Open carry NYS
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Thread: Open carry NYS

  1. #1
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    Default Open carry NYS

    So im seeing a fairly heated debate on everybodys favorite place to hear opions, a few individuals are saying that NYS does not specifically ban open carry, therefore it is not specifically illegal, others are saying NY explicitly bans open carry, for which they have not been able to back up with the penal code. I understand that your CCW grants you the right to carry concealed, but no where can i i find info on NYS banning open carry specifically.

    No need to go into the "dont scare the soccar mom" thing, i'm just asking about "is open carry specifically banned and illegal"

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    Try it and let us know how you make out!!!
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    The real answer is this: it hasn't been tested in the courts, so no one really knows for certain. We are, at absolute minimum, one guinea pig and 10 years of court battles away from ever knowing, but no one wants to be the guinea pig, for obvious reasons.
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    Anything stated in the above post is my personal opinion and should not be construed as legal advice.

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    Quote Originally Posted by j3brawny View Post
    Try it and let us know how you make out!!!
    nope lol not this guy

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    I don't think you would be arrested but you would probably lose your permit and ability to carry a pistol.

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    There is no ban on open carrying a handgun in NYS. However, it is still illegal.

    Handguns are prohibited in NYS unless you are exempted. One of the exemptions is having a license to carry concealed. This isn't because the license itself says concealed, the actual penal code states "concealed". Because possession with this license stipulates the firearm is to be concealed, if you are openly carrying a handgun you can be charged with criminal possession of a firearm.

    What would really happen, I don't know. Most places would probably arrest you and charge you/plea bargain with some disturbance violation and your license suspended (possibly revoked), but a multitude of things could unfold depending on where you were and who you were dealing with. If you did it in Westchester or Tompkins you might be shot by police or very roughly arrested and spend a mandatory minimum of several years in state prison. If you did it in Hamilton or Delaware county a Forest Ranger might tell you not to walk around outside of the woods like that or another cop could take issue.

    New York State has no rule of law, and this is further exemplified by multiple county clerk offices/sheriff's offices making official statements claiming that open carry is in fact legal (it isn't), yet others making official statements claiming it is definitely prohibited.

    Don't open carry in NYS unless you want to spin the roulette wheel with your life, literally or otherwise.
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    Sage advice, ResidentJew.
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    I’ve had no issue open carrying while afield hunting in NYS. A group of us were exiting state land near Big Indian in the late ‘70’s when stopped by ECON police for license checks, all were open carrying handguns. Licenses and permits checked, “have a great day and good hunting” followed the stop. Some was true last season when my nephew was stopped upstate.

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    Quote Originally Posted by ResidentJew View Post
    There is no ban on open carrying a handgun in NYS. However, it is still illegal.

    Handguns are prohibited in NYS unless you are exempted. One of the exemptions is having a license to carry concealed. This isn't because the license itself says concealed, the actual penal code states "concealed". Because possession with this license stipulates the firearm is to be concealed, if you are openly carrying a handgun you can be charged with criminal possession of a firearm.

    What would really happen, I don't know. Most places would probably arrest you and charge you/plea bargain with some disturbance violation and your license suspended (possibly revoked), but a multitude of things could unfold depending on where you were and who you were dealing with. If you did it in Westchester or Tompkins you might be shot by police or very roughly arrested and spend a mandatory minimum of several years in state prison. If you did it in Hamilton or Delaware county a Forest Ranger might tell you not to walk around outside of the woods like that or another cop could take issue.

    New York State has no rule of law, and this is further exemplified by multiple county clerk offices/sheriff's offices making official statements claiming that open carry is in fact legal (it isn't), yet others making official statements claiming it is definitely prohibited.

    Don't open carry in NYS unless you want to spin the roulette wheel with your life, literally or otherwise.
    We can debate open carry but what is clear is no person may be charged with possession of a weapon when they have a permit. It is in clear writing in the law. There are even cases of permit holders with resident only permits who have used guns outside of their houses and committed crimes and the court said they still cannot be charged because the penal law specifically exempts a license holder from illegal possession charges. This is case law that you can find if you search for it.
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    You people are block heads. Is there a crime you can be charged with by open carrying? No. Case closed.

