The BOP statute has bothered me for a long time, I would like Lawler to read it again and explain to me how a permit holder can be charged with BOP even if someone has a panic attack over it. The statute reads:
Sec. 53a-181. Breach of the peace in the second degree: Class B misdemeanor. (a) A person is guilty of breach of the peace in the second degree when, with intent to cause inconvenience, annoyance or alarm, or recklessly creating a risk thereof, such person: (1) Engages in fighting or in violent, tumultuous or threatening behavior in a public place; or (2) assaults or strikes another; or (3) threatens to commit any crime against another person or such other person's property; or (4) publicly exhibits, distributes, posts up or advertises any offensive, indecent or abusive matter concerning any person; or (5) in a public place, uses abusive or obscene language or makes an obscene gesture; or (6) creates a public and hazardous or physically offensive condition by any act which such person is not licensed or privileged to do. For purposes of this section, "public place" means any area that is used or held out for use by the public whether owned or operated by public or private interests.
(b) Breach of the peace in the second degree is a class B misdemeanor.
OK, so let's say I have intent (as that is the main precursor to being charged under this statute), what other part am I violating? The only part that could possibly apply to an openly carried firearm is section 6 "a public and hazardous or physically offensive condition by any act which such person is not licensed or privileged to do." Am I not licensed to carry a firearm? Does that not explicitly exempt me from being charged under this statute? I have asked this of many people and most agree in the end a Pistol Permit is your license to create such a situation.