Open Carry in MA?

[reo]

I wasn't sure about this before, but apparently MA is an open-carry state? I had heard that despite being legal, it is a cause for alarm. But according to Wikipedia, you're not responsible for causing alarm to others by open-carrying (https://en.wikipedia.org/wiki/Gun_laws_in_Massachusetts).

What do you guys think? Does anyone ever open-carry? It's so rare in MA, I feel like I've only ever seen police officers and security guards carrying open.

 

[jtnf]

You may not be charged with causing panic, but panic may ensue and you may lose your permission slip based on the all-powerful Suitability clause.

 

[richmartin19]

I wouldn't risk the brandishing a firearm charge. Its the equivalent to open carrying an AR15 in other states lol.

 

[reo]

You may not be charged with causing panic, but panic may ensue and you may lose your permission slip based on the all-powerful Suitability clause.

Are you sure though? Wiki says this:

An individual with a Class A unrestricted license to carry firearms does not have to conceal a handgun in public. Moreover, in 2013, the Massachusetts Supreme Judicial Court ruled that you are not responsible for alarm caused to others by licensed open-carrying of a handgun, and that your permit cannot be revoked for suitability purposes under these circumstances.[SUP][3][/SUP] If police demand to see your permit, you must produce it as per G.L. c. 140, § 129 (c). Not doing so is probable cause for arrest. Open carry of long guns is prohibited, except while hunting.

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FYI, not planning on doing this, I'm just curious about the legality

 

[ProGun]

Not illegal, but not a prudent thing to do in MA if you value your LTC.

 

[PATRON]

There was one guy on this forum that stated He opened carried in Worcester MA. with no problems.Is it legal?From what I understand it is,but you know MA,are you willing to find out what they would do to you if a moon bat starts yelling gun rape?

 

[matt2491]

Yea, it's technically legal, but good luck.

 

[Odyssey Arms]

Better way to put it is, it's technically not illegal.

 

[Sparky123]

Who would open carry in Massachusetts ? You would have to be insane to do something like that. And I don't care what the law says, open carry and you can kiss your LTC good-bye.

 

[reo]

There was one guy on this forum that stated He opened carried in Worcester MA. with no problems.Is it legal?From what I understand it is,but you know MA,are you willing to find out what they would do to you if a moon bat starts yelling gun rape?

Lol certainly not willing to find out at this time. I've got too much to live for outside of prison.

I understand that even if it is legal for me to carry open, anti-gun nuts will try to find a way to get me in trouble. I just want to know if the law protects me from every angle.

 

[Sparky123]

Lol certainly not willing to find out at this time. I've got too much to live for outside of prison.

I understand that even if it is legal for me to carry open, anti-gun nuts will try to find a way to get me in trouble. I just want to know if the law protects me from every angle.

This is Massachusetts, when it comes to firearms the law offers you no protection at all. The 2nd amendment means nothing here. Whose rights do you think AG Healey is protecting, yours ?

 

[drgrant]

I wasn't sure about this before, but apparently MA is an open-carry state? I had heard that despite being legal, it is a cause for alarm. But according to Wikipedia, you're not responsible for causing alarm to others by open-carrying (https://en.wikipedia.org/wiki/Gun_laws_in_Massachusetts).

What do you guys think? Does anyone ever open-carry? It's so rare in MA, I feel like I've only ever seen police officers and security guards carrying open.

It is legal but you have fun with that getting hassled by the kopsch every 10 minutes for man with a gun calls. I can see circumstances where it wouldn't be a problem but this isn't like NH where the cruiser rolls by, you look normal, they nod at you and leave you alone. I know some Pro2A cops in MA that wouldn't be dicks about it, but not worth gambling hoping you're going to get pinged by a good cop and not a bad
or mediocre one.

-Mike

 

[rcwhat]

I wouldn't risk it just because of ill-trained cops with twitchy finger bangers.

 

[Coyote33]

Saw a couple guys at a coffee shop at Worcester/Boylston line. They had on camo or green, and had .22's on their hips. Told the waitress/hostess/owner's wife they were scouting deer spots and hunting squirrels nearby. Everybody was OK with that. The wife is married to a cop. Theses guys did not seem like cops. No problems, end of story.

 

[gamma19]

I think there was a court case a few years ago in which a gun owner lost his LTC because his jacket blew open in the wind exposing his EDC and someone called the police on him. I believe the court decided that just because the gun was exposed and caused somebody alarm wasn't grounds for revocation based on suitability, and he got his license and guns back. Paging Comm2A?

 

[noxin]

I wouldn't risk the brandishing a firearm charge. Its the equivalent to open carrying an AR15 in other states lol.

