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The open carry myth

Rich B

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http://www.ctguntalk.com/smf/concealed-and-open-carry-in-ct/where-not-legal-to-carry/msg36929/#msg36929 said:
Additionally, go ahead and open carry in New Britain and see what that gets you. I guarantee NBPD does not care that open carry is legal (or for that matter technically mandated by their ordinance), you will be ordered to lay face down at gun point if they see you, betting New London is the same way....

How many people here have open carried in New Britain? I know I have.

I even recall people being stopped, educating the police there and going on about their day.

But we have some people in CT who are afraid of their own shadows and they want to perpetuate this silly myth that there is something wrong with OC in CT.
 

USAR-VET

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"we have some people in CT who are afraid of their own shadows and they want to perpetuate this silly myth that there is something wrong with OC in CT".

Exactly Rich. They're too fearful to OC, so they bash those who do. Wasted band width IMO, but always good for a laugh I guess. It's amazing how many of those guys proclaim to be huge 2nd Amendment supporters while at the same time trying to limit OUR rights towards OC. Oh well........:banghead:
 
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Fallschirjmäger

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IF, as claimed, that will be the behavior of that particular police department, then there would seem only two ways to combat it.
1) Establish a pattern of behavior and sue the pants off them, or,
2) Get proned out, laugh with glee and be very cooperative, ask if they're working the next day and tell them they can meet you at the corner of X and Y streets and you can do it all over again....and again...and again... (Whilst also establishing the above mentioned behavior for evidence in court.) If you can get them called 8-10 times a day, and it helps to have one or more cooperative friends, eventually they'll get tired of playing your game. Ask for their cell phone numbers, give them yours, ask them if they want to be pen pals.... in the spirit of cooperation, of course.

Most people, police included, don't like to be made fools of.
 
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brk913

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As the original poster of that message I feel the need to respond to what you folks are saying. First and foremost I do open carry, quite a bit actually and fully support it.

Second this message was a rebuttal to a discussion on the NB ordinance that states you may not conceal a weapon and was taken out of context.

Lastly, I lived in NB for 20 years, I know a lot of police officers there, none of them will admit that OC is legal and are under the impression it is at bare minimum a BOP charge. With the gang activity and crime rate in NB the officers take no "chances" when seeing or responding to a MWAG.

While I have tried to get them to admit they are wrong it seems their departments attitude is arrest now, explain in court later. I assure you again, if a NBPD officer sees you walking around in town you will be stopped, questioned and probably charged. Laugh about it all you want as you have your permit illegally taken, your gun seized and have to go through a ton of BS and spend a bunch of cash to get it all back.

I suggest you look at the tone of your postings about others, it sheds a lot of light on why a lot of people don't like the attitudes of some open carriers. Rather than belittling and ridiculing others and their posts and calling them names (Barney Fife) how about lending your knowledge to the topic without an attitude of superiority.
 

brk913

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IF, as claimed, that will be the behavior of that particular police department, then there would seem only two ways to combat it.
1) Establish a pattern of behavior and sue the pants off them, or,
2) Get proned out, laugh with glee and be very cooperative, ask if they're working the next day and tell them they can meet you at the corner of X and Y streets and you can do it all over again....and again...and again... (Whilst also establishing the above mentioned behavior for evidence in court.) If you can get them called 8-10 times a day, and it helps to have one or more cooperative friends, eventually they'll get tired of playing your game. Ask for their cell phone numbers, give them yours, ask them if they want to be pen pals.... in the spirit of cooperation, of course.

Most people, police included, don't like to be made fools of.

You are 100% correct, police do not like to be made a fool of, however, after the first time when they take your permit and gun you will not be doing it the next day as then they will actually have grounds for an arrest (carrying without a permit, it will not matter that your permit was taken illegally) fact is you will not have one.
 

autosurgeon

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Ah yes the" you will be arrested" line... funny how we hear that too in MI but there hase been only one actual arrest and in that case several people were fired and the OCer got a settlement.

Sent from my Droid Flipside using Tapatalk
 

brk913

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Ah yes the" you will be arrested" line... funny how we hear that too in MI but there hase been only one actual arrest and in that case several people were fired and the OCer got a settlement.