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    Hunted every year with a handgun slung across my chest. Not a peep from local Sheriffs to Encon.
    I love the south

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    Quote Originally Posted by smitty846 View Post
    We can debate open carry but what is clear is no person may be charged with possession of a weapon when they have a permit. It is in clear writing in the law. There are even cases of permit holders with resident only permits who have used guns outside of their houses and committed crimes and the court said they still cannot be charged because the penal law specifically exempts a license holder from illegal possession charges. This is case law that you can find if you search for it.
    I think you're referring to case law pertaining to the carrying of a concealed firearm outside of administrative amendments.
    Last edited by ResidentJew; 09-26-2020 at 12:05 AM.
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    Quote Originally Posted by SammyDaBull View Post
    You people are block heads. Is there a crime you can be charged with by open carrying? No. Case closed.
    Except you're wrong. Criminal possession of a firearm. This is not difficult dude. And even if that wasn't true, you're living in La-La-Land if you think you wouldn't get charged with some type of misdemeanor menacing/disturbance charge.

    It amazes me to no end how this continues. The handgun laws in NYS are NOT common law based. There is a TOTAL BAN on ALL handguns unless you are EXEMPTED. Still, people insist to no end how there's no possible charge and it's totally legal because they can't grasp this. Of course, none of you seem to ever open carry during your daily routine. Go figure.

    I really want to nail something home to people here. Do you guys know that NY had road signs put up all over the border warning people about handguns? Many of these signs remain, although I think the mandatory minimum has been raised to 3 or 5 years. They even put the signs up on the Canadian border. Allow that to sink in and let me know when you decide to OC all around NY because it's totally legal and they could never charge you with anything ever.

    NYSHL.jpg
    Last edited by ResidentJew; 09-26-2020 at 12:20 AM.
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    Quote Originally Posted by ladder13 View Post
    Hunted every year with a handgun slung across my chest. Not a peep from local Sheriffs to Encon.
    Yeah and that makes sense. Hunting would be a scenario where they wouldn't enforce that. Actually, a lot of state gun laws are regularly broken when people go to hunt because it's impossible not to. Just look at New Jersey if anyone doesn't believe me. This is exactly why I keep saying there's no rule of law in New York.

    Nobody is going to get nailed for OC while hunting and if they did I highly doubt they'd be convicted. Now, with that said, I'm still waiting for the "open carry is definitely legal in NYS" people to actually open carry all over the state.
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    Quote Originally Posted by ResidentJew View Post
    I think you're referring to case law pertaining to the carrying of a concealed firearm outside of administrative amendments.
    No not at all. A totally different type of permit. Resident or householder only. Not concealed carry. It was ruled that all permits exempted the holder from a weapons charge. You can research it instead of trying to argue what you do not know.

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    Quote Originally Posted by ResidentJew View Post
    Except you're wrong. Criminal possession of a firearm. This is not difficult dude. And even if that wasn't true, you're living in La-La-Land if you think you wouldn't get charged with some type of misdemeanor menacing/disturbance charge.

    It amazes me to no end how this continues. The handgun laws in NYS are NOT common law based. There is a TOTAL BAN on ALL handguns unless you are EXEMPTED. Still, people insist to no end how there's no possible charge and it's totally legal because they can't grasp this. Of course, none of you seem to ever open carry during your daily routine. Go figure.

    I really want to nail something home to people here. Do you guys know that NY had road signs put up all over the border warning people about handguns? Many of these signs remain, although I think the mandatory minimum has been raised to 3 or 5 years. They even put the signs up on the Canadian border. Allow that to sink in and let me know when you decide to OC all around NY because it's totally legal and they could never charge you with anything ever.

    NYSHL.jpg
    You cannot be charged with CPW when a permit is issued under Penal Law 400. End of story. There has already been case law established. It is also expressly written into the penal law. A person who had a possess in home only permit who took their gun out in public and used it in a crime could not even be charged with CPW. As for menacing, that could not be charged either. You would need to intentionally place others in reasonable fear for their life. A holstered firearm would not come remotely close to establishing this, unless maybe you were making threats. If an openly carried firearm would constitute menacing every cop in the state could be charged. They are not exempt from menacing laws. All I would have to say is when the cop pulled me over I saw the gun and feared for my life. Boom. Menacing charge. As for the picture of the sign you posted, that has nothing to do with licensed firearm owners. It is generic and meaningless to this conversation.

