Open Carry WITHOUT a permit????

[Texasgrillchef]

Somehow, I think the website that has reported this incorrect.

They are saying Massachusetts is an Open Carry WITHOUT a permit. Somehow I am believing that NOT to be true. The reason being that it’s so hard to get a permit to conceal carry for self protection. Being that it is so hard to obtain a permit, I could see many people just say Fk that, and open carrying if it were legal to do so without a permit. Why go through the trouble of getting a permit, if open carry is legal without one.

I have done a search of Massachusetts law and have not found anywhere stating that it is or isn’t legal. However, just because I can’t find it, doesn’t mean it does or doesn’t exist.

If anyone can provide a link, or the code to the law that states that open carry is or isn’t legal, I would be greatly appreciative! Thanks

 

[daekken]

In MA you need an LTC to even possess components.

It sounds like they maybe have old info on NH, which allowed open carry (but not concealed carry) without a NH P&R before we went Constitutional Carry.

That said, while it's not NH-level easy, the MA process isn't that insane in most towns. It's certainly easier than many other places like NYC, NJ, and I believe Maryland. "Comparatively easy" is a poop sandwich, understandably, but just for reference.

 

[ReluctantDecoy]

What website are you quoting for that info? Are they talking about colonial times?

 

[Rob Boudrie]

In MA you need an LTC to even possess components.

It sounds like they maybe have old info on NH, which allowed open carry (but not concealed carry) without a NH P&R before we went Constitutional Carry.

That said, while it's not NH-level easy, the MA process isn't that insane in most towns. It's certainly easier than many other places like NYC, NJ, and I believe Maryland. "Comparatively easy" is a poop sandwich, understandably, but just for reference.

Last I checked 92% of persons licensed to legally own a handgun in MA were licensed to carry concealed. That compares rather favorably to the mentioned states.

 

[appraiser]

who is "they"

Open carry in MA with a LTC may be legal (or not IANAL) but you;d get jammed up for it.

In FL IIRC no open carry is allowed

 

[Twigg]

Open carry of any kind in Ma? Ha! Ha! Ha! Ha! Ha! ...

 

[bfm]

I think it comes down to open carry not being illegal in MA. The flip side of this is that you pretty much need a carry permit to own a pistol at all. In theory, someone with a restricted carry permit, might be legally allowed to carry it openly, but I would not want to be the test case.

 

[allen-1]

who is "they"

Open carry in MA with a LTC may be legal (or not IANAL) but you;d get jammed up for it.

In FL IIRC no open carry is allowed

In a practical sense you're correct. However there are exceptions:

Pursuant to Florida Statute § 790.25(3), there are several instances when the provisions of § 790.06 and § 790.053 do not apply.

For example, § 790.25(3)(h) and (j) allows one to openly carry a weapon to and from hunting, fishing, camping, and the gun range. This means that the travel must be continuous, and no stops can occur on your way to the destination for one of the activities above.

In addition, § 790.25(3)(n) states that one can openly carry a weapon in his/her home or place of business. However, a guest in your home may not lawfully open carry on your property, even with your permission. Any employee can open carry at their place of business, but of course, the business owner may prohibit this and further may prohibit the possession of firearms on their property.

Further, Florida Statute § 790.053(2) allows one to openly carry, for a lawful self-defense purpose, any self-defense chemical spray and any non-lethal stun gun or other on a lethal electric weapon, including a taser. However, you still cannot have most of these weapons at schools.

Source: Open Carry Laws in Florida | The Firearm Firm



(h) A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;
Source: Statutes & Constitution :View Statutes : Online Sunshine


And the only reason I know about this is because I regularly read a blog written by a guy who lives in Florida. He covers the "Open Carry" rallies of guys fishing off the bridge.

 

[Sparky123]

Somehow, I think the website that has reported this incorrect.

They are saying Massachusetts is an Open Carry WITHOUT a permit. Somehow I am believing that NOT to be true. The reason being that it’s so hard to get a permit to conceal carry for self protection. Being that it is so hard to obtain a permit, I could see many people just say Fk that, and open carrying if it were legal to do so without a permit. Why go through the trouble of getting a permit, if open carry is legal without one.

I have done a search of Massachusetts law and have not found anywhere stating that it is or isn’t legal. However, just because I can’t find it, doesn’t mean it does or doesn’t exist.

If anyone can provide a link, or the code to the law that states that open carry is or isn’t legal, I would be greatly appreciative! Thanks

There's only one way to find out for sure. Find someone without a LTC, convince the idiot to strap a gun on for all the world to see, and then call the police. And don't forget to let us know how he makes out. On second thought don't worry about that we'll probably read the police report online.

 

[Rickthebear]

As noted above, because something isn't illegal doesn't mean that it's allowed.

