Rich B
Regular Member
Received this today:
My reply:
Bruce Gallup said:It would seem that my stance on concealed carry isn't too far fetched after all.
http://www.ctnewsjunkie.com/ctnj.ph...owners_to_carry_weapons_openly..._technically
My reply:
Rich B said:I don't think it is unfair for me to expect you or Mr Lawlor to read the actual statute being cited, but it appears neither of you is willing to.
Here is the statute for breach of peace which we would have to assume he is making reference to:
From: http://www.cga.ct.gov/2011/pub/chap952.htm#Sec53a-181.htm
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.
When we break this down, we have (a) which says BoP occurs when you intend to create annoyance or alarm by one of the following:
Fighting or being violent or threatening. (Obviously does not apply)
Assaults or strikes another. (Same)
Threatens to commit any crime (Same)
Uses abusive or obscene language (Same)
And then there is the last clause which I would argue also does not apply, but even if it one argues that it does apply (a serious stretch), a CT pistol permit clearly 'licenses and privileges' someone in possession of the permit to open carry. Both clauses have to be proven, neither would hold up in court.
In the interest of another opinion, here is the state's opinion on the matter:
Conduct = Fighting, being violent or threatening
http://www.jud.ct.gov/JI/criminal/part8/8.4-2.htm
Conduct = Assaults or strikes another person
http://www.jud.ct.gov/JI/criminal/part8/8.4-3.htm
Conduct = Threatening
http://www.jud.ct.gov/JI/criminal/part8/8.4-4.htm
Conduct = Uses abusive or obscene language
http://www.jud.ct.gov/JI/criminal/part8/8.4-5.htm
Conduct = Creating a hazardous condition
http://www.jud.ct.gov/JI/criminal/part8/8.4-7.htm
I would have never thought I would see the day that I saw a NRA instructor citing and agreeing with Lawlor. If that is something you are proud of, I have no way to help you. It is your choice to be on the side which is wrong.
Mr. Lawlor has a politically motivated reason to deceive the public. What is your excuse?
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Rich Burgess
Ph: 203.208.9577