Sent from my Droid Flipside using Tapatalk

Good for the people of MI, however, here in CT it is well know that several people have been unlawfully arrested (including Rich B. above), (no one knows for sure the true number of people who have had to deal with this issue as it has only really come to light in the last few years), no one has been fired or reprimanded and no OC has gotten any money, just had to pay through the nose to "clear their name", some have even had their guns destroyed (Goldberg)....
 

Fallschirjmäger

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My apologies, brk913, I may have missed where the OP said he'd been arrested. Let me read it again.
Hmmm... still not seeing it. Okay... one more try....
Nope, still not there.

I'm going out on a limb here but, if someone is unlawfully arrested then in most states there is recourse that can be taken. I'm assuming the same is true pretty much everywhere?


As an aside, what are CT's laws with regard to the carrying of non-concealable arms, such as rifles, carbines or shotguns? Permits required?
 
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brk913

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My apologies, brk913, I may have missed where the OP said he'd been arrested. Let me read it again.
Hmmm... still not seeing it. Okay... one more try....
Nope, still not there.

I'm going out on a limb here but, if someone is unlawfully arrested then in most states there is recourse that can be taken. I'm assuming the same is true pretty much everywhere?


As an aside, what are CT's laws with regard to the carrying of non-concealable arms, such as rifles, carbines or shotguns? Permits required?

Well, Rich's story of his unlawful arrest is all over these boards, in fact there is a sticky about it, here you go: http://forum.opencarry.org/forums/s...l-Baird-has-been-retained-against-Wallingford

As for long guns in CT, you can carry and tranport them, if carrying in a vehicle they must be unloaded. No permit required.
 

Rich B

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I know a lot of police officers there

Names please, include the date (at least approximate) when they had these conversations with you.

none of them will admit that OC is legal and are under the impression it is at bare minimum a BOP charge. With the gang activity and crime rate in NB the officers take no "chances" when seeing or responding to a MWAG.

And yet, that has not been the behavior of them anytime any of us have OCed in New Britain. Some 'tough guy' talk by police officers does not equate to reality.

While I have tried to get them to admit they are wrong it seems their departments attitude is arrest now, explain in court later.

That is fine, that does not equate to 'proning people out'. Nor does an arrest mean anything. An arrest for BOP for OCing in this state is only likely to bring trouble for the department.

I assure you again, if a NBPD officer sees you walking around in town you will be stopped, questioned and probably charged.

And yet, this isn't happening. I OC in New Britain, I have walked by many officers, never had an issue.

Laugh about it all you want as you have your permit illegally taken, your gun seized and have to go through a ton of BS and spend a bunch of cash to get it all back.

Since Goldberg, when has this happened in Connecticut?

I suggest you look at the tone of your postings about others, it sheds a lot of light on why a lot of people don't like the attitudes of some open carriers. Rather than belittling and ridiculing others and their posts and calling them names (Barney Fife) how about lending your knowledge to the topic without an attitude of superiority.

While I can't necessarily stand up for name calling since it is not allowed here, I can certainly stand up for the 'tone' in this thread, because I started it. The reason I started it was because you are spreading gun shop rumors.

Stating things as fact without data to back them up will definitely get people to call you on your assertions.
 

Rich B

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(carrying without a permit, it will not matter that your permit was taken illegally)

Carrying without a permit is a small infraction.


http://www.cga.ct.gov/2011/pub/chap529.htm#Sec29-37.htm said:
Sec. 29-37. Penalties.

...

(c) Any person violating any provision of subsection (b) of section 29-35 shall have committed an infraction and shall be fined thirty-five dollars.

That being said, if the local police take your permit, they have broken the law. The law provides for a process for revocation and it is in writing via the DPS.

http://www.cga.ct.gov/2011/pub/chap529.htm#Sec29-32.htm said:
Sec. 29-32. Revocation of permit. Notification. Confiscation. Penalty for failure to surrender permit. (a) For the purposes of this section, "conviction" means the entry of a judgment of conviction by any court of competent jurisdiction.

