Conn. Trooper said:
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
Wrong statute, breach of peace, nor creating a public disturbance.
I ask for id, or at least name and date of birth because I will need it for any report I have to write. Does that mean that I have to see your id on every call? No.
Okay, I had the wrong statute ... but you highlighted the wrong part. The statute you cited begins the same way as the one I cited -- in order for the charge to have merit, the actor must be acting with the
intention of disturbing the peace, or
recklessly creating the risk of doing so. Unless the action meets one of those two very specific tests ... none of the types of "disturbing" actions described thereafter amount to beans. If there is no intent or recklessness -- you don't even get to start reading the list of offenses.
Further, if you DO read the list -- which item on the list is satisfied by wearing a
licensed handgun on your belt?
(1) Engages in fighting or in violent, tumultuous or threatening behavior in a public place;
nope. No fighting involved
(2) assaults or strikes another;
nope. No assault involved
(3) threatens to commit any crime against another person or such other person's property;
nope, no threats involved
(4) publicly exhibits, distributes, posts up or advertises any offensive, indecent or abusive matter concerning any person;
nope, no abusive posters involved
(5) in a public place, uses abusive or obscene language or makes an obscene gesture;
nope, no obscene language or gestures involved
(6) creates a public and hazardous or physically offensive condition by any act
which such person is not licensed or privileged to do. This might be the only item out the list that could apply. But ... even if someone considers carrying a handgun "offensive" ... in Connecticut you can't carry one without a permit. So, if the actor has the required permit or license, he is "licensed or privileged to do so."
So how do you figure this statute in any way allows for charging an open carrier with "Breach of the peace in the second degree"?