Partial open carry

First, let's layoff the OP. She expressed a visceral and well conditioned reaction (from living in MA) that many people share. Hell, when I see someone carrying, I try to figure out what they're doing. More than anything that's probably because I just naturally try to avoid coming to the attention of the police. We've all made our points, let's be done with ragging on the OP.

Okay, so let's clarify this. You cannot be legally arrested for open carrying absent some other specific specious behavior. Open carry that causes alarm to others is not grounds for arresting someone or for revoking their license. The case law is clear, read FRB v Simkin. Any police officer that arrests someone without having something more substantial that a trumped up disturbing the peace, etc. risks exposing themselves and their agency to civil liability. Sure, you can be (illegally) arrested for open carrying - or for anything else for that matter. However, if you are arrested, you have significant legal recourse available to you. If you carry -- open or concealed -- behave yourself and don't be a dick. Basically what we should all be doing all the time.

Thank you, this is a hugely important point. Open carry is not illegal and is not grounds for a 'Terry Stop'. If you're open carrying (or if you expose your firearm and it comes to the attention of the police), the police cannot ask you for ID. However, they can demand to see your LTC. If you're unwilling to assent to that demand, all bet are off and you're on your own.


Thank you Knuckle Dragger! I have some serious bruises from this post. I'm not the enemy here. I carry too and promote it. Hell, I'm going to take classes to train other women to carry. But in MA, it's unusual to OC, and as a woman it's suspicious when I see it. Believe me, I hate MA regs All I'm saying.
 
First, let's layoff the OP. She expressed a visceral and well conditioned reaction (from living in MA) that many people share. Hell, when I see someone carrying, I try to figure out what they're doing. More than anything that's probably because I just naturally try to avoid coming to the attention of the police. We've all made our points, let's be done with ragging on the OP.

Okay, so let's clarify this. You cannot be legally arrested for open carrying absent some other specific specious behavior. Open carry that causes alarm to others is not grounds for arresting someone or for revoking their license. The case law is clear, read FRB v Simkin. Any police officer that arrests someone without having something more substantial that a trumped up disturbing the peace, etc. risks exposing themselves and their agency to civil liability. Sure, you can be (illegally) arrested for open carrying - or for anything else for that matter. However, if you are arrested, you have significant legal recourse available to you. If you carry -- open or concealed -- behave yourself and don't be a dick. Basically what we should all be doing all the time.

Thank you, this is a hugely important point. Open carry is not illegal and is not grounds for a 'Terry Stop'. If you're open carrying (or if you expose your firearm and it comes to the attention of the police), the police cannot ask you for ID. However, they can demand to see your LTC. If you're unwilling to assent to that demand, all bet are off and you're on your own.

Open carriers, assemble!!!
 
If there was an open carry assembly in Boston it would get SWATed and the legislature would in an emergency midnight session pass a ban on open carrying pistols much like they did to long guns in 1998.
 
Open carriers, assemble!!!
No, let's not! And here's why..... [emphasis added]
If there was an open carry assembly in Boston it would get SWATed and the legislature would in an emergency midnight session pass a ban on open carrying pistols much like they did to long guns in 1998.
At some point there may be a time and place to make a First/Second Amendment statement. We're not there yet and I hope we don't get to that point. The legislature is in no mood to consider new 'gun' bills -- for or against. That could quickly change if some *******s start the open carry movement without a point to protests.
 
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not sure if serious...

let's make everyone modify their behavior because you felt uncomfortable?

new scenario: you. grocery shopping in market basket.

me. grocery shopping in market basket wearing a shoulder holster. glock 19, 2 spare mags. it's of course in my trademark federal agent black.

we both are going for the last 18 pack of bud light. what DO you do, jack?



Shoot you in the pinky toe.
https://www.youtube.com/watch?v=yMiGHGsdikU
NSFW, some language. Eddie Murphy, Harlem Nights, Pinky toe.
 
