Love the idea that my rights are at the discretion of some yahoo.
You are preaching to the choir in that regard.
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Love the idea that my rights are at the discretion of some yahoo.
I suspect he was referring Simkin v. Commonwealth SJC-11295, in which the MA SJC held that:
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.
Another case that tangentially touches on the subject is Commonwealth v. Couture, where the court held that the mere observation that someone is carrying a gun, absent some other indicator of criminal activity, does not give police reason to believe that a crime is being committed or to stop/detain/search such a person. ...
And there it is. Two days into the new year and already we have our first dumb ass OC thread of 2015.
Wow, your one of those people who popped out knowing everything! Congratulations, met a few tools like you in my life. What questions can I ask, oh yah and what books are ok to read. Anything else YOU don't tolerate. I try searching the forums for my answers but sometimes you can't muddle through it all. Sorry, if I offended you in some way.
Another case that tangentially touches on the subject is Commonwealth v. Couture, where the court held that the mere observation that someone is carrying a gun, absent some other indicator of criminal activity, does not give police reason to believe that a crime is being committed or to stop/detain/search such a person.
This case is, for all practical purposes, ignored in the field, but it may provide the basis for a defense in some very limited circumstances. I remember the Boston PD stating that they were not changing any practices as a result of the decision.
Good info here. I always thought open carry in MA wasn't legal.
I thought, in MA, if LEO asks to see your LTC, you must show it. I could foresee a situation where an open carrier is confronted by a (e.g.) street cop. Cop sees gun. Asks for ID/LTC. Carrier must produce LTC. But according to everything else here, there's no other reason for the officer to detain or otherwise report him, correct?
This is an interesting question. I'm far from an expert on MA laws, besides IANAL.
Taking a strictly constitional approach, even if a LEO sees you carrying, that doesn't provide adequate "probable cause" to believe that you are carrying illegally. In a strictly constitional sense he would not be allowed to demand to see "your papers" simply because you are carrying a weapon.
That probably isn't the easiest way to manage the situation, but (excluding MA specific laws) should be technically legal.
MA is NOT part of America. If an officer demands to see your LTC, you MUST hand it over, it is part of the conditions of having the "privilege" of having a LTC (or FID) in MA>
MA is NOT part of America. If an officer demands to see your LTC, you MUST hand it over, it is part of the conditions of having the "privilege" of having a LTC (or FID) in MA>
When I got my license a couple of years ago, I was told by multiple friends of mine (also gun owners) that it was illegal in MA.
Another case that tangentially touches on the subject is Commonwealth v. Couture, where the court held that the mere observation that someone is carrying a gun, absent some other indicator of criminal activity, does not give police reason to believe that a crime is being committed or to stop/detain/search such a person.
This case is, for all practical purposes, ignored in the field, but it may provide the basis for a defense in some very limited circumstances. I remember the Boston PD stating that they were not changing any practices as a result of the decision.
The law: If a police officer demands to see your LTC, you must show it to him.
See the last paragraph:
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section129c
MA is NOT part of America. If an officer demands to see your LTC, you MUST hand it over, it is part of the conditions of having the "privilege" of having a LTC (or FID) in MA>
I try searching the forums for my answers
Really? You couldn't have searched too hard. I just entered OC in the search box and got 500 (the maximum) threads on OCing.
I see that you're new here, believe me, within a year, you too will be tired of all the rehashed OC threads. It has been discussed to death.
Im not looking to have a debate on if it is advisable or not but if it is legal. Does anyone know anybody who does it if it is?
Yet a search of couture and simkin only returned 2 threads in a search, this being one of them, so every one in a while, asking the question again may get you a better answer.
Where in the OP's original post does it mention anything regarding couture or simkin?
agreed, I was familiar with one case but not the otherNo, it doesn't. My point was in all the other open carry threads that a search turned up, none but this and one other mentioned those two cases that are important to know in regards to open carry. So in asking this question for the millionth time, this thread seemed to give slightly more info than the others. So, sometimes it's worth it to ask again.
Put whatever spin you like on it, but the bottom line is that the OP's question has been asked an answered several dozen times.
I'm always up for a good open carry debate as evidently there are still many who think it is illegal
(b) Whoever, upon any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees, possesses an open container