NYS Long-gun open carry audit where???

[truthspreader99]

How come there are no videos of someone auditing NYS long-gun open carry?
People do audits all the time for all the other states why not NYS?
Is it not clearly stated in the law that its possible to open carry long-guns or did i read it wrong?

Only found one NYS vid where the guy is just breaking the law by open carrying a pistol, which can only be carried concealed in NYS. I know, i know, 2nd amendment and all but audits are supposed to be a test about "if me whos following the law 100%, but somehow still get arrested" happens.

Can anyone else find any vids on such a thing?

 

[spat]

How come there are no videos of someone auditing NYS long-gun open carry?
People do audits all the time for all the other states why not NYS?
Is it not clearly stated in the law that its possible to open carry long-guns or did i read it wrong?

Only found one NYS vid where the guy is just breaking the law by open carrying a pistol, which can only be carried concealed in NYS. I know, i know, 2nd amendment and all but audits are supposed to be a test about "if me whos following the law 100%, but somehow still get arrested" happens.

Can anyone else find any vids on such a thing?

Because NY plays dirty.

They DGAF what's legal, they'll arrest you and drag your ass through the system for years, then just drop the charges before you can actually challenge anything in a court that won't just rubber stamp their shenanigans.

 

[Saltwater60]

Where does it say in NYS you have to concealed carry? You obtain a concealed carry license but that doesn’t mean you can only concealed carry. FYI a bill was seemingly just passed to limit the open carrying of long guns.
I have open carried long guns in certain situations. Technically you are if you walk across the street with a gun.

 

[pshift]

OPEN CARRY IS ILLEGAL (treated that way even though the law is silent on the issue), like everything else in NY State!

 

[byron]

OPEN CARRY IS ILLEGAL (treated that way even though the law is silent on the issue), like everything else in NY State!

can you find that law if no law its legal in the early 70s when I got my permit me and all my friend all open carried and nothing was ever said. well except that one time when a deputy ask me if I had a permit for that gun and I just said do you think I would be that stupid to carry like this without a permit he laugh and says guess not have a good day. but as years went on they seemed to get the idea it was illegal with no law ever passed that I know of and cannot find any .

 

[pshift]

I was being sarcastic.

Can You Open Carry in New York?​

New York State law is extremely vague on open carry. Open carry in public is not legal in most instances. While no law specifically bans open carry, a pistol license to carry is issued to carry concealed.

You will likely be charged with creating a public nuisance or alarming some 'Karens'.....

 

[Truebeliever]

Open carry of a firearm is illegal in New York State with certain exceptions.

Possesion of a firearm is illegal in New York unless you fall under one the exceptions .
Your permit is an exception to carry.. to carry concealed.
If you want to open carry , you have to find another exemption to fall under such as a security guard.
A rifle and shotgun aren’t firearms under NYS law .
But if they are going to make open carry specifically illegal they better add more exceptions than what’s in the bill because I can think of a few exceptions that are missing that even the Fudds are going to have issues on

 

[dean3690]

Because NY plays dirty.

They DGAF what's legal, they'll arrest you and drag your ass through the system for years, then just drop the charges before you can actually challenge anything in a court that won't just rubber stamp their shenanigans.

TRUTH

 

[Saltwater60]

Then

Open carry of a firearm is illegal in New York State with certain exceptions.

Possesion of a firearm is illegal in New York unless you fall under one the exceptions .
Your permit is an exception to carry.. to carry concealed.
If you want to open carry , you have to find another exemption to fall under such as a security guard.
A rifle and shotgun aren’t firearms under NYS law .
But if they are going to make open carry specifically illegal they better add more exceptions than what’s in the bill because I can think of a few exceptions that are missing that even the Fudds are going to have issues on

why wasn’t the Jewish politician from nyc charged with open carrying when they tried to get her on the CCIA violation but she said her gun wasn't loaded so she got off. What would the charge be for open carrying? I regularly seen a guy open carrying in wegmans prior to the CCIA.

 

[Brawny71]

Then

why wasn’t the Jewish politician from nyc charged with open carrying when they tried to get her on the CCIA violation but she said her gun wasn't loaded so she got off. What would the charge be for open carrying? I regularly seen a guy open carrying in wegmans prior to the CCIA.

Penal Law. Open Carry is only allowed (handgun) on private property. Conceal Carry is the only allowed method on public property.

Assuming the Temple is private property (like most gun clubs) they could open carry pistols and long guns (if NYS legal) all the time. Once they leave into public property handguns must be concealed.

 

[Willyone]

Because NY plays dirty.

They DGAF what's legal, they'll arrest you and drag your ass through the system for years, then just drop the charges before you can actually challenge anything in a court that won't just rubber stamp their shenanigans.

And unless you're a rich man, you'll be broke from atty defense fees by the time the dust settles.

 

[SonOfSun]

Why don't you do it then if you are so worried about it.

 

[FRANKIE]

And unless you're a rich man, you'll be broke from atty defense fees by the time the dust settles.

