Connecticut and open carry

[lessthan0]

I live in CT and found out it IS not against the law to open carry in CT. However I was also told that it is virtually impossible due to the fact that LEO's will arrest you under the pretence that you are disturbing the peace.

Has anyone had a experience with open carry in CT?

 

[Eagle2009]

Assuming you don't have a Connecticut permit, it is also virtually impossible for you to carry in any populated area without violating the Federal Gun Free School Zones Act. Violation is a felony, punishable by 5 years in federal prison, and the loss of your right to own a firearm for life.

 

[lessthan0]

I do have a CCP.

 

[Kalamity023]

There is a CT OC advocacy group, they stage events and such. There are only 2 places in the state where I OC. My House and the range. In this state you save yourself a lot of hassle by CCing. You may be arrested in this state if you OC even with a permit. The way I read the law is that you are legal to carry in a manner that does not cause for alarm. OCing where OC is not the norm may not result in anything or it could result in a charge. I'm not taking that chance.

 

[BIGJOHN621]

You cannot possess a handgun outside your home or owned place of business, even on your property, without a permit. Transport is also restricted to match the FOPA laws. There is no open carry without a permit. If you listen to the Board of Firearm Permit Examiners, who issue and revoke the permits, there is no open carry at all.

That being said, the old CCW application package stated that "great care should be taken when carrying your firearm because if discovery or exposure causes a public panic, arrest should be expected". This is no longer printed in the application packet, but is still widely practiced by the towns and cities. There is no AG opinion on this from the OLR yet.

CT has a "breach of peace" statute that is so wide ranging, anything can be construed as breach of peace. The towns still practice this and will arrest you if they are called because your gun is seen.

There is a you tube recording from a pool hall in Wallingford where a man was open carrying at the pool hall and a worker at the pool hall called the police. Make a long story short, they were searching for a charge and the sergeant came up with breach of peace. This is despite an internal memo in the Wallingford PD stating that open carry is legal.

The state may pass legislation to ban it, or the movement may make it common place. The bottom line is that unless you want to be a test case, don't try it. If you don't mind the arrest and wish to push the envelope, good luck. Just understand that CT is a may issue state and they will pull your permit and they won't give it back, and don't have to according to state law.

 

[lessthan0]

I don't want to be the test case, nor can I afford to be.

I'll keep it under wraps! :fie:

 

[Bill Powell]

It is legal to OC in Connecticut and All Police Dept in the state have been notified by DESPP that it is legal. Go to Connecticut Citizens Defense League Web site and check it out.

 

[BIGJOHN621]

It is legal to OC in Connecticut and All Police Dept in the state have been notified by DESPP that it is legal. Go to Connecticut Citizens Defense League Web site and check it out.

There was never any doubt that OC is legal in Connecticut, it just isn't prudent to do. These memos to the local departments have been circulating for years and have never gotten anywhere because the state or any municipality has never lost a big lawsuit and has never been made to pay for their violation of someone's rights.

The breach of peace statute is enforced against open carriers. Now, I AM NOT SAYING I AGREE WITH IT. IT IS JUST WHAT IS HAPPENING. Just to get that out of the way. Here it is and, again, read the whole explanation before pouncing:

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.

Now, this seems irrelevant to the topic, but the clause that is enforced is clause (6). "Licensed or Privileged to do so" does not apply to a Pistol Permit granting license to carry a firearm in prohibited areas or for excepted reasons, such as "creating an offensive condition". The CT Supreme Court ruled in regards to the same language in the possession of weapons on school grounds law that license or privilege does not give the right to carry on school grounds, and this was reaffirmed by the OLR (look up the case numbers yourself and find the OLR Report on the AG website). It is ridiculous, but that is exactly what is happening. You get arrested for second degree breach of peace and lose your pistol permit in CT. Again, I'm not saying I agree with it, and I really think the charges against Open Carriers are a misguided attempt to suppress the rights of OCers, but if you don't want to be the test case, don't do it. CT is a very liberal, almost communist state. They have zero tolerance for gun rights. I praise the CCDL for the awareness campaign and efforts and, perhaps, OC will become commonplace. Frankly, I like that no one in CT assumes you have a gun as I have never seen a gun-busters sign anywhere except on the outside of the State Police Headquarters, so it may be a double edged sword.