RE: Did the South Portland Maine police overreact or not?

[Blanchard_Michael () emc com]

 agreed it's weird, and the law varies from state to state.  Some states have an open carry law with or without permit, 
some states have a concealed carry law with or without permit.

 Here in Mass, I am licensed for concealed carry, that is the only way I'm able to carry a pistol, it cannot be in 
plain view.  Kentucky you are allowed to openly carry but not concealed (if memory serves correctly).  

 To me, what would disturb the average person more.  Someone that is licensed to carry and has a pistol under his 
jacket in the local mall.  OR  someone that is licensed and has a pistol in a "cowboy style" holster in the local mall?

  Yes, brandishing is along the lines of "showing in a threateningly manor".  Leaves an awful lot to interpretation....

  Mike B


Michael P. Blanchard 
Antivirus / Security Engineer, CISSP, GCIH, CCSA-NGX, MCSE
Office of Information Security & Risk Management 
EMC ² Corporation 
4400 Computer Dr. 
Westboro, MA 01580 


-----Original Message-----
From: Dude VanWinkle [mailto:dudevanwinkle () gmail com] 
Sent: Wednesday, November 01, 2006 6:13 PM
To: Drsolly
Cc: Blanchard, Michael (InfoSec); funsec () linuxbox org
Subject: Re: [funsec] Did the South Portland Maine police overreact or not?

On 11/1/06, Drsolly <drsollyp () drsolly com> wrote:
> On Wed, 1 Nov 2006 Blanchard_Michael () emc com wrote:
>
> > On Wed, 1 Nov 2006, Brian Loe wrote:
> >
> > > On 11/1/06, Richard M. Smith <rms () computerbytesman com> wrote:
> > > > I suspect that the fake gun is what bothered the South Portland
> > police and
> > > > not the Bin Laden costume.
> > >
> > >
> > > Could have swore that all toy guns were to have an orange muzzle for
> > > just this reason. If his did have an orange muzzle, a lawsuit is in
> > > order.
> >
> > My understanding was that all USians have the right to bear arms. The
> > Constitution doesn't say anything about the colour of the muzzle. Surely
> >
> > he has a case anyway?
> >
> > --->  Yes we do, but there is also the matter of "brandishing a
> > firearm".  Which is what this idiot was doing, even though it was fake.
> > There are robberies that take place often enough with toy guns that look
> > real, it's still "armed robbery" regardless if it was real or not.  Same
> > as brandishing a firearm.
>
> OK, so carrying a firearm is legal, but brandishing it isn't. OK, got it
> now.
>
> Brandishing is when you wave something, right? So you're allowed to carry
> firearms, but you mustn't wave them.

I never got that either,

As long as its not concealed, arent you allowed to walk around with a gun?

-JP


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