Question and debate regarding firearms.

Discussion in 'Ask A Cop' started by Mass422, Oct 21, 2016.

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  1. woodyd

    woodyd MassCops Member

    Late to the party but here's a similar, parallel question to what the OP asked.
    Let's assume that a person is open carrying and no laws have been broken (properly licensed, not on school property, not threatening anyone or committing any other crime). Could the issuing Police Chief suspend the LTC for suitability? MA law makes LTCs may issue not shall issue, and allows the Chief to determine if an applicant is suitable. Could a Chief de facto outlaw open carry in his/her town by suspending the LTCs of persons who open carry?
     
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  2. Mass422

    Mass422 MassCops Member

    2 pennies worth of advice is good advice. Thanks for the input.
     
  3. pahapoika

    pahapoika Subscribing Member

    "Wearing a banana hammock in public is legal too, still doesn't make it a good idea."

    Took my cousin from Europe to the beach one day and he comes out of the bathhouse rock'n a bright yellow Speedo !!! :eek::eek::eek:

    Thankfully that only lasted one day:p
     
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  4. mpd61

    mpd61 Federal Auxiliary Police

    Dicks and guns are related in social norms when speaking of exposure;
    One is Open and Gross Lewdness
    One is Open and Just foolish
    ;)
     
  5. Mass422

    Mass422 MassCops Member

    You bring up some good points here. The only thing that I find confusing and partially why i created this thread is this; example: An otherwise law abiding citizen is openly carrying. Technically, if no laws are broken, the police wouldn't even be making contact with this person. The only reason I could think of (assuming the person is simply going about their day as normal, no criminal activity) where the police would stop and demand to see that person's LTC is if someone calls because there alarmed. Police show up and demand to see that persons LTC becuase someone called the police for "a man walking around with a gun." Valid LTC, no laws are broken, the officers write a report and send the man on his way. Word and or report gets to Chief of police. Massachusetts being a 'may issue' state, the Chief of police writes a letter the the FRB to revoke that person's license for finding that person no longer suitable. That part that I'm confused about is there is case law from the SJC that states causing alarm to others by legally carrying a firearm is meritless and will not make someone unsuitable for an LTC nor can it be used as a reason for revocation. The SJC over rules the Chiefs decision to revoke the license and the license will be reinstated. So even though MA is a may issue state, if carrying whether openly or concealed, lawfully as the license allows, that person can't be deemed unsuitable, or have their LTC yanked. Right?
     
  6. CrackPot

    CrackPot MassCops Member

    There is a subtle point in here. He cannot carry or even have direct possession of his firearm on school property. He IS allowed to have it secured and stored in his car on school property. That is the letter of the law and I can quote it if needed.

    Now unfortunately there are multiple instances of individuals getting arrested for guns stored in cars on school property. Most get dismissed but some have been convicted and held up on appeal. The law is very clear but judges have applied the "but it's guns" doctrine in contradiction to the law.

    MA gun laws are highly convoluted.

    You see a pickup truck with a gun rack driving down the road. It contains one long gun. Is it legal?

    Looking closer it is an unloaded pump shotgun. Legal?

    If it had a trigger lock does that change the answer?

    The answers are yes, yes, and no. Low capacity long guns do not have to be secured when transported, just unloaded. Transport law is different than storage. Also trigger locks have no basis for transport only storage. If the gun was high capacity then it would need to be secured but adding a trigger lock does nothing during transport.

    Best of luck


     
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  7. Mass422

    Mass422 MassCops Member

    Just as an update guys. I was also made aware through tonight's crim law class that although the SJC ruled that causing alarm to others by legally carrying a firearm is meritless and you can not be found unsuitable and have your LTC revoked, there is nothing in place stopping the Chief from applying a "no open carry" restriction to someone's LTC if the Chief wanted to do that.
     
  8. visible25

    visible25 MassCops Member

    Wow this thread has been a wealth of knowledge!! Book marked for future reference
     
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  9. BxDetSgt

    BxDetSgt MassCops Member

    Is carrying a Glock count for number 1?
     
  10. BxDetSgt

    BxDetSgt MassCops Member

    Future Chief in the making. Keep over thinking son, things will soon make sense. PS If you don't at least check the LTC of the guy open carrying you are a fool.
     
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  11. MiamiVice

    MiamiVice MassCops Member

    This thread gives me a headache

    Sent from my SAMSUNG-SM-G930A using Tapatalk
     
  12. Pvt. Cowboy

    Pvt. Cowboy Lemme take a selfie Staff Member

    Since this has been asked and answered... and we really don't want to muddy the waters any further...

    Cowboy hath commenced lockage.
     
    mtc, Goose, MiamiVice and 3 others like this.
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