(b) Any state permit or temporary state permit for the carrying of any pistol or revolver may be revoked by the Commissioner of Public Safety for cause and shall be revoked by said commissioner upon conviction of the holder of such permit of a felony or of any misdemeanor specified in subsection (b) of section 29-28 or upon the occurrence of any event which would have disqualified the holder from being issued the state permit or temporary state permit pursuant to subsection (b) of section 29-28. Upon the revocation of any state permit or temporary state permit, the person whose state permit or temporary state permit is revoked shall be notified in writing and such state permit or temporary state permit shall be forthwith delivered to the commissioner. Any law enforcement authority shall confiscate and immediately forward to the commissioner any state permit or temporary state permit that is illegally possessed by any person. The commissioner may revoke the state permit or temporary state permit based upon the commissioner's own investigation or upon the request of any law enforcement agency. Any person who fails to surrender any permit within five days of notification in writing of revocation thereof shall be guilty of a class C misdemeanor.

Do your New Britain police friends also not understand this law?
 
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Rich B

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Well, Rich's story of his unlawful arrest is all over these boards, in fact there is a sticky about it, here you go: http://forum.opencarry.org/forums/s...l-Baird-has-been-retained-against-Wallingford

In which I was arrested, Wallingford quickly learned there is no such thing as OC == BoP and the let me go, instead trying to tack on a silly charge of disorderly to save face. Even the disorderly charge was immediately dismissed on 'no probable cause'.

I didn't spend a dime defending myself.

Your evidence does not support your assertion.
 

USAR-VET

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Lastly, I lived in NB for 20 years, I know a lot of police officers there, none of them will admit that OC is legal and are under the impression it is at bare minimum a BOP charge. With the gang activity and crime rate in NB the officers take no "chances" when seeing or responding to a MWAG.

Gang activity is NO reason to violate someones right to lawful OC!!


I assure you again, if a NBPD officer sees you walking around in town you will be stopped, questioned and probably charged. Laugh about it all you want as you have your permit illegally taken, your gun seized and have to go through a ton of BS and spend a bunch of cash to get it all back.

Has this happened to ANYONE yet, or just your opinion??


I suggest you look at the tone of your postings about others, it sheds a lot of light on why a lot of people don't like the attitudes of some open carriers. Rather than belittling and ridiculing others and their posts and calling them names (Barney Fife) how about lending your knowledge to the topic without an attitude of superiority.

Sorry if the Barney Fife comment hurt your feelings, BUT you really can't be serious about OUR (OC'ers) attitudes as it's THE CC people who have an issue with OC and make that well known on the 'other' board. Again, we're not afraid of doing something that's perfectly legal here in CT.
 
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Fallschirjmäger

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brk913 said:
Well, Rich's story of his unlawful arrest is all over these boards, in fact there is a sticky about it, here you go: http://forum.opencarry.org/forums/sh...st-Wallingford
In which I was arrested, Wallingford quickly learned there is no such thing as OC == BoP and the let me go, instead trying to tack on a silly charge of disorderly to save face. Even the disorderly charge was immediately dismissed on 'no probable cause'.

I didn't spend a dime defending myself.

Your evidence does not support your assertion.

When the guy you're holding up as an example tells you that you're wrong.....
 
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Alex.EastHartford.

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well written and spoken Rich. like you said its all about facts. it takes one true open carrier (like yourself) to tell others about the truth and facts about open carry. you been there and done that.
 
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MGoduto

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As the original poster of that message I feel the need to respond to what you folks are saying. First and foremost I do open carry, quite a bit actually and fully support it.

Second this message was a rebuttal to a discussion on the NB ordinance that states you may not conceal a weapon and was taken out of context.

Lastly, I lived in NB for 20 years, I know a lot of police officers there, none of them will admit that OC is legal and are under the impression it is at bare minimum a BOP charge. With the gang activity and crime rate in NB the officers take no "chances" when seeing or responding to a MWAG.

While I have tried to get them to admit they are wrong it seems their departments attitude is arrest now, explain in court later. I assure you again, if a NBPD officer sees you walking around in town you will be stopped, questioned and probably charged. Laugh about it all you want as you have your permit illegally taken, your gun seized and have to go through a ton of BS and spend a bunch of cash to get it all back.

