Carrying in NYS Parks is Only a Fine at Most

Marine Cpl

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I posted this is another forum after really searching the laws. Penal Law 400 already says that the license to carry is effective thought the state except the City of NY. There are also prohibitions by Federal Law in certain places as well so that is what I go by. But this is what I found below in the next post. It's long but breaks it down.
 
Marine Cpl

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* Here is the law or code or whatever they want to call it linked below. *

View Document - New York Codes, Rules and Regulations


9 CRR-NY 375.1
NY-CRR
OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 9. EXECUTIVE DEPARTMENT
SUBTITLE I. OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION
CHAPTER I. PARKS
SUBCHAPTER A. STATEWIDE RULES
PART 375. PROHIBITED ACTIVITIES

(p) Firearms and weapons.

(1) Notwithstanding the provisions of paragraphs (2) and (3) of this subdivision, no person, other than a member of a Federal, State or municipal law enforcement agency, shall introduce or possess, either upon the person or within a vehicle, or use any firearm, bow, crossbow, or any instrument or weapon the propelling force of which is a spring, rubber or air or any ammunition or propellant therefor, except pursuant to a permit issued according to Part 372 of this Title.

(2) Any person employed by a private security firm which has contracted with the office or with a lessee or licensee of the office for services on property under the jurisdiction, custody and control of the office shall be permitted, with the approval of the office, to carry a firearm supplied by his or her employer in the course of his or her employment on such property, provided that such person is licensed pursuant to section 400.00 of the Penal Law and meets such minimum qualifications as may be established by the commissioner. In addition, any firm providing security services on lands under the jurisdiction of the office shall provide public liability insurance, naming the State as an insured party, in such amounts as the commissioner shall require.

(3) On certain facilities of the office, to be determined by the commissioner, a person may possess an unloaded weapon for the purpose of accessing adjacent properties for lawful hunting purposes. The list of facilities shall be published on the office’s public website.


* Here are the Penalties linked below. *

New York Parks, Recreation and Historic Preservation Law - PAR § 27.11 | FindLaw

New York Parks, Recreation and Historic Preservation Law § 27.11 Offenses; ?Penalties


1. Unless otherwise specifically provided, any person who violates any provision of this chapter, or of any law, ordinance, rule, regulation or order adopted pursuant thereto, shall be guilty of a
(a) traffic infraction, if such provision, law, ordinance, rule, regulation or order is one which regulates traffic as specified in section one hundred fifty-five of the vehicle and traffic law, but does not relate to snowmobiles.
(b) violation, for any other offense.

2. A traffic infraction shall be punishable as provided in subdivision (b) of section one thousand eight hundred of the vehicle and traffic law in the same manner as if the offense were a violation of the vehicle and traffic law. A violation shall be punishable as provided in the penal law. Upon conviction of a violation of any provision of article twenty-five of this chapter a court may also require the convicted person, as a condition of the sentence in addition to any other penalty, to successfully complete a snowmobile safety course approved by the commissioner.


* So it is punishable by a Violation. A Violation is punishable via the Penal Law. Here is the punishment taken from the NY Penal Law below. *

Article 80 | Penal Law | Fines Felony Misdemeanor Violation



S 80.05 Fines for misdemeanors and violation.


4. Violation. A sentence to pay a fine for a violation shall be a
sentence to pay an amount, fixed by the court, not exceeding two hundred
fifty dollars.
In the case of a violation defined outside this chapter, if the amount
of the fine is expressly specified in the law or ordinance that defines
the offense, the amount of the fine shall be fixed in accordance with that law or ordinance.


* So if you get caught you can only be issued a fine no greater than $250.00. *
 
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meketrefe

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I doubt anyone would get a ticket. I have been carrying always and never heard of anyone being ticketed for this.
Other places you cannot carry are Courts, Post offices and Any School or Campus in NYS courtesy of unSAFE BS.
Those are officially designated criminal safe-heaven areas.
 
cgrutt

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My original permit and my wife's permit said/says "Hunting, Fishing, Hiking, Camping and Target Shooting". I almost always carry while camping or hiking (except when I'm hiking with BSA). Gun hasn't shot anybody or caused any mayhem yet. FUAC.
 
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You should have kept reading:
Penal Law 70.15 Sentences of imprisonment for misdemeanors and violation.
[...]
4. Violation. A sentence of imprisonment for a violation shall be a
definite sentence. When such a sentence is imposed the term shall be
fixed by the court, and shall not exceed fifteen days.
 
