209
Member
I was afraid I may hijack the one on the CO OC question, so I figured it would be proper to start another one which is kind of on topic, but strays from that OP.
Since the question of being arrested for OC'ing came up, and I said you'd run afoul of the law in CT, I quickly did some research to make sure I was right. I "knew" people in CT could be arrested for Breach if they failed to conceal their handgun, but had never bothered to keep track of those incidents so I had to check for a cite. The one I found led to another issue which is a possible changing of the law. If nothing else, it provides an insight into actually questioning the law and the possible outcome of doing so.
1. First, we have this. Basically it’s the canned answer to the question of whether or not a pistol permit holder in CT has to conceal their gun.
Kind of an ambiguous answer isn’t it?
http://www.ctpistolsafety.com/wst_page5.html
From their FAQs:
If I decide to carry a gun on my person for self-defense, am I required to conceal the gun?
There is no law in Connecticut mandating the gun be carried concealed, HOWEVER, it is stated that if it is carried in plain view, and it causes complaint or alarm, your permit to carry can be jeopardized. For this reason it is recommended any firearms be carried concealed and out of plain view.
I bolded that plain view and alarm part. A pistol permit holder isn’t arrested for allowing his gun to show, per se. He is arrested for “Breach of Peace”.
2. See this link which is a copy of a “Memorandum in Support of Motion To Dismiss” a Breach of Peace charge against a pistol permit holder.
http://www.ourrockyhill.com/Goldberg.Files/Memo.1.htm
In that case, the defendant asked for clarification of the law, obviously hoping for a dismissal of charges and at the same time, he was evidently hoping for some case law which would decide the issue once and for all.
3. The answer by our leaders in Hartford was to propose a change the law so it says what they want it to say. You have to understand that CT isn't exactly a utopia for gun rights.
Below is a proposed change to the CGS. I’m not sure where this bill is in the legislative works, but I think it's in the Public Safety Committee. Who knows if it'll see the light of day. But, if and I bet when it passes, it will be illegal to not conceal a handgun in CT. I believe the proposed violation will be a misdemeanor.
http://www.cga.ct.gov/2009/TOB/H/2009HB-06457-R00-HB.htm
(c) (1) Any person carrying a pistol or revolver upon his or her person in accordance with the provisions of this section, shall conceal such pistol or revolver. (2) The provisions of this subsection shall not apply to the carrying of any pistol or revolver by any parole officer or peace officer of this state, or parole officer or peace officer of any other state while engaged in the pursuit of official duties, or federal marshal or federal law enforcement agent, or to any member of the armed forces of the United States, as defined in section 27-103, or of this state, as defined in section 27-2, when on duty or going to or from duty.
So we had someone seeking a clearer law and Hartford is attempting to accommodate them by making a bad law worse. :banghead:
FYI- for all of you firearms instructors in CT, there is some legal language in this bill regarding requirements for firearms instruction. I haven’t deciphered it yet, so I can’t say what changes it makes. Might be of interest to some of you.
Since the question of being arrested for OC'ing came up, and I said you'd run afoul of the law in CT, I quickly did some research to make sure I was right. I "knew" people in CT could be arrested for Breach if they failed to conceal their handgun, but had never bothered to keep track of those incidents so I had to check for a cite. The one I found led to another issue which is a possible changing of the law. If nothing else, it provides an insight into actually questioning the law and the possible outcome of doing so.
1. First, we have this. Basically it’s the canned answer to the question of whether or not a pistol permit holder in CT has to conceal their gun.
Kind of an ambiguous answer isn’t it?
http://www.ctpistolsafety.com/wst_page5.html
From their FAQs:
If I decide to carry a gun on my person for self-defense, am I required to conceal the gun?
There is no law in Connecticut mandating the gun be carried concealed, HOWEVER, it is stated that if it is carried in plain view, and it causes complaint or alarm, your permit to carry can be jeopardized. For this reason it is recommended any firearms be carried concealed and out of plain view.
I bolded that plain view and alarm part. A pistol permit holder isn’t arrested for allowing his gun to show, per se. He is arrested for “Breach of Peace”.
2. See this link which is a copy of a “Memorandum in Support of Motion To Dismiss” a Breach of Peace charge against a pistol permit holder.
http://www.ourrockyhill.com/Goldberg.Files/Memo.1.htm
In that case, the defendant asked for clarification of the law, obviously hoping for a dismissal of charges and at the same time, he was evidently hoping for some case law which would decide the issue once and for all.
3. The answer by our leaders in Hartford was to propose a change the law so it says what they want it to say. You have to understand that CT isn't exactly a utopia for gun rights.
Below is a proposed change to the CGS. I’m not sure where this bill is in the legislative works, but I think it's in the Public Safety Committee. Who knows if it'll see the light of day. But, if and I bet when it passes, it will be illegal to not conceal a handgun in CT. I believe the proposed violation will be a misdemeanor.
http://www.cga.ct.gov/2009/TOB/H/2009HB-06457-R00-HB.htm
(c) (1) Any person carrying a pistol or revolver upon his or her person in accordance with the provisions of this section, shall conceal such pistol or revolver. (2) The provisions of this subsection shall not apply to the carrying of any pistol or revolver by any parole officer or peace officer of this state, or parole officer or peace officer of any other state while engaged in the pursuit of official duties, or federal marshal or federal law enforcement agent, or to any member of the armed forces of the United States, as defined in section 27-103, or of this state, as defined in section 27-2, when on duty or going to or from duty.
So we had someone seeking a clearer law and Hartford is attempting to accommodate them by making a bad law worse. :banghead:
FYI- for all of you firearms instructors in CT, there is some legal language in this bill regarding requirements for firearms instruction. I haven’t deciphered it yet, so I can’t say what changes it makes. Might be of interest to some of you.