@Rob Boudrie:​

"Last I checked 92% of persons licensed to legally own a handgun in MA were licensed to carry concealed."

Is there another type of LTC? Are you referring to a permit to possess in one's home or place of business? Do those still exist?

As MA is "may issue", it generally doesn't pay to push the envelope.

My 2¢.

 

[Rob Boudrie]

See Simkin v. FRB for an interesting take on this, particularly the part about the fact that someone is alarmed by a licensee doing exactly what he is licensed to do is not the licensee's problem.

 

[Waher]

Simple possession of even brass without a permit is a felony in MA.

Helps if you provide a link to whatever website is spewing horseshit.

 

[MisterHappy]

Simple possession of even brass without a permit is a felony in MA.

Helps if you provide a link to whatever website is spewing horseshit.

LTC or FID is OK for brass.

There is no law that "allows" OC in DPRM; there is no law that prohibits OC in DPRM.

Why is there any stuff about Florida laws in the MA sub-forum?

 

[BTSDOG]

 

[mikelawtown]

 

[GaryO]

Let us know how it works out for you.

 

[Uzi2]

View attachment 513623View attachment 513624

I'm considering petitioning the Kentucky legislature to remove Massachusetts from the list of honored carry permits.

 

[DarthRevan]

Somehow, I think the website that has reported this incorrect.

They are saying Massachusetts is an Open Carry WITHOUT a permit. Somehow I am believing that NOT to be true. The reason being that it’s so hard to get a permit to conceal carry for self protection. Being that it is so hard to obtain a permit, I could see many people just say Fk that, and open carrying if it were legal to do so without a permit. Why go through the trouble of getting a permit, if open carry is legal without one.

I have done a search of Massachusetts law and have not found anywhere stating that it is or isn’t legal. However, just because I can’t find it, doesn’t mean it does or doesn’t exist.

If anyone can provide a link, or the code to the law that states that open carry is or isn’t legal, I would be greatly appreciative! Thanks

I’m not laughing at you but the thought of open carry without an LTC just got me for some reason.

 

[Rob Boudrie]

The problem with Simkin is that a lower court could apply it very narrowly and interpret it to apply in necessary interpersonal interactions (in this case, a medical appointment) and not open public display to the masses. The court did not a say "a permit could not be revoked for" but rather "Simkins permit could not be revoked for" (with an implied "under these circumstances"). I have low confidence the SJC (or SMC as may prefer to call it) would take a case where someone tried to use Simkin for open carry in public, especially if they were a dissident.

Look at the MA MJ case - Fletcher v. Hass. Right after the case was heard, the state took the position the ruling applied to those individuals only and did not establish a precedent. It took continued pre$$ure to finally get the state to accept that federal decision was binding precedent.

 

[Rick O'Shea]

A website with wrong info? I would never have believed it,...

 

[p.tice]

As noted above, because something isn't illegal doesn't mean that it's allowed.

@Rob Boudrie:​

"Last I checked 92% of persons licensed to legally own a handgun in MA were licensed to carry concealed."

Is there another type of LTC? Are you referring to a permit to possess in one's home or place of business? Do those still exist?

As MA is "may issue", it generally doesn't pay to push the envelope.

My 2¢.

Rob is referring to the 8% of LTC’s issued with restrictions from the local PD. They can issue a license to carry, but restrict you to target/hunting/sporting use only.

 

[Texasgrillchef]

That’s about what I thought and figured. Not the least bit surprised.

Be interesting to see what effect if any the NY LTC case in front of SCOTUS will have on MA or even Young v Hawaii. While the NY case doesn’t reference open carry or conceal carry, the Young v Hawaii case does. I doubt Young v Hawaii will get a formal hearing by SCOTUS. Currently it’s being held pending the NY case. But just Because it won’t get a formal hearing doesn’t mean SCOTUS can’t still issue an opinion on the case and send it back down to a lower court either. I do believe these cases will have a huge impact on MA, NJ, NYC, MD, HI, CA, RI, DE LTC law, and maybe even some debate on OC and CC.

What I don’t get, is DE. Extremely hard for a resident to get a LTC. Yet they have Permitless open carry, and recognize 3 of my 9 LTC/CCL that I have.

There are only two states left that ban open carry even with a license/permit. Illinois and Florida. South Carolina just went Open Carry on 8-15-2021.

Personally, I foresee both Illinois and Florida getting open carry in the next few years. If not by legislation, then by challenges in the court system. CA is on a county by county basis. Allowed in one county, but maybe not the next.

Seems like most state laws, legally speaking would prefer you to open carry, even though many highly discourage it. Louisiana which has permitless open carry for years, just had a Governor veto a full Permitless constitutional carry bill. Go figure.

 

[Racenet]