Or you used to be a rich man
But now your broke and busted

 

[spat]

Penal Law. Open Carry is only allowed (handgun) on private property. Conceal Carry is the only allowed method on public property.

Assuming the Temple is private property (like most gun clubs) they could open carry pistols and long guns (if NYS legal) all the time. Once they leave into public property handguns must be concealed.

We've been over this many times on this forum.

What section of NY Penal Law are you charged with if you are caught open carrying in public ?

 

[truthspreader99]

We've been over this many times on this forum.

What section of NY Penal Law are you charged with if you are caught open carrying in public ?

None, which is why im confused why everyone saying its illegal...

this was only just passed senate YESTERDAY which means it was always legal to open carry longguns for all this time...

 

[Brawny71]

The thread mixed in a couple topics. The new attempt at law is to infringe on open carry of long guns.

Open carry of handguns is covered in N.Y. Penal Law §§ 265.02(7), 265.03(3), § 400(3); all with a lot of overlap. This leads into the types of permits; Have and possess and Have and carry concealed. The first allows you to have one in your home and often to and from a target range unloaded. To carry a loaded handgun in NYS outside of the home and business (depending on the permit) you are required to conceal. This includes in your car (Outside of plain view)

New York State issues various types of handgun licenses under NY Penal Law § 400.00(2) (e.g., to have and possess in a dwelling by a householder; to have and possess in a place of business by a merchant). Not all license types allow unrestricted concealed carrying. The license must specify whether it is issued to carry on the person or possess on the premises, and if on the premises, it must specify the place where the licensee may possess the handgun. NY Penal Law § 400.00(7).

Now, all the above (Shocker for anyone who has dealt with NYS law and especially firearms law) is at best VAGUE. I'm also not aware of any Case law to lean on. But, if you really dig long enough, and are caught by the right person, you WILL be charged from within one of those categories. If you have a handgun exposed, another person has the right to be afraid and call the police. If you have a handgun exposed and loaded (Open carry) and only have a Home/ Business/ Target; you lose. If you have it on your person unloaded and the same; you lose. Of course you having a handgun in NYS puts you in the deficit anyway. If you have a conceal and have had the recent training, you should already have been told it is your responsibility to have it concealed (to include printing) at all times to include in your car (no more keeping it on the passenger seat). The LAW is vague. You will be charged with Brandishing[Executive Law §837-t]; a form of assault. If you behave and treat the LEO's with respect and follow them outside of the store, in our area they will apologize for wasting your time and ask you to keep it concealed from now on. "THEY" are waiting on case law and a precedent. OBTW, the open carry has already caused generation of memos reminding off duty cops they are suppose to conceal as well.

But, this is just what I have experience with. Feel free to do whatever. "THEY" are still looking for their precedent. Free Country.... most places.

 

[Truebeliever]

Then

why wasn’t the Jewish politician from nyc charged with open carrying when they tried to get her on the CCIA violation but she said her gun wasn't loaded so she got off. What would the charge be for open carrying? I regularly seen a guy open carrying in wegmans prior to the CCIA.

She wasn’t properly charged to being with. She was on school grounds if I remember right and she was intially charged with a misdemeanor.
As far as the guy at supermarket, if he is a peace/police officer he would fall under one of the exceptions as well as security guards .

 

[Saltwater60]

Penal Law. Open Carry is only allowed (handgun) on private property. Conceal Carry is the only allowed method on public property.

Assuming the Temple is private property (like most gun clubs) they could open carry pistols and long guns (if NYS legal) all the time. Once they leave into public property handguns must be concealed.

She open carried at a propalestian protest that’s how they knew she had it at a sensitive location. Yes the article says NYS requires them to be concealed but she wasn’t charged with that only carrying in a sensitive location. She claims the gun was unloaded so they dropped the charges.

https://www.usnews.com/news/us/articles/2023-11-02/a-new-york-city-lawmaker-has-been-charged-with-bringing-a-gun-to-a-pro-palestinian-protest

 

[Saltwater60]

She wasn’t properly charged to being with. She was on school grounds if I remember right and she was intially charged with a misdemeanor.
As far as the guy at supermarket, if he is a peace/police officer he would fall under one of the exceptions as well as security guards .

He’s not in uniform and no badge visible outside the waistband ccws a Glock 26/27. He no longer does it after the CCIA so I doubt it.
Just curious what’s the charge for open carrying a pistol?

 

[Cooolone]

How come there are no videos of someone auditing NYS long-gun open carry?
People do audits all the time for all the other states why not NYS?
Is it not clearly stated in the law that its possible to open carry long-guns or did i read it wrong?

Only found one NYS vid where the guy is just breaking the law by open carrying a pistol, which can only be carried concealed in NYS. I know, i know, 2nd amendment and all but audits are supposed to be a test about "if me whos following the law 100%, but somehow still get arrested" happens.

Can anyone else find any vids on such a thing?

Well, seeing as you're a newbie, maybe YOU should be the Audit!