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You could also be sentenced to a conditional discharge, with conditions
“such as the court, in its discretion, deems reasonably necessary to insure that the defendant will lead a law-abiding life,” such as getting mental health counseling or doing community service. Penal Law 65.05.
 
Carlos Hathcock

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meketrefe said:
I doubt anyone would get a ticket. I have been carrying always and never heard of anyone being ticketed for this.
Other places you cannot carry are Courts, Post offices and Any School or Campus in NYS courtesy of unSAFE BS.
Those are officially designated criminal safe-heaven areas.
Click to expand...

This had come up in other posts a number of times. I'm not sure why I waited to mention it now. I took an intro to self defense course a couple years ago run by a very well respected instructor. The subject of "carry on school property" came up. IIRC, he offered a very surprising note to the way in which that particular bullshit law was written. I wish I had written down his answer but the gist of it was "only a violation, infraction, offense, what have you, if carrying with the intent to commit a felonious action". I wish I had a way to look this up. I could try and get in touch with him but don't know if he'd email me that info.
 
cgrutt

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All well and good but this is assuming 1. you got caught and 2. you got charged and 3. prosecutor had a real bug up their ass and threw the book at you (yeah, I know it's NY). Concealed is concealed. Nobody knows you're carrying if you're carrying right. IMO most LE wouldn't write a ticket if even if you're caught as long as you're not doing anything that could be considered criminally negligent (or worse). Yeah, if you happen to draw the short straw, them's the odds. Most any other state this wouldn't even be a conversation.
 
Darth

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C3D said:
“illegally using, carrying or possessing a pistol or other dangerous weapon” is a Serious Offense under Article 265.00 of the Penal Code and results in revocation under Article 400.00(11).
Click to expand...
Where is the source for this?
 
C3D

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cgrutt said:
All well and good but this is assuming 1. you got caught and 2. you got charged and 3. prosecutor had a real bug up their ass and threw the book at you (yeah, I know it's NY). Concealed is concealed. Nobody knows you're carrying if you're carrying right. IMO most LE wouldn't write a ticket if even if you're caught as long as you're not doing anything that could be considered criminally negligent (or worse). Yeah, if you happen to draw the short straw, them's the odds. Most any other state this wouldn't even be a conversation.
Click to expand...


The same is true for carrying your pistol in New York City. Concealed is concealed, right? No need to worry. So go ahead and do it on your upstate license.
 
cgrutt

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C3D said:
The same is true for carrying your pistol in New York City. Concealed is concealed, right? No need to worry. So go ahead and do it on your upstate license.
Click to expand...

I'm not talking about NYC (or Federal Buildings, School property, etc) but nice try.
 
Cooolone

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C3D said:
A violation of a weapons charge will also get your pistol license revoked. Enjoy!
Click to expand...

Post case law please... I'd love to see it! We'll just keep eating the popcorn until you can (not). Lol, people can quote all the law they want, it doesn't mean a thing if it's never prosecuted!
 
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C3D

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Cooolone said:
Post case law please... I'd love to see it! We'll just keep eating the popcorn until you can (not). Lol, people can quote all the law they want, it doesn't mean a thing if it's never prosecuted!
Click to expand...

I don’t need to post any case law to post because it’s straight out of the Penal Law. See references above. And almost all licensing agencies in NY mandate notification of the agency in the event of an arrest, failure of which to do so is also potentially grounds for revocation.

Whether or not your licensing authority chooses to act depends on which agency must act. I can predict which way that will go for our members in NYC, Nassau, Westchester, Suffolk County P.D., potentially Suffolk County Sheriff, Erie, Onondonga, Albany County, etc.
 
Marine Cpl

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C3D said:
I don’t need to post any case law to post because it’s straight out of the Penal Law. See references above. And almost all licensing agencies in NY mandate notification of the agency in the event of an arrest, failure of which to do so is also potentially grounds for revocation.

Whether or not your licensing authority chooses to act depends on which agency must act. I can predict which way that will go for our members in NYC, Nassau, Westchester, Suffolk County P.D., potentially Suffolk County Sheriff, Erie, Onondonga, Albany County, etc.
Click to expand...
Now let me ask you this. So you obey the law and God forbid a black bear, wild hog, cougar, or coyote attacks yourself or a member of your family, would you rather suffer through that horrific event during and afterwards or would you have rather lost your license and gun collection?
 
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