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http://www.comm2a.org/index.php/calendar-faq/faqs

" The revised statute does not distinguish between concealed carry and open carry, and in fact doesn't mention either by name. A license to carry is just that, a license to carry firearms.*
Many people feel that if they carry a firearm openly on an LTC that their police chief will deem them 'unsuitable' and revoke their LTC.**FRB v. Simkin largely forestalls that possibility:
- See more at: http://caselaw.findlaw.com/ma-supreme-judicial-court/1641408.html#sthash.svMTfWBH.dpufEven


Gee, and lookie who revoked this guys lic..
By letter dated November 13, 2009, bureau director Jason A. Guida informed Simkin that his license was thereby revoked because, on the basis of the information provided to him by McKinnon and the manager of the medical office regarding the incident on November 6, Guida determined that Simkin was no longer a “suitable person” to possess a firearm in Massachusetts - See more at: http://caselaw.findlaw.com/ma-supreme-judicial-court/1641408.html#sthash.svMTfWBH.CJZ8kvIg.dpuf
 
I don't know what part of MA you live in. But I never see it. I conceal carry like many others in MA.
I think you need to realize that criminals dont exactly open carry. Or "partially" open carry as you state. When I see a side arm exposed on someones hip it does not concern me. You think gang bangers walk around with the nines and fotays exposed? If someone is gonna shoot the place up the are either gonna conceal it until they draw and fire or come in blazing and your at your own defenses either way. But a dude calmly walking arpund open carrying? No biggie
 
Gotta give you a big fat no!! Lol!!

I never bashed you, but did ask back in post #23 why either of you were not carrying if you are licensed to do so. I only asked because you made it a point that you were not carrying. If it is none of my business, then so be it.
 
I think you need to realize that criminals dont exactly open carry. Or "partially" open carry as you state. When I see a side arm exposed on someones hip it does not concern me. You think gang bangers walk around with the nines and fotays exposed? If someone is gonna shoot the place up the are either gonna conceal it until they draw and fire or come in blazing and your at your own defenses either way. But a dude calmly walking arpund open carrying? No biggie

How do you know this to be a fact ? Bad guys print and expose just like any other CCWs and are just as careless. Their gun handling skills are frequently unprofessional and unsafe. There are too any number of indicators that can give away whether someone is carrying or not and frequently are the basis for NYPD's famous or infamous stop and frisk policies.

Don't assume that just because a BG is armed he is going to use his roscoe. He's going to buy coffee at Dunks, get gas and go to Market Basket, if he is going to shoot the place up, just because he might be exposing his weapon openly or partially prior to engaging it, is in and itself not a tangible indicator that he is going to use it. Better indicators are other aspects of body language and not the open or partially open display of a firearm. The success of movie theater shootings are in part do to the fact that the pre indicators of the perp cannot be observed. Being aware of your surroundings and being able to read the intentions of the people around you should be first and foremost on your mind at all times.
 
Thank you Knuckle Dragger! I have some serious bruises from this post. I'm not the enemy here. I carry too and promote it. Hell, I'm going to take classes to train other women to carry. But in MA, it's unusual to OC, and as a woman it's suspicious when I see it. Believe me, I hate MA regs All I'm saying.
Its not uncommon for most guys on NES to pile on. Its what they do best... some threads warrant this while others (like yours) do not. I hear what you're saying - If I see some random guy/gal open carrying I'm like "what are they up too?".

With that being said, I'm sure every dude who made a snark comment in this thread would just pass it off as common place with no afterthought that the situation wasn't normal. Because thats what their fingures will type...
 
How do you know this to be a fact ? Bad guys print and expose just like any other CCWs and are just as careless. Their gun handling skills are frequently unprofessional and unsafe. There are too any number of indicators that can give away whether someone is carrying or not and frequently are the basis for NYPD's famous or infamous stop and frisk policies.