Go open carry and report back to us, let us know how it went... Don't be skimpy on details! And I'm sure, that you'll know what law you've violated when you're charged!

Newbies... Make me laugh all the time, show up, ask stupid questions, but expecting real answers!

You KNOW, you KNOW - 2nd Amendment!? Really? What do you know... Seems not much!

So... Someone needs to have the path, instead of being a spectator and asking questions, step up to the plate!

Don't forget to write!

 

[Truebeliever]

We've been over this many times on this forum.

What section of NY Penal Law are you charged with if you are caught open carrying in public ?

PL 265.02 CPW, you don’t fit under the exemptions, you are in illegal possession of firearm.
A retired NJ was carrying under LEOSA but open carried . He was arrested with CPW. The DA plea bargained to something like misdemeanor charge .

 

[Acer-m14]

 

[spat]

PL 265.02 CPW, you don’t fit under the exemptions, you are in illegal possession of firearm.
A retired NJ was carrying under LEOSA but open carried . He was arrested with CPW. The DA plea bargained to something like misdemeanor charge .

Let me translate:

"The DA chose not to prosecute for open carry because he knew there wasn't a charge there".

If open carry is illegal for permit holders, and long gun owners, what exception to armed guards and police officers carry under ?

The permit *allows* concealed carry. Something that was illegal in most of the country at the time it was adopted. There is no language anywhere in NY law that requires it.

And you said this guy was covered under LEOSA, so what language anywhere differentiates open from concealed carry for him ?

 

[Brawny71]

Let me translate:

"The DA chose not to prosecute for open carry because he knew there wasn't a charge there".

If open carry is illegal for permit holders, and long gun owners, what exception to armed guards and police officers carry under ?

The permit *allows* concealed carry. Something that was illegal in most of the country at the time it was adopted. There is no language anywhere in NY law that requires it.

And you said this guy was covered under LEOSA, so what language anywhere differentiates open from concealed carry for him ?

"The DA CHOSE not to prosecute Brandishing because of what the group protest was and who was the violator." Loaded or unloaded, brandishing is how the person offended feels (Just like why harvested deer have to be wrapped in a tarp now if outside a vehicle). I'm not saying I'm in favor of it. BUT if this was a rally to protest the stupid changes to the latest additions to the Un-Safe act and it was you carrying a handgun, unloaded open carry, YOU would be facing charges. Make no mistake. There IS a huge DOUBLE standard ad in NYS the offense is determined by the offender and what they represent.

Yes, there is an exception for licensed and certified security and LEO's; On Duty.

But again, Free Country (in some places). Roll the dice.

 

[Brawny71]

She open carried at a propalestian protest that’s how they knew she had it at a sensitive location. Yes the article says NYS requires them to be concealed but she wasn’t charged with that only carrying in a sensitive location. She claims the gun was unloaded so they dropped the charges.

https://www.usnews.com/news/us/articles/2023-11-02/a-new-york-city-lawmaker-has-been-charged-with-bringing-a-gun-to-a-pro-palestinian-protest

Then she is in violation of sensitive area as well as Brandishing. Good thing she took part in a Pro-Palestian protest and is protected by the agenda. Too bad there is such a double standard. Good chance for the Left to show their policy was put in use. Just the wrong person I guess. Let it be a Pro-Gun rights rally and see how many are charged.

 

[Brawny71]

He’s not in uniform and no badge visible outside the waistband ccws a Glock 26/27. He no longer does it after the CCIA so I doubt it.
Just curious what’s the charge for open carrying a pistol?

If in a public area; Brandishing. If on school grounds; Class D (Just changed) Felony as well.

 

[Brawny71]

She wasn’t properly charged to being with. She was on school grounds if I remember right and she was intially charged with a misdemeanor.
As far as the guy at supermarket, if he is a peace/police officer he would fall under one of the exceptions as well as security guards .

Was this the one who removed her firing pin?

 

[Robin]

Because NY plays dirty.

They DGAF what's legal, they'll arrest you and drag your ass through the system for years, then just drop the charges before you can actually challenge anything in a court that won't just rubber stamp their shenanigans.

Nailed it.
Robin

 

[Truebeliever]

Let me translate:

"The DA chose not to prosecute for open carry because he knew there wasn't a charge there".

If open carry is illegal for permit holders, and long gun owners, what exception to armed guards and police officers carry under ?

The permit *allows* concealed carry. Something that was illegal in most of the country at the time it was adopted. There is no language anywhere in NY law that requires it.

And you said this guy was covered under LEOSA, so what language anywhere differentiates open from concealed carry for him ?

Police officers carry under a separate law than penal law 400.
Security guards have the ability to open carry authorized under the general business law . One of those hidden gems in NYS law just as the environmental law
is a land mine with that law that bans loaded long guns in the car .
As far as LEOSA, like penal law 400, it says “concealed” in the text of the law.

 

[Truebeliever]

Was this the one who removed her firing pin?

So she claimed and had time to do it before surrendering with the gun.