I suggest you look at the tone of your postings about others, it sheds a lot of light on why a lot of people don't like the attitudes of some open carriers. Rather than belittling and ridiculing others and their posts and calling them names (Barney Fife) how about lending your knowledge to the topic without an attitude of superiority.


I live in New Britain and have had conversations with several officers (including the late Captain Tuttle. rest his soul) and found them to be unaware of the legality of OC.

In each case, I pointed the officer towards the Department Of Public Safety website and Office of Legislative Research findings and suggested that they'd been the victim of bad information. All three were receptive to what I was saying and I confessed that I'd also been the recipient of the same information regarding OC when I took my permit class.

I generally respect/support the efforts of law enforcement unless they cross the line that seperates 'peace officer' from 'jack-booted thug'. A bogus arrest for breach-of-peace qualifies as jack-booted-thugishness in my view.

I prefer to 'educate' first, before slapping down JBT's.
 

brk913

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I live in New Britain and have had conversations with several officers (including the late Captain Tuttle. rest his soul) and found them to be unaware of the legality of OC.

Thank you or reiterating what I have stated about hard hittin' New Britain, for some reason the hard core OCers of this forum love to kill and rip apart the messenger, Rich, you are asking me for the names of not just random officers but of my friends, one in particular is very adamant in his position no matter what paperwork or proof I show him. BTW all of them were also unaware of the Town Ordinance prohibiting concealed weapons, makes you wonder just who is "teaching them the laws".

Not to change topics but a friend of mine and his wife went to Hamden PD for their pistol permits, they waited the 8 weeks and started calling about the status and were told that it would take another few weeks. My friends pointed out the state statute showing they must receive an answer within 8 weeks and this is what they were told not by one offficer but also a seargent, "That's an old law, nobody follows that anymore." With police officers out there making up there own laws on a daily basis it shows their mentality and what can happen even though the law is on your side.

As I stated in an earlier post, as of right now no one I have heard of has successfully sued a PD for false arrest over an unlawful OC arrest, not that it may not happen soon, and Rich I really hope it does happen for you, the harrassment you received in Wallingford was absolutely wrong. No one truly knows the number of OCers who have lost their permits or been charged, especially prior to this whole issue coming out in the last few years. Remember, it was not to long ago that the BOFPE website stated you needed to keep your gun concealed from view.

Also Rich you state it did not cost you a dime to clear your name, did you not at least have to take a day off from work to appear in court, what about gas to and from court. Even a minor inconvenience like that would be a loss of money for me.

Lastly, we all know that sometimes oficers make it up as they go along, how many permits have been seized by local PD incident to an arrest and sent off to DPS violating the state statute on revocations. I know of more than one. Some got it back others did not.
 

brk913

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Gang activity is NO reason to violate someones right to lawful OC!! .
Never said it was, just telling you the "justification" I was given for what would happen if they respond to MWAG call.




Has this happened to ANYONE yet, or just your opinion??.

Not my opinion, again, it what I was told they would do and have done by the officers themsleves.



Sorry if the Barney Fife comment hurt your feelings, BUT you really can't be serious about OUR (OC'ers) attitudes as it's THE CC people who have an issue with OC and make that well known on the 'other' board. Again, we're not afraid of doing something that's perfectly legal here in CT.

It's not that you hurt my feelings, it is that you do not know me and read part of a post then you lumped me in with a group "that opposes OUR right to open carry" because I reiterated what I have heard from the actual cops on the street and for some reason you think I agree with it, nothing could be further from the truth. I am serious about the attitude, look at your first comment to my post (appears it was edited to remove the name calling):

Exactly Rich. They're too fearful to OC, so they bash those who do. Wasted band width IMO, but always good for a laugh I guess. It's amazing how many of those guys proclaim to be huge 2nd Amendment supporters while at the same time trying to limit OUR rights towards OC. Oh well........:banghead:
If you knew me or even read any of my previous posts on either board you would see that I am exactly the opposite of the person you are describing here. I have never bashed anyone for OC, CC or not carrying at all, I OC myself, not every single day but about 50/50...that being said why would I want to limit OUR right to open carry. You should go over to that other site and read the posting that lead to my statement, it was basically calling the NB town ordinance on CC BS and had nothing to do with perpetuating the myth that something is wrong with OC, although there is something wrong with it, what's wrong is the entire LEO community is not on the same page.
 

