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Thread: Open carry in Massachusetts

  1. #11
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    Cool

    Open Carry (OC) is legal in MA. The part about OC not allowed in public is a non written commen sence law that we have to deal with in MA.

    I comes down to we have so many non gun liking public officals and police chiefs that it makes it very hard to get a LTC in MA and to go around OCing is just asking for trouble more or less.

    We do not have it easy in MA, gun haters, 10 Lb triggers, 10 round Mags, guns have to pass the AG's list and the list go's on.

    So in short, yes OC is legal, it's just not smart to do in public at this time.

    Hope that helps.
    Last edited by lukem; 12-30-2010 at 11:57 AM.
    "Courage is being scared to death but saddling up anyway" John Wayne

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  3. #12
    Join Date
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    Peoples Republic of MA
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    Open Carry

    I agree with all the posts above.....Do your own research, know the facts, ignorance is not an excuse.

    My concern is not because I want to open carry, it has more to do with printing. A class B license does not allowed concealled carry of a loaded firearm, it does not say you can't carry it open. A class A license is the only one that allows the holder to carry a loaded firearm concealed, again does not say you can not carry open.

    If you carry concealed and you are "Printing" and a scared citizen calls the local LE, you can still be charged with exposing your weapon. This is a statement made by one of my instructors (Retired LEO) as an interpitation of MA law. That continues to be the problem. They way the Peoples Republic of MA like to keep it. As stated above, it is your legal right, just don't use it for fear of prosecution.......Does anyone else have an issue with that !!! I understand the statement to be true and accurate, its just so disapointing.

  4. #13
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    Quote Originally Posted by Millman View Post
    I agree with all the posts above.....Do your own research, know the facts, ignorance is not an excuse.

    My concern is not because I want to open carry, it has more to do with printing. A class B license does not allowed concealled carry of a loaded firearm, it does not say you can't carry it open. A class A license is the only one that allows the holder to carry a loaded firearm concealed, again does not say you can not carry open.

    If you carry concealed and you are "Printing" and a scared citizen calls the local LE, you can still be charged with exposing your weapon. This is a statement made by one of my instructors (Retired LEO) as an interpitation of MA law. That continues to be the problem. They way the Peoples Republic of MA like to keep it. As stated above, it is your legal right, just don't use it for fear of prosecution.......Does anyone else have an issue with that !!! I understand the statement to be true and accurate, its just so disapointing.
    The understanding that I have is that a Class A License is needed for the carry of a firearm in a public way, be it open or concealed. A Class B license will not allow the bearer that privilege.
    So before going any further let me ask 2 LEO contacts that are by far, experts with regard to the gun laws here in MA. One is my FFL dealer and a state police officer, the other is the Lt. in town. He handles all the firearms licenses.

    Also keep in mind that the license is issued with the stipulation that if behavior on the part of the license holder is inconsistent or unsafe, the license can and will be revoked.

    I'll get back to you with answers.
    You can give peace a chance alright..

    I'll seek cover in case it goes badly..

  5. #14
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    Peoples Republic of MA
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    8
    Thank you, I look forward to their interpitation of the law

  6. #15
    Quote Originally Posted by Millman View Post
    Thank you, I look forward to their interpitation of the law
    His contacts can tell him one thing, and going into 5 other towns will get you five other answers.

    I'm licensed for instruction to certify folks for a MA permit, and have gone through the shitter learning it all.

    Here is the whole deal. To answer the OP...

    Hey folks, can I open carry in Massachusetts? Anyone out there try and if so how did if go. I have a concealed carry

    Yes, you can OC in Mass. There is no law preventing it, and there is no law providing for it.

    People like to state that MA is one of the most un-gun-friendly states in the union. To be honest, with all things being equal, MA is more "gun-friendly" than FL, to a degree. Take a licensed CCW from MA and one from FL, and compare the places those two peeps are allowed to carry concealed.

    MA wins hands down on the ease of restrictions for CCW.

    Where this all falls down for MA is the discretionary licensing and suitability clouds that the state has granted each police chief to hang over everyone's head.