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    Quote Originally Posted by smitty846 View Post
    No not at all. A totally different type of permit. Resident or householder only. Not concealed carry. It was ruled that all permits exempted the holder from a weapons charge. You can research it instead of trying to argue what you do not know.
    You could cite your case law, to start.
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    Quote Originally Posted by smitty846 View Post
    You cannot be charged with CPW when a permit is issued under Penal Law 400. End of story. There has already been case law established. It is also expressly written into the penal law. A person who had a possess in home only permit who took their gun out in public and used it in a crime could not even be charged with CPW. As for menacing, that could not be charged either. You would need to intentionally place others in reasonable fear for their life. A holstered firearm would not come remotely close to establishing this, unless maybe you were making threats. If an openly carried firearm would constitute menacing every cop in the state could be charged. They are not exempt from menacing laws. All I would have to say is when the cop pulled me over I saw the gun and feared for my life. Boom. Menacing charge. As for the picture of the sign you posted, that has nothing to do with licensed firearm owners. It is generic and meaningless to this conversation.
    It's not generic...I don't think that word means what you think it means, but that's okay. I understand English isn't everyone's first language.

    I was making a point, which clearly went right over your head, because you still seem to think that a state with handgun ban signs on its border wouldn't charge you with anything for openly carrying. You ignored almost everything I said and then just used a straw man to conclude your point. Then there's the mysterious case law nobody can cite, which probable exists yet isn't furnished. Nice.

    If we want to talk about bad arguments I'm still waiting for a rebuttal to my point that none of you are willing to open carry. Oh but of COURSE, the POLICE do it so it MUST be legal. How dumb could I be?! That doesn't run head first into everything else I've said at all!

    Now I realize why some people don't argue about OC here. There's this bizarre stream of endless excuses that rival Marxism's denial of reality. Honestly, it's impressive.

    No, OC is not legal in NYS. Sorry champ.
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  21. #19
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    Quote Originally Posted by ResidentJew View Post
    It's not generic...I don't think that word means what you think it means, but that's okay. I understand English isn't everyone's first language.

    I was making a point, which clearly went right over your head, because you still seem to think that a state with handgun ban signs on its border wouldn't charge you with anything for openly carrying. You ignored almost everything I said and then just used a straw man to conclude your point. Then there's the mysterious case law nobody can cite, which probable exists yet isn't furnished. Nice.

    If we want to talk about bad arguments I'm still waiting for a rebuttal to my point that none of you are willing to open carry. Oh but of COURSE, the POLICE do it so it MUST be legal. How dumb could I be?! That doesn't run head first into everything else I've said at all!

    Now I realize why some people don't argue about OC here. There's this bizarre stream of endless excuses that rival Marxism's denial of reality. Honestly, it's impressive.

    No, OC is not legal in NYS. Sorry champ.
    If it's not generic then it's specific. Where on the sign does it list a specific law statute or violation? It doesn't. Just says gun violation 1 year minimum.

    I have already explained that no person when issued a permit under the penal law may be charged with unlawful possession. It's right in the law in writing. Take a look instead of coming here with your head in the sand and insisting it doesn't. It's easily verifiable. Also it's not some mysterious case law that I heard third hand. I read the court decision for myself. I cant locate it off the top of my head but if you search you will find it. The guy had a home possession only permit and took his gun out in public and used it to commit a crime. He was arrested and charged with unlawful possession but the court ruled he cannot be and dismissed the charge.

    You have ignored those facts and have kept with your point that is actually opinion and has nothing to back it up. Please state the charge.

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    Quote Originally Posted by ResidentJew View Post
    If you did it in Westchester or Tompkins you might be shot by police ...
    For simply open carrying? No, please, stop it with the drama posting. Thank you
    * Information posted is personal opinion only and does not constitute information released in an official capacity*

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