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Thread: law on opencarry

  1. #1
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    can anyone give law action for opencarry or concealedcarry or are they the same in this state....im licensedtocarry so does that allow both////

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    skippydippy wrote:
    can anyone give law action for opencarry or concealedcarry or are they the same in this state....im licensedtocarry so does that allow both////
    The license is to carry, openly or concealed.

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    Mike wrote:
    skippydippy wrote:
    can anyone give law action for opencarry or concealedcarry or are they the same in this state....im licensedtocarry so does that allow both////
    The license is to carry, openly or concealed.
    I can tell you this much, if you Open Carry in Massachusetts, you better be best friends of, ora close relative of the licensing authority. They will use open carry as a basis for revokation of your license under the bold section below. Poof it's gone, and you can't get it back.

    How do I know this? My brother-in-law is one of the Massachusetts licensing authorities.



    Chapter 140: Section 131. Licenses to carry firearms; Class A and B; conditions and restrictions

    Section 131. All licenses to carry firearms shall be designated Class A or Class B, and the issuance and possession of any such license shall be subject to the following conditions and restrictions:

    (f) A license issued under this section shall be revoked or suspended by the licensing authority, or his designee, upon the occurrence of any event that would have disqualified the holder from being issued such license or from having such license renewed. A license may be revoked or suspended by the licensing authority if it appears that the holder is no longer a suitable person to possess such license. Any revocation or suspension of a license shall be in writing and shall state the reasons therefor. Upon revocation or suspension, the licensing authority shall take possession of such license and the person whose license is so revoked or suspended shall take all actions required under the provisions of section 129D. No appeal or post-judgment motion shall operate to stay such revocation or suspension. Notices of revocation and suspension shall be forwarded to the executive director of the criminal history systems board and the commissioner of probation and shall be included in the criminal justice information system. A revoked or suspended license may be reinstated only upon the termination of all disqualifying conditions, if any.

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    This is very true! I've had my LTC-No Restriction permit for a very long time here in MA. And I know a few police chiefs (the MA LTC issuing authorities). Although there is no law against it, open carry is considered, by all officials I've spoken with, to be a form of "intimidation" to the the general public. You will be stopped, questioned and detained, if you open carry in this state - period. And the odds of you ever being able to C.C. again, is very doubtful. Being "right", in this state, is simply a matter of being "dead right", if you know what I mean! C.C. only, if you know what's good for you. (JMO folks!)

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    How can exercising a right while under license and privelage from the Commonwealth make a person unsuitable? Please ask your brother in law this.

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    They don't need a reason to declare someone unsuitable, it is at their discretion. The local PD decides if you are suitable to possess firearms* and can change their mind and declare you unsuitable.

    * with the exception of low-capacity rifles/shotguns and pepper spray held under a "shall-issue" FID as opposed to a class A or B LTC.

    In Western MA you could probably "get away with it" especially if you are on friendly terms with the local PD but I wouldn't advise trying open carry anywhere in Eastern MA.

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    Ok. Does Massachusetts law define suitability?

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    JUMPMASTER wrote:
    Ok. Does Massachusetts law define suitability?
    Not really:


    (d) Any person residing or having a place of business within the jurisdiction of the licensing authority or any law enforcement officer employed by the licensing authority or any person residing in an area of exclusive federal jurisdiction located within a city or town may submit to such licensing authority or the colonel of state police, an application for a Class A or Class B license to carry firearms, or renewal of the same, which such licensing authority or said colonel may issue if it appears that the applicant is a suitable person to be issued such license, and that the applicant has good reason to fear injury to his person or property, or for any other reason, including the carrying of firearms for use in sport or target practice only, subject to such restrictions expressed or authorized under this section, unless the applicant:

    (i) has, in any state or federal jurisdiction, been convicted or adjudicated a youthful offender or delinquent child for the commission of (a) a felony; (b) a misdemeanor punishable by imprisonment for more than two years; (c) a violent crime as defined in section 121; (d) a violation of any law regulating the use, possession, ownership, transfer, purchase, sale, lease, rental, receipt or transportation of weapons or ammunition for which a term of imprisonment may be imposed; or (e) a violation of any law regulating the use, possession or sale of controlled substances as defined in section 1 of chapter 94C;

    (ii) has been confined to any hospital or institution for mental illness, unless the applicant submits with his application an affidavit of a registered physician attesting that such physician is familiar with the applicant's mental illness and that in such physician's opinion the applicant is not disabled by such an illness in a manner that should prevent such applicant from possessing a firearm;

    (iii) is or has been under treatment for or confinement for drug addiction or habitual drunkenness, unless such applicant is deemed to be cured of such condition by a licensed physician, and such applicant may make application for such license after the expiration of five years from the date of such confinement or treatment and upon presentment of an affidavit issued by such physician stating that such physician knows the applicant's history of treatment and that in such physician's opinion the applicant is deemed cured;

    (iv) is at the time of the application less than 21 years of age;

    (v) is an alien;

    (vi) is currently subject to: (A) an order for suspension or surrender issued pursuant to section 3B or 3C of chapter 209A or a similar order issued by another jurisdiction; or (B) a permanent or temporary protection order issued pursuant to chapter 209A or a similar order issued by another jurisdiction; or

    (vii) is currently the subject of an outstanding arrest warrant in any state or federal jurisdiction.


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    MarkNH wrote:
    They don't need a reason to declare someone unsuitable, it is at their discretion. The local PD decides if you are suitable to possess firearms* and can change their mind and declare you unsuitable.

    * with the exception of low-capacity rifles/shotguns and pepper spray held under a "shall-issue" FID as opposed to a class A or B LTC.

    In Western MA you could probably "get away with it" especially if you are on friendly terms with the local PD but I wouldn't advise trying open carry anywhere in Eastern MA.
    When I lived in western Mass I open carried and "got away with it" til some tenents at the apartment I lived at complained about it so I concealed around there but continued to elsewhere mostly on private property. But I would not advise doing it in any town or city anywhere in the state. I had no issues where I lived because it was way out in the country.

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    In the Peoples Republic of Massachusetts. The Issuance of an LTC class A or B is a may issue by the licensing authority. This is not only for the carrying of hand gun s and large capacity firearms and the feeding devices but includes possession in your home or place of business. Further PRM has a unknown registration system where if your buy a firearm from a dealer they send a report to DPS, and if you do a private transfer you are supposed to fill out an FA 10 and send that to DPS where it is scanned into the database and under your name

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