Can you cite the MGL that criminalizes the mere act of carrying a firearm while properly licensed? (Hint : Brandishing isn't a legal thing in Massachusetts)

Also, Open Carrying a Rifle isn't illegal in many states.

I think there was a court case a few years ago in which a gun owner lost his LTC because his jacket blew open in the wind exposing his EDC and someone called the police on him. I believe the court decided that just because the gun was exposed and caused somebody alarm wasn't grounds for revocation based on suitability, and he got his license and guns back. Paging Comm2A?

That was a lawyer as he was heading into the court house. Cop was on a power trip and should have just let it go.

 

[JAD]

Are you sure though? Wiki says this:

An individual with a Class A unrestricted license to carry firearms does not have to conceal a handgun in public. Moreover, in 2013, the Massachusetts Supreme Judicial Court ruled that you are not responsible for alarm caused to others by licensed open-carrying of a handgun, and that your permit cannot be revoked for suitability purposes under these circumstances.[SUP][3][/SUP] If police demand to see your permit, you must produce it as per G.L. c. 140, § 129 (c). Not doing so is probable cause for arrest. Open carry of long guns is prohibited, except while hunting.

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FYI, not planning on doing this, I'm just curious about the legality

An issuing authority can revoke an LTC like a snap of a finger; with the burden of proof being on the licensee to prove that the revocation was not reasonable. Some people attempt to suggest that Simkin provides precent against revocation for a visible firearm- though that can also be interpreted differently. The Mass Prudent thing to do is avoid open carrying outside of situations in which it is required/acceptable (i.e. LE, hunting, security, et-sim)

 

[Waher]

Open carry of long arms on a public way has been illegal in MA since at least 1998.

The law on pistols is nonexistent, but 'suitability' means the issuing authority can yank a license for almost anything a court would agree with.

 

[JAD]

Can you cite the MGL that criminalizes the mere act of carrying a firearm while properly licensed? (Hint : Brandishing isn't a legal thing in Massachusetts)

Also, Open Carrying a Rifle isn't illegal in many states.



That was a lawyer as he was heading into the court house. Cop was on a power trip and should have just let it go.

Wasn't that resolved in the District Court (i.e. non precedential)?

 

[JAD]

Open carry of long arms on a public way has been illegal in MA since at least 1998.

The law on pistols is nonexistent, but 'suitability' means the issuing authority can yank a license for almost anything a court would agree with.

For me, that is one of the scariest elements of Massachusetts firearms law. To avoid any misinterpretation, I always carry an easily pack able case when I go hunting, in case I have to cross a road.

 

[Rob Boudrie]

http://masscases.com/cases/sjc/466/466mass168.html

The case did not specifically address open carry, but some at a medical appointment who disclosed he was armed. The interesting text in the decision is:

Next, we suspect that the average Massachusetts resident may become "alarmed" on learning that someone other than a law enforcement officer is carrying concealed weapons in his or her presence. 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. Although the bureau claims that Simkin "went out of his way to show and inform certain staff members that he was . . . armed," the record indicates otherwise. Simkin concealed his weapons until he was in the examination room and was about to disrobe, at

 

[drgrant]

I think there was a court case a few years ago in which a gun owner lost his LTC because his jacket blew open in the wind exposing his EDC and someone called the police on him. I believe the court decided that just because the gun was exposed and caused somebody alarm wasn't grounds for revocation based on suitability, and he got his license and guns back. Paging Comm2A?

That was this guy named Joe, IIRC he has an acct here but hasn't posted in forever. He eventually got his LTC back after a year or two of bullshit, but I think they restricted it. I want to say it was Dedham as the issuing authority, and it happened in Quincy, or vice versa. He was carrying pizzas or something and his jacket blew open and revealed his holstered gun, then the LEO pinged him and then ratted on him a few minutes later to his issuing authority.

FWIW that incident happened pre-Simkin so depending on circumstances it might not end up the same way.

The other pre-simkin incident that comes to mind is the Springfield lawyer wearing a suit and sort of OCing a 1911. (he had a shoulder holster or something, wind blew open his jacket and someone spotted him- An overzealous springfield cop jammed him in a cop car and stole his gun and LTC, but did not arrest him. Eventually he took them to court and got his gun and LTC back but I'm not sure what the venue of that was or how he pulled it off. Nobody here
knows the guy. (but the story ended up in the telegram or something at the time).