    I had a great write-up on another forum about this, in order to allow folks to grasp the convoluted concept of law enforcement in MA, through analogy. It was lengthy, but was exacting in detail. To misunderstand it was to not be able to comprehend basic English. So I'll Cliff's Note it here.

    Take a state of the union. Divide the state into counties. Divide the counties into towns. Grant most counties of the state a police force, and then grant certain incorporated towns/cities their own police force. Fine. Groovy. Whatever.

    In the United State of Sense, Sense has 10 counties. Two people live in the state of Sense, in the county of Cool, the other in the county of Fool. The counties of Cool and Fool has a police force. They have a licensing division, either at the county or state level.

    The two people apply to the Sensible or Foolish County police or the State of Sense's licensing bureau for a CCW.

    The two people have no criminal record, and qualify for the license. They get their CCWs, because the counties of Cool and Fool follow the state guidelines for issuing a license. If it is the state that grants the license, then the county level does not matter one iota.

    ---------------------

    Now we have the state of Ass. The same two people live in the counties of Cool and Fool. Or they live in the same county, it does not matter.

    Because in Crapassachusetts, every town in every county has it's own police force.

    There is no such thing as the "county police" in Taxassachusetts. There is only the county sheriffs, which are irrelevant for this discussion.

    So these two people are living in the county of Fool, in Asstasticachusetts. Person A lives in bullsheet town, and person B lives in shinola town. Their town lines are separated by their street. They live across the street from each other, but are in different towns (but the same county).

    Person A cannot apply to the state or county for his license. He must apply to the bullsheet PD.

    Person B is the same. He must apply to the shinola PD for his license.

    By the way, Person A and B are identical twins.

    The police chief of bullsheet doesn't like the way person A was dressed, or didn't like the way person A glanced at the picture on his desk of the wife and kids. The police chief of bullsheet then denies person A a CCW. Reason for the denial? "In my opinion, person A is not suitable to carry a concealed firearm."

    The police chief of shinola likes the mannerisms of person B, and even though person B had a misdemeanor on his record from 8 years ago, the police chief likes person B. He grants person B a full-bore unrestricted CCW.

    Yes, that is correct. There is absolutley no guideline on the books of the MGL defining what criteria a police chief may use in determining "suitability to CCW". It is up to their own discretion, and are given infinite latitude and are the judge and jury for applicants.

    There is a judicial appeal process if one feels they were denied or restricted unfairly, but you had better have a lot of money and time to be able to succeed in that regard.

    It gets even better.

    Since MA has no law specifically allowing or denying open carry, a simple imprint or accidental exposure due to the wind lifting up a skirt can land you in jail, because based upon the local police chief's discretionary allowance, you can be charged with assault with a deadly weapon if someone sees your weapon and gets scared.

    Yes, you can go to jail because nature flipped open your jacket. And both the police chief in the town you were incarcerated, and the town in which your license was issued, can use that arrest as grounds for finding you "unsuitable" to continue to be licensed to CCW. They can revoke it, just like that. And when that happens, all the guns and ammo in your home are confiscated as well.

    And once you have had your license revoked, for whatever reason, in Assholachusettes, it could burn you for life, since practically every state in the union that issues licenses for CCW has as a question on the application, "Have you ever held a CCW in this or any other state that was revoked, or had an application for said license denied? If so, please explain below."

    So you see, it would behoove you to just keep your piece to yourself and not risk it in Massaholyhell. If you are licensed to CCW, then CC. In MAMAfuggeradiketts, a simple mistake could mess up your rights in the rest of the country.

    That's my opinion and I'm sticking to it.

    For reference, seek M.G.L. Chapter/Sections 129, 140,141, 269, 1,002,0068 and pretty much the rest of your toilet paper, after you have wiped with it.

  7. #16
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    Quote Originally Posted by HooVooLoo View Post
    His contacts can tell him one thing, and going into 5 other towns will get you five other answers.

    I'm licensed for instruction to certify folks for a MA permit, and have gone through the shitter learning it all.

