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Thread: OC and Subsequent Loss of LTC

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    Regular Member Irish_Dave's Avatar
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    OC and Subsequent Loss of LTC

    I'm new to this forum and I've had my LTC Class A for about 6 years. I'm very interested in advancing OC here but I'm obviously a little concerned about getting my LTC suspended or revoked as a result. I read that article in the Boston Globe several months ago that quoted the Department of Public Safety's spokesperson saying it was legal for a LTC Class A (no restrictions) to OC, but I've heard that the COP can use this to yank your license. Is this an urban myth or has it really happened and if so what were the results?

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    You must remember that, That sorry excuse for a state, is a "may issue state", There is in the law, a section that refers to a suitable person. The CoP has the ability to pull you license if someone complains about the way you carry your firearm. So though it is lawful to OC, it could also get your license pulled.

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    Regular Member Rich B's Avatar
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    They say this all the time here in CT as well, but I have been OCing for over a year now all over CT. I was even arrested once for OCing and I am now pursuing a federal lawsuit against the police department (my charges were dropped immediately by the state's attorney).

    Never lost my permit.

    YMMV

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    Newbie cato's Avatar
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    Don't be a martyr in areas of the law which are not yet officially court protected such as OC in your state. Otherwise you risk potentially going years without the ability to lawfully carry. This will all get adjudicated eventually.

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    Quote Originally Posted by cato View Post
    Don't be a martyr in areas of the law which are not yet officially court protected such as OC in your state. Otherwise you risk potentially going years without the ability to lawfully carry. This will all get adjudicated eventually.
    Actually I think open carying by class A permit holders in Massachussetts would be protected - that is what the license is for, says the legislature.

    For the issuing authority to revoke a license merely because the holder uses the license as intended by the legislature would likley be held to be an abuse of discretion; stange as it might seem, once a discretionary license is issued, it creates a property right triggering due process rights.

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    In MasSuckchusetts if you lose your LTC, you surrender ALL your firearms and All Ammo and Components.

    It is not like most other states where you don't need a license to own.

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    So for you guys its one license to own and carry either concealed or unconcealed?

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    Quote Originally Posted by Mike View Post
    Actually I think open carying by class A permit holders in Massachussetts would be protected - that is what the license is for, says the legislature.
    The same legislature that gave the issuing authority the power to revoke any time one is found to not be a "suitable person"?

    A permit holder in MA who wants to OC needs to drive north across the state line. Any state line -- all of northern New England is OC friendly.

    As has already been said, this is probably not the hill where you want to plant your flag in Mass. The courts tend to be even less gun-friendly than the police.

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    Regular Member Gunslinger's Avatar
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    Don't cross into RI, CT or NY, however...local municipalities may in fact have laws that prohibit OC--even with a Class A. There is no state law against it, but the KGB inspired 'disorderly conduct" can easily be played in slave states. And there is no preemption in the PDR of Taxachusettes. I had no problem OCing in Norfolk; Brighton or Brookline would be another story.
    Last edited by Gunslinger; 04-27-2011 at 12:31 PM.

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    Regular Member snatale42's Avatar
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    Quote Originally Posted by Irish_Dave View Post
    I'm new to this forum and I've had my LTC Class A for about 6 years. I'm very interested in advancing OC here but I'm obviously a little concerned about getting my LTC suspended or revoked as a result. I read that article in the Boston Globe several months ago that quoted the Department of Public Safety's spokesperson saying it was legal for a LTC Class A (no restrictions) to OC, but I've heard that the COP can use this to yank your license. Is this an urban myth or has it really happened and if so what were the results?
    The State Police have confirmed on many occasions that it IS legal to OC....BUT you'll still have issues if you do. If you really want to get that ball rolling organize an OC event. Make sure it's on private property make it a BBQ or something. Do this on a trial run, if you can get a lot of people to show schedule another one and tip off the media about it. This way you get some (hopefully) positive press that people can be together openly carrying guns and nobody will die. I live in VA now and there's TONS of OC cookouts, breakfasts, dinners etc. Hopefully in the next couple months I'll be applying for my non-res LTC-A. If it's doesn't get T&H'd I'll do it with you. If you want some really good idea's check out the VCDL It's the VA version of GOAL, but there better at what they do, GOAL kind of has the politically correct way of asking for peoples rights back, where VCDL kicks down the door and demands!

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    Regular Member Irish_Dave's Avatar
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    Thanks for the info. I am definitely interested in being involved in organizing an OC event down the road. I have been trying to do research regarding LTC suspensions/revocation or criminal charges regarding OC in Massachusetts. Once I have confirmed case law (or confirmed lack there of) I will try to organize an event, most likely in the western part of the state. I just want to make sure I have all the info I can before anything is planned.

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    Quote Originally Posted by Irish_Dave View Post
    Thanks for the info. I am definitely interested in being involved in organizing an OC event down the road. I have been trying to do research regarding LTC suspensions/revocation or criminal charges regarding OC in Massachusetts. Once I have confirmed case law (or confirmed lack there of) I will try to organize an event, most likely in the western part of the state. I just want to make sure I have all the info I can before anything is planned.
    Just wanted to let you know if and when you try to organize an open carry event, I'm in. We can exchange e-mails and get the ball rolling. I'm sick of letting these commies in this state trample on our rights. Its time to stand up for our rights.

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    Regular Member hermannr's Avatar
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    Quote Originally Posted by Daylen View Post
    So for you guys its one license to own and carry either concealed or unconcealed?
    In free America you can OC without a license, you only need a permit to Conceal...Permit to own? Are you kidding me? The constitution (US and WA) are our permit to own.

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    Quote Originally Posted by hermannr View Post
    In free America you can OC without a license, you only need a permit to Conceal...Permit to own? Are you kidding me? The constitution (US and WA) are our permit to own.
    Not in MasSucKchusetts! You need a license to possess components, you know empty casings.
    If you are a reloader, You also need a permit from the fire dept to store powder and primers on your property.

    These laws are too bizzare to make up.

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    Quote Originally Posted by hermannr View Post
    In free America you can OC without a license, you only need a permit to Conceal...Permit to own? Are you kidding me? The constitution (US and WA) are our permit to own.
    I'm sorry; I didn't realise we were talking about free America. I thought the subject pertaining to Massachusetts, not exactly a free state.
    Don't believe any facts that I say! This is the internet and it is filled with lies and untruth. I invite you to look up for yourself the basic facts that my arguments might be based upon. This way we can have a discussion where logic and hints on where to find information are what is brought to the forum and people look up and verify facts for themselves.

  16. #16
    Regular Member xmanhockey7's Avatar
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    Quote Originally Posted by hermannr View Post
    In free America you can OC without a license, you only need a permit to Conceal...Permit to own? Are you kidding me? The constitution (US and WA) are our permit to own.
    Actually in free America you need no license for either. Vermont is the best about it. Arizona second, Alaska third, and Wyoming fourth.
    "No state shall convert a liberty to a privilege, license it, and charge a fee therefor.- Murdock vs Pennsylvania 319 US 105

    ...If the state converts a right into a privelege, the citizen can ignore the license and fee and engage in the right... with impunity.
    - Shuttleworth vs City of Birmingham, Alabama 317 US 262

    Where rights secured by the Constitution are involved, there can be no legislation which would abrogate them.
    - Miranda vs Arizona 384 US 436

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