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OC and Subsequent Loss of LTC

Irish_Dave

Regular Member
Joined
Apr 16, 2011
Messages
39
Location
Peoples Repulic of MA
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?
 

Rattrapper

Regular Member
Joined
Jul 5, 2008
Messages
218
Location
Swanzey,NH, ,
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.
 

Rich B

Regular Member
Joined
Oct 13, 2009
Messages
2,909
Location
North Branford, Connecticut, USA
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
 

cato

Newbie
Joined
Oct 29, 2006
Messages
2,338
Location
California, USA
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.
 

Mike

Site Co-Founder
Joined
May 13, 2006
Messages
8,706
Location
Fairfax County, Virginia, USA
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.
 

Rattrapper

Regular Member
Joined
Jul 5, 2008
Messages
218
Location
Swanzey,NH, ,
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.
 

Daylen

Regular Member
Joined
Aug 29, 2010
Messages
2,223
Location
America
So for you guys its one license to own and carry either concealed or unconcealed?
 

KBCraig

Regular Member
Joined
Aug 7, 2007
Messages
4,886
Location
Granite State of Mind
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.
 

Gunslinger

Regular Member
Joined
Mar 6, 2008
Messages
3,853
Location
Free, Colorado, USA
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.
 
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snatale42

Regular Member
Joined
Dec 4, 2010
Messages
90
Location
Central VA
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!
 

Irish_Dave

Regular Member
Joined
Apr 16, 2011
Messages
39
Location
Peoples Repulic of MA
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.
 

attackcamel

New member
Joined
Aug 27, 2011
Messages
3
Location
Massahusetts
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.
 

hermannr

Regular Member
Joined
Mar 24, 2011
Messages
2,327
Location
Okanogan Highland
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.
 

Rattrapper

Regular Member
Joined
Jul 5, 2008
Messages
218
Location
Swanzey,NH, ,
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.
 

Daylen

Regular Member
Joined
Aug 29, 2010
Messages
2,223
Location
America
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.
 

xmanhockey7

Regular Member
Joined
Jun 15, 2010
Messages
1,195
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.
 
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