    Here is the whole deal. To answer the OP...

    Hey folks, can I open carry in Massachusetts? Anyone out there try and if so how did if go. I have a concealed carry

    Yes, you can OC in Mass. There is no law preventing it, and there is no law providing for it.

    People like to state that MA is one of the most un-gun-friendly states in the union. To be honest, with all things being equal, MA is more "gun-friendly" than FL, to a degree. Take a licensed CCW from MA and one from FL, and compare the places those two peeps are allowed to carry concealed.

    MA wins hands down on the ease of restrictions for CCW.

    Where this all falls down for MA is the discretionary licensing and suitability clouds that the state has granted each police chief to hang over everyone's head.

    I had a great write-up on another forum about this, in order to allow folks to grasp the convoluted concept of law enforcement in MA, through analogy. It was lengthy, but was exacting in detail. To misunderstand it was to not be able to comprehend basic English. So I'll Cliff's Note it here.

    Take a state of the union. Divide the state into counties. Divide the counties into towns. Grant most counties of the state a police force, and then grant certain incorporated towns/cities their own police force. Fine. Groovy. Whatever.

    In the United State of Sense, Sense has 10 counties. Two people live in the state of Sense, in the county of Cool, the other in the county of Fool. The counties of Cool and Fool has a police force. They have a licensing division, either at the county or state level.

    The two people apply to the Sensible or Foolish County police or the State of Sense's licensing bureau for a CCW.

    The two people have no criminal record, and qualify for the license. They get their CCWs, because the counties of Cool and Fool follow the state guidelines for issuing a license. If it is the state that grants the license, then the county level does not matter one iota.

    ---------------------

    Now we have the state of Ass. The same two people live in the counties of Cool and Fool. Or they live in the same county, it does not matter.

    Because in Crapassachusetts, every town in every county has it's own police force.

    There is no such thing as the "county police" in Taxassachusetts. There is only the county sheriffs, which are irrelevant for this discussion.

    So these two people are living in the county of Fool, in Asstasticachusetts. Person A lives in bullsheet town, and person B lives in shinola town. Their town lines are separated by their street. They live across the street from each other, but are in different towns (but the same county).

    Person A cannot apply to the state or county for his license. He must apply to the bullsheet PD.

    Person B is the same. He must apply to the shinola PD for his license.

    By the way, Person A and B are identical twins.

    The police chief of bullsheet doesn't like the way person A was dressed, or didn't like the way person A glanced at the picture on his desk of the wife and kids. The police chief of bullsheet then denies person A a CCW. Reason for the denial? "In my opinion, person A is not suitable to carry a concealed firearm."

    The police chief of shinola likes the mannerisms of person B, and even though person B had a misdemeanor on his record from 8 years ago, the police chief likes person B. He grants person B a full-bore unrestricted CCW.

    Yes, that is correct. There is absolutley no guideline on the books of the MGL defining what criteria a police chief may use in determining "suitability to CCW". It is up to their own discretion, and are given infinite latitude and are the judge and jury for applicants.

    There is a judicial appeal process if one feels they were denied or restricted unfairly, but you had better have a lot of money and time to be able to succeed in that regard.

    It gets even better.

    Since MA has no law specifically allowing or denying open carry, a simple imprint or accidental exposure due to the wind lifting up a skirt can land you in jail, because based upon the local police chief's discretionary allowance, you can be charged with assault with a deadly weapon if someone sees your weapon and gets scared.

    Yes, you can go to jail because nature flipped open your jacket. And both the police chief in the town you were incarcerated, and the town in which your license was issued, can use that arrest as grounds for finding you "unsuitable" to continue to be licensed to CCW. They can revoke it, just like that. And when that happens, all the guns and ammo in your home are confiscated as well.

    And once you have had your license revoked, for whatever reason, in Assholachusettes, it could burn you for life, since practically every state in the union that issues licenses for CCW has as a question on the application, "Have you ever held a CCW in this or any other state that was revoked, or had an application for said license denied? If so, please explain below."