Don't assume that just because a BG is armed he is going to use his roscoe. He's going to buy coffee at Dunks, get gas and go to Market Basket, if he is going to shoot the place up, just because he might be exposing his weapon openly or partially prior to engaging it, is in and itself not a tangible indicator that he is going to use it. Better indicators are other aspects of body language and not the open or partially open display of a firearm. The success of movie theater shootings are in part do to the fact that the pre indicators of the perp cannot be observed. Being aware of your surroundings and being able to read the intentions of the people around you should be first and foremost on your mind at all times.
you and i are saying the same thing just in different ways. We both agree that the mere presence of a fire arm on someonea hip is not necessarily an indicator of impending doom. If shits gonna go down its gonna go down.....but a dude open carrying is not a reason to bolt out the door. If you are like me youve already chosen your seat in public forum with visibility and avenue of approach/escape in mind anyway.
 
Its not uncommon for most guys on NES to pile on. Its what they do best... some threads warrant this while others (like yours) do not. I hear what you're saying - If I see some random guy/gal open carrying I'm like "what are they up too?".

With that being said, I'm sure every dude who made a snark comment in this thread would just pass it off as common place with no afterthought that the situation wasn't normal. Because thats what their fingures will type...
really? You know whats in my head? I actually saw a guy open carry a 1911 at an ice cream stand last year in mass. Came to nes to post it and see if the open carrier was a member here! Open carry fire arms dont bother me one bit.
 
you and i are saying the same thing just in different ways. We both agree that the mere presence of a fire arm on someonea hip is not necessarily an indicator of impending doom. If shits gonna go down its gonna go down.....but a dude open carrying is not a reason to bolt out the door. If you are like me youve already chosen your seat in public forum with visibility and avenue of approach/escape in mind anyway.

I buy what your saying 100 percent. I always have an egress and you are correct OC isn't an indicator of anything other than the person might have a gun you wish you owned [smile]

Personally I like the motto of retired USMC General Merritt: "Be polite, be professional and have a plan to kill everyone you meet" in other words be aware of your surroundings, observe what others are doing, don't make waves or call attention to yourself and be civil and courteous. Do this and you should be good to go 99 percent of the time. I think we are on the same sheet.
 
When I can, always sit facing the door. If the OP was situationally aware, she would have seen the van and not been surprised. Sounds like the person got all the way in & next to her before she noticed him & his gun. If he had ill intent, he would have had a big advantage.

I used to only carry "sometimes." I now carry most of the time. And practice situational awareness all the time.
 
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If I offended you, Sig-owner, forgive me. If anyone wants to OC, more power to you. Hopefully, it would be done in a way that shines a positive light on the group. I honestly hope OC creeps up more and more in MA. Baseless fear imposed by conditioning is for animals.
 
Ok, great comments men! Guess I started quite a shit storm. Lol.
i guess there was something lost in the translation. My final comments on this topic.
.

I get what you are saying. We go through our lives mostly oblivious to danger because we live in a pretty civilized society. All of a sudden you see a guy with a gun and you realize how false your sense of security is.

Even though you know on the surface that it's probably just some normal dude, there is that animal part of your brain that thinks "danger". When you are not carrying, it's much worse because you are pretty much at the mercy of the guy with the gun.

My one suggestion is that you carry everywhere and be aware if your surroundings. I guess that's actually two suggestions, but seriously: carry everywhere
 
First, let's layoff the OP. She expressed a visceral and well conditioned reaction (from living in MA) that many people share. Hell, when I see someone carrying, I try to figure out what they're doing. More than anything that's probably because I just naturally try to avoid coming to the attention of the police. We've all made our points, let's be done with ragging on the OP.

Okay, so let's clarify this. You cannot be legally arrested for open carrying absent some other specific specious behavior. Open carry that causes alarm to others is not grounds for arresting someone or for revoking their license. The case law is clear, read FRB v Simkin. Any police officer that arrests someone without having something more substantial that a trumped up disturbing the peace, etc. risks exposing themselves and their agency to civil liability. Sure, you can be (illegally) arrested for open carrying - or for anything else for that matter. However, if you are arrested, you have significant legal recourse available to you. If you carry -- open or concealed -- behave yourself and don't be a dick. Basically what we should all be doing all the time.