Rich B

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Rich, you are asking me for the names of not just random officers but of my friends, one in particular is very adamant in his position no matter what paperwork or proof I show him. BTW all of them were also unaware of the Town Ordinance prohibiting concealed weapons, makes you wonder just who is "teaching them the laws".

You are objecting to me asking for the identity of people who have told you that they will violate rights and the law after being informed of the law?

Abuse under color of law is a federal offense, these officers need to be educated and informed before they make a very serious mistake.

Not to mention we/I hear all the time from people who say an officer told them this or that.

1) Never take legal advice from the police.
2) Those people can never 'remember' who they talked to or have some other reason to hide the name of a public official who has chose to disobey the law.

I for one will not believe someone who asserts that a faceless entity has told them this or that when all solid evidence (people OCing and even being briefly detained in New Britain) points to the contrary.

This forum has a 'cite to authority' rule. I believe that is coming into play here.

Not to change topics but a friend of mine and his wife went to Hamden PD for their pistol permits, they waited the 8 weeks and started calling about the status and were told that it would take another few weeks. My friends pointed out the state statute showing they must receive an answer within 8 weeks and this is what they were told not by one offficer but also a seargent, "That's an old law, nobody follows that anymore." With police officers out there making up there own laws on a daily basis it shows their mentality and what can happen even though the law is on your side.

And did he immediately file an appeal with the BFPE? Did he get the names of the officers involved and get anyone else involved in his defense?

Officers of the law do not make the law and in this state there are legal remedies when they try.

As I stated in an earlier post, as of right now no one I have heard of has successfully sued a PD for false arrest over an unlawful OC arrest, not that it may not happen soon, and Rich I really hope it does happen for you, the harrassment you received in Wallingford was absolutely wrong.

I don't understand how this is relevant. My case involved the officers learning before they booked me that BoP is not a valid charge for OC. Disorderly also fell flat immediately.

Explain what supports your assertion that if you OC you can be charged with BoP.

It seems to me that you are trying to cite anecdotal evidence that police can do whatever they want and charge you for whatever they want. If this is so, what difference does it make if you OC or not? They can just as easily stop, detain, ID and arrest you for anything else that is legal if what you are asserting is true.

Ex: I have never heard of anyone in CT successfully suing the police department for false arrest because they rode a unicycle in public. Clearly no one should ever ride a unicycle in public.

No one truly knows the number of OCers who have lost their permits or been charged, especially prior to this whole issue coming out in the last few years.

I can't prove a negative. But this doesn't mean that you are proving anything with wild speculation and anecdotal evidence. No one here is asserting that no one has ever been in trouble for OC before. But Goldberg's case was the last really bad one we had where the police not only arrested for BoP, but also revoked and destroyed his firearm. Stay in the parameters of the discussion, otherwise you are only building strawmen.

Remember, it was not to long ago that the BOFPE website stated you needed to keep your gun concealed from view.

And this was immediately withdrawn from their website when it was pointed out to them that it carried no power of law and that state law said nothing about firearms needing to be concealed.

I once saw something on a website that said horses can fly, but that holds about the same weight and relevance here.

Also Rich you state it did not cost you a dime to clear your name, did you not at least have to take a day off from work to appear in court, what about gas to and from court. Even a minor inconvenience like that would be a loss of money for me.

What does this have to do with anything? You can be arrested anytime, anywhere and for anything. And you will have to go defend yourself just like I did.

But you are trying to scare people out of legal activity because it might cost them a tank of gas? I don't get that.


Lastly, we all know that sometimes oficers make it up as they go along, how many permits have been seized by local PD incident to an arrest and sent off to DPS violating the state statute on revocations. I know of more than one. Some got it back others did not.

Again, irrelevant. All of those seizures were illegal. I cannot speak for the people involved and why they did not go after the police department about it, but there are cases going on right now that will be tightening this area up.

Again, just because the police got away with violating the law before doesn't mean that citizens have no legal remedies.
 
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