-Mike

 

[dragonballzz]

That was this guy named Joe, IIRC he has an acct here but hasn't posted in forever. He eventually got his LTC back after a year or two of bullshit, but I think they restricted it. I want to say it was Dedham as the issuing authority, and it happened in Quincy, or vice versa. He was carrying pizzas or something and his jacket blew open and revealed his holstered gun, then the LEO pinged him and then ratted on him a few minutes later to his issuing authority.

FWIW that incident happened pre-Simkin so depending on circumstances it might not end up the same way.

The other pre-simkin incident that comes to mind is the Springfield lawyer wearing a suit and sort of OCing a 1911. (he had a shoulder holster or something, wind blew open his jacket and someone spotted him- An overzealous springfield cop jammed him in a cop car and stole his gun and LTC, but did not arrest him. Eventually he took them to court and got his gun and LTC back but I'm not sure what the venue of that was or how he pulled it off. Nobody here
knows the guy. (but the story ended up in the telegram or something at the time).

-Mike

Damn...

 

[Rob Boudrie]

An overzealous springfield cop jammed him in a cop car and stole his gun and LTC, but did not arrest him. Eventually he took them to court and got his gun and LTC back but I'm not sure what the venue of that was or how he pulled it off.

I believe the gun was returned when we went to the PD to pick it up.

The court case was his federal suit arguing that his presentation of an LTC was primia facia evidence we was licensed to carry. The court disagreed, and concluded the cop acted properly confiscating the gun until the LTC validity could be verified. His LTC was not suspended/revoked, and he did not need to sue to get his gun back.

It's amazing how the facts change once a story has been relayed a few dozen times.

http://archive.boston.com/news/loca..._not_violate_lawyers_civil_rights_court_says/

The officer radioed the Police Department to determine whether Schubert had a valid license to carry a gun, said the ruling. But after several minutes without an answer, Stern told Schubert he was free to go but said the lawyer would have to pick up his gun at the police station after authorities verified the license.

The police behavior in this case was in direct contraction to the guidance provided by Commonwealth v. Couture and, despite the police ignoring said precedent, no legal remedy was available.

http://masscases.com/cases/sjc/407/407mass178.html

I would not count on FRB v. Simkin protecting an open carrier. The court could very well find the circumstances of provocative (a word the state would use) open carry is a different matter than disclosing a concealed gun when disrobing for a medical procedure and render a decision most on this list would find unappetizing. As usual, proceed at your own risk.

 

[Zeo]

Who would open carry in Massachusetts ? You would have to be insane to do something like that. And I don't care what the law says, open carry and you can kiss your LTC good-bye.

wrong..

wrong..

and guess what ? mostly wrong again.

 

[Chevy 2 65]

 

[whacko]

Are you sure though? Wiki says this:

An individual with a Class A unrestricted license to carry firearms does not have to conceal a handgun in public. Moreover, in 2013, the Massachusetts Supreme Judicial Court ruled that you are not responsible for alarm caused to others by licensed open-carrying of a handgun, and that your permit cannot be revoked for suitability purposes under these circumstances.[SUP][3][/SUP] If police demand to see your permit, you must produce it as per G.L. c. 140, § 129 (c). Not doing so is probable cause for arrest. Open carry of long guns is prohibited, except while hunting.

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FYI, not planning on doing this, I'm just curious about the legality

Wiki.....LOL.

Don't read the facts young Padawan......This is Massachusetts where your towns chief of police has all the power in the world to pull your permission slip for just about anything. Go ahead and open carry that Roscoe.......When the soccer moms, special snowflakes, or gentle flowers call the PO PO they don't even need to make an arrest on you......And your child can just say you caused a disturbance that warrants me to pull your LTC.

 

[kalash]

Not this again..

 

[jd4444]

The same law that does not exist making it illegal for you to open carry, is the same law that does not exist that allows law enforcement to open carry. Funny how most of them would not look at it like that.

It is also ironic that when someone sees a private citizen legally open carrying they sometimes request that public servants investigate who also happen to be legally open carrying. Again they never seems to look at it like that.

 

[CTpatriot]

Are you sure though? Wiki says this:

An individual with a Class A unrestricted license to carry firearms does not have to conceal a handgun in public. Moreover, in 2013, the Massachusetts Supreme Judicial Court ruled that you are not responsible for alarm caused to others by licensed open-carrying of a handgun, and that your permit cannot be revoked for suitability purposes under these circumstances.[SUP][3][/SUP] If police demand to see your permit, you must produce it as per G.L. c. 140, § 129 (c). Not doing so is probable cause for arrest. Open carry of long guns is prohibited, except while hunting.

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FYI, not planning on doing this, I'm just curious about the legality

I bet dressing in camo or "tactical" jacket/pants with a soft sided form fitting case holding an unloaded rifle gets you jammed up.