Thank you, this is a hugely important point. Open carry is not illegal and is not grounds for a 'Terry Stop'. If you're open carrying (or if you expose your firearm and it comes to the attention of the police), the police cannot ask you for ID. However, they can demand to see your LTC. If you're unwilling to assent to that demand, all bet are off and you're on your own.

Knuckle - I may need to make you wait a day for a citation, but I am 100% sure that I remember some case law being made (I think 2nd Circuit) that said that an openly carried handgun IS grounds for a stop and frisk.

Don

***Edit*** Here it is:
http://www.guns.com/2015/06/16/mich...-initiate-contact-based-solely-on-open-carry/
 
Sig-Owner

PM inbound to you.

There is a lot of bad info being propagated by instructors who do not know the law.

Whenever I make a statement that relates to the law, I provide a citation. Or I flag that I have not provided a citation and ask others to challenge me.
I too was warned about the dreaded Breach of Peace charge for even printing. Even though it was completely wrong, I believed it for years.

That is one thing that is great about the Internet. If someone makes a statement AND provides a citation, then you can look it up yourself and draw your own conclusion.

One other thing that's important when parsing the law is that laws remove freedoms, they don't grant them. So you will never find a law stating that OC is legal. Its legality is borne of the fact that there is not any law prohibiting it.

This can serve as an effective litmus test when discussing the law with people. If a person says or writes "oh yeah, show me the law that says you can Open Carry" for example. They are showing a fundamental ignorance of how laws work in the US and UK (This concept is based on English Common Law)

I hope this helps.

Don

p.s. And since this is in the General category and not Mass Law, I'd like to remind everyone that OC is perfectly legal and safe in CT. If you have a resident or non-resident CT pistol permit, get yourself a retention holster (its the responsible thing to do) and OC for a day. Or casual carry like I described in an earlier post. Nothing removes the fear of printing that new shooters experience like actually carrying something in the open for a few days.

Overview: http://ctcarry.com/Document/Download/4466e880-f27f-4b6e-8bf4-51f1a87d7516

CT State police training doc: http://ctcarry.com/Document/Download/a034b530-1221-425d-a99f-53af710ff219
 
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I grew up in a state where nobody carried except the cops. Even most criminals didn't. That state still issues no carry licenses. Still, when I see someone carrying, either openly or just printing I only think: that's cool!
 
Knuckle - I may need to make you wait a day for a citation, but I am 100% sure that I remember some case law being made (I think 2nd Circuit) that said that an openly carried handgun IS grounds for a stop and frisk.

Don

***Edit*** Here it is:
http://www.guns.com/2015/06/16/mich...-initiate-contact-based-solely-on-open-carry/

A Michigan federal court would be superseded by SJC case law. The current training standard that all MA police officers should be receiving is very specific. They can demand to see a license and they can verify that license. Absent other factors that is their only recourse.

FRB v. Simkin

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 which time he notified the medical assistant that he was carrying concealed weapons and was going to secure them, presumably so that she would not be alarmed. Further, he had disclosed the fact that he was armed immediately prior to disrobing during a previous visit to the same medical office, albeit to a different practitioner, and had received no objection to his behavior either during or after the visit. - See more at: http://caselaw.findlaw.com/ma-supreme-judicial-court/1641408.html#sthash.H0smMbnq.dpuf

My favorite part of the decision is footnote 15:
Simkin vehemently objects to the bureau's contention that he was "heavily armed." He insists that he was "adequately armed,"....
 
Cant remember the last time a crook hit up a dunkin donuts while wearing a mag pouch. I feel like the mag pouch is good prognostic sign.
 
I'm a little worried that the OP felt safer after she saw it was a "Government employee."

Why would you feel safer after seeing a govt employee with a gun?
 
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