that clean. The cops were nowhere nearby to help you when you got into the situation but you somehow think they are gonna prove you did not try to run away? Good luck!
Of course, I'm for getting the hell out of a situation I even think remotely sketchy. But sometimes, despite best efforts, you really are surprised and in a bit of a jam. Whether on foot or in a vehicle, the surefire way to see if somebody is following you is to do something a bit out of the ordinary, make a u-turn where you are not supposed to, cross the street and start walking the other way, etc. Even turning around and asking somebody "whats up?" or "can I help you?" in a stern voice is not considered offensive nor is it, as jason6 says, likely to be construed as "starting something".
I'd rather take off running than do anything with a gun but real life is never that clean. If you are running around thinking about page after page after page of MGL, I'm sorry but you are not going to survive if you are ever truly threatened. There are times where saying "forget the laws" is really, really, really stupid and there are times where its a good idea.
Mark056 could not be any more correct in stating this kind of stuff happens hundreds of times PER DAY!!! It probably happens a few times per night in a city like Boston. If you are getting accosted or sized up, its likely the cops are nowhere to be found to begin with. I know some people like to harp on the idea that criminals are good at playing victim and will call the cops on YOU but there is simply no data to back this up. They are CRIMINALS, they dont want any involvement with the cops. In my LE experience the kind of people that were arrested for street robberies/att street robberies often had ARREST WARRANTS out against them! Yea, you calling the cops with one of those? The criminal is just gonna beat feet, shake off the situation and maybe move onto stealing shit from a construction site or something "safer" for the rest of the night or go home or do whatever. They are people too and human nature comes into play.
I've never even thought about displaying a gun to ANYBODY in civilian life but I'd do it to avoid something I thought was becoming a true threat and have no regrets whatsoever. How often do you hear about somebody getting arrested for these kinds of things? I cant find any stories online right now. I will note Ive been involved in casual conversations with many city cops in MA who talk about incidents they deal with and routinely say "the guy [would be victim] pulled a gun and he [bad guy] took off". Me being interested in this stuff, I always ask "and what became of it". The answer I always got: nothing, we never brought it up or we told our LT and he did not give a F and rarely, DA's office did not give an F and broomed it. I would not expect that result but IT HAPPENS.
This stuff does not get reported, at least not in real time. There is a good body of research literature that does show the frequency of these kinds of things with pretty solid evidence in favor of the mere presence of the firearm in the hands of the good guy stopping crime. Google it.
My only advice: if you are ever involved in a situation where you feel you must show or indicate that you are armed, particularly if you draw or actively show [lift shirt], get the HELL out of the area yourself even after the bad guy runs away. Please God, don't call the cops, especially in MA. You will open yourself a huge can of worms that will put your LTC and all guns in jeopardy no matter the outcome of the case. In the unlikely case he or a 3rd party called the cops, you want to put some distance between you and the scene. I'd be walking at a very brisk pace away from the immediate area and if I was sure no witnesses (if any) could still see me and there were no cops in sight to think it suspicious, Id be sprinting. Get to your car, get on the T, get to a friends house, get inside someplace and lay low for a while. Never call the cops yourself, some say "its a race to the phone and the first to call is the good guy", thats BS. There are plenty of reasons, that will hold up soundly in court, to justify not calling the cops in the immediate aftermath. Dead phone, trying to get to safety, etc. If you get caught it will be in the immediate aftermath while you are in the area. Criminal does not know you from adam and you dont walk with a license plate attached to your ass [yet].
What
what? we watch it together holding hands and sipping mimosas. don't judge.
my one issue and monday morning quarterback comment is that he lifted his shirt to display the firearm with his back turned to these guys? **** that. i wouldn't turn my back on these individuals if it looked like they were sizing me up to **** me up. i'm not a big dude, and i know i can't draw super fast like a cowboy--so i am not going to count on being able to turn all the way around AND draw my firearm if shit jumps off.
my one issue with the thread is that there are a lot of shitty posts in here. i'm sure you all know which ones they are. if you're confused by my comment though--they are probably your posts.
Nothing is perfect, but one would hope that if after the bullets start flying, the odds get evened out a bit. Also, my wife is probably safe at that point if she does what we have planned and keeps running. I know not everyone in this thread means or thinks this way, but carrying a gun is not some kind of whose dick is bigger contest. And sometimes I get that impression from some folks who carry weapons. Before I carried a gun, I carried a couple different kinds of weapons on my walks through the rougher parts of the city while I was in law school. I had occasion to have to take some of them out when threatened. I was lucky it never escalated beyond that. Several of those situations would have been dicey despite my being armed.good, turning his back on them would have been very un-smart.
"yeah, i have a gun. it's facing you. i'm turned around, and there are four of you."
either way that is not a position i'd want to be in. you'd have to decide real quick if you were going to start shooting if you got rushed by four guys. depending on how determined they are you might not drop them all in time. most likely the odds are that at least one of them will get way too close or on you.