    So you see, it would behoove you to just keep your piece to yourself and not risk it in Massaholyhell. If you are licensed to CCW, then CC. In MAMAfuggeradiketts, a simple mistake could mess up your rights in the rest of the country.

    That's my opinion and I'm sticking to it.

    For reference, seek M.G.L. Chapter/Sections 129, 140,141, 269, 1,002,0068 and pretty much the rest of your toilet paper, after you have wiped with it.
    You seem angry?

    Yup, that pretty much sums up what my response was going to be.

    My sources are:
    1. The local police lieutenant who interviewed me and handled all my LTC A paperwork. He is most knowledgeable regarding the laws here in Massaholyhell, Assholachusettes, and most all the counties of MAMAfuggeradiketts..

    2. My dealer, who is a FFL holder and NRA certified/MA licensed for instruction here in this cesspool of confusing and convoluted gun laws that is Assholachusettes. He is also a state police officer in MA.

    The lengthy and descriptive narrative written above in the quote, is as close a recreation of the discussions had with both sources as can be...

    Yup, it sucks here for the law abiding gun owner. Keep it concealed and remember, a Class B license to carry firearms does not allow the license holder to carry firearms loaded on person openly nor concealed..

    Good luck...
    You can give peace a chance alright..

    I'll seek cover in case it goes badly..

  8. #17
    Quote Originally Posted by theicemanmpls View Post

    IMO, I don't know why anyone would want to open carry.
    And I don't know why some people think this kind of comment is called for on an OC forum...

    Or, for that matter, why those people even feel the need to participate in an OC forum.

  9. #18
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    Quote Originally Posted by PaxMentis View Post
    And I don't know why some people think this kind of comment is called for on an OC forum...

    Or, for that matter, why those people even feel the need to participate in an OC forum.
    The poster you quoted was banned some time ago. His opinions expressed here were less then appreciated and less than intelligent, the mark of a true liberal... Good riddance... He was not a friend of the Constitution nor the Bill of Rights.. Anyway...

    Let each man/woman decide how it is they go about their business and express & exercise their God Given Right. As long as that man/woman does not infringe on the rights of others they shall be tolerated.

    Now, if we could get the brainwashed liberals here in MA to read the Bill of Rights and stop trying trying to re-write it, open carry here would not be an issue.
    You can give peace a chance alright..

    I'll seek cover in case it goes badly..

  10. #19
    Quote Originally Posted by 6shootercarry View Post
    The poster you quoted was banned some time ago. His opinions expressed here were less then appreciated and less than intelligent, the mark of a true liberal... Good riddance... He was not a friend of the Constitution nor the Bill of Rights.. Anyway...

    Let each man/woman decide how it is they go about their business and express & exercise their God Given Right. As long as that man/woman does not infringe on the rights of others they shall be tolerated.

    Now, if we could get the brainwashed liberals here in MA to read the Bill of Rights and stop trying trying to re-write it, open carry here would not be an issue.
    I guess if I were not on my first cup of coffee this morn when I read that I might have noted the "Banned" under his name and the date of the post...but then again, maybe not.

    Early in my career, I spent 6 years with the MSP followed by not quite 3 with the DOC there...in the Dukakis years. Got an offer from the feds and couldn't pack quickly enough to suit me...


  11. #20
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    Quote Originally Posted by PaxMentis View Post
    I guess if I were not on my first cup of coffee this morn when I read that I might have noted the "Banned" under his name and the date of the post...but then again, maybe not.

    Early in my career, I spent 6 years with the MSP followed by not quite 3 with the DOC there...in the Dukakis years. Got an offer from the feds and couldn't pack quickly enough to suit me...

    Amen... It's been hell here with all the laws and restrictions. With the re-election of Devil Patrick and that D****E Nozzle Martha Croakley, things are sure to get worse. H 4102 was proposed earlier this year to restrict the purchase of firearms to 1 per 30 day period and remove the right of the people to privately transfer ownership of registered firearms via the FA-10 form. This state is becoming communist never mind a socialist cesspool..
    You can give peace a chance alright..

    I'll seek cover in case it goes badly..

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