Carrying legality question

nfernaays

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I have a NYS Sport/ Recreation handgun permit and carry in the field when hunting. My question is if I go back to my truck and I am going to another hunting location, or if i am traveling to my hunting camp (around 2 hours away) can I carry my revolver loaded in my holster? Where does the sport/ rec line get crossed into the carry concealed world? Can I stop and get gas on the way if i keep it concealed? Id rather not leave it in my truck if possible. Silly question and i am sure there are 100 what ifs but id like to be on the right side of the law.
 
SomeSoldier

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You would probably get a faster answer if this was posted in laws and politics.

As to your question, there isn't a written answer and the restrictions are created by the judges, so only they know the answer. And the answer will vary from judge to judge. There is nothing in penal about restrictions.
 
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togmaster

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You can carry to and from where you hunt without being in violation your restriction. 5 Min. drive or 8 hour drive makes no difference.
 
GOPerfect

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This really all depends on who you ask.

Some will respond with, "Concealed is Concealed".

Others will tell you no, lock it up.

Then still others, like myself, will say that the restrictions are NOT law. They are placed by Judges who believe they have more power than they really do. You are not breaking any LAWS by ignoring these stupid restrictions!
 
Cooolone

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As noted, the "Law" is the law... There is no such thing as a "Sportsman" license, there is no requirement to have it locked up in your trunk, there is no duty to declare... etc., etc.

Much of what you "think" you know about owning, carrying, using, that firearm are a collection of folklore and old wives tales!

I suggest you read all the pertinent laws regarding and governing exercising your so called Rights with that thing... Because although it's maybe ok to ask a question "online"... You really should know it seeing as you have it... The law is pretty clear IMO! The uncertainty comes when you ask this person or that, an Law Enforcement Officer, a county clerk, your neighbor... Lol

But yes, concealed is concealed!
:D
 
Deplorable Me

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Restrictions are a county by county imposed item on our permits. The sport/recreation restrictions are exclusive to your county. Erie has a target/hunting subclass vs unrestricted. Niagara has absolutely no restrictions, you have a permit or you don't. My understanding is Albany county has no provisions for unrestricted.

The negative of restrictions, in addition to the obvious, is some PA counties hold it against you if applying for a reciprocal PA ccw permit.

How does it feel to live in a feudal society?
 
ArmedCorgi

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GOPerfect said:
This really all depends on who you ask.

Some will respond with, "Concealed is Concealed".

Others will tell you no, lock it up.

Then still others, like myself, will say that the restrictions are NOT law. They are placed by Judges who believe they have more power than they really do. You are not breaking any LAWS by ignoring these stupid restrictions!
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Which leads us to the REAL question being asked. Considering an officer will be the initial person responding to or having it disclosed to that someone who has a "restricted" permit is carrying, what is likely to happen? Is said officer upon seeing a "restricted" permit going to grill the permit holder about what they are doing to the exact minute or do most LEO's see a handgun license and leave it at that? Or are they likely to contact that persons judge in the hopes of fucking them over?
 
GOPerfect

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ArmedCorgi said:
Which leads us to the REAL question being asked. Considering an officer will be the initial person responding to or having it disclosed to that someone who has a "restricted" permit is carrying, what is likely to happen? Is said officer upon seeing a "restricted" permit going to grill the permit holder about what they are doing to the exact minute or do most LEO's see a handgun license and leave it at that? Or are they likely to contact that persons judge in the hopes of fucking them over?
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Too be completely honest, most cops have no clue. Most do not have Pistol Permits. Most have never gone through the process. They have little to no understanding of what is written at the bottom of a permit. If "caught" with a gun, most are going to ask for a permit. That is it.
 
ArmedCorgi

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GOPerfect said:
Too be completely honest, most cops have no clue. Most do not have Pistol Permits. Most have never gone through the process. They have little to no understanding of what is written at the bottom of a permit. If "caught" with a gun, most are going to ask for a permit. That is it.
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Which unfortunately is cold comfort. Obviously you can't speak for every officer out there and lacking any state standard what can you guys really be expected to do? It sucks because it very much does act as a chill effect to someone who is wanting to carry, yet be respectful of their "restrictions" on that regard, since after all, it's their judge who would take their rights away.
 
Marine Cpl

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It boils down to the unlikely chance you have to produce a permit as a law abiding citizen. You aren't going to be breaking laws and caught and then searched.

Then you have to have the unlikely chance that the officer takes it upon himself to contact your judge.

Then you have to have the judge get mad enough that you disobeyed him where he revokes or suspends your permit.

None of this is an issue if you conceal properly without printing and don't break any laws. Also, don't go around declaring that you are armed if caught speeding. Just produce what he asks you for (license and registration) and accept your ticket like a man.
 
ArmedCorgi

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spat said:
You are not risking a conviction by doing so, but you are putting your permit at risk.

You need to weigh the value of that risk vs the alternative for yourself.
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Which is a situation that is dubious and therefor not applicable when concerning civil rights...at least not in free America. However, we all know gun ownership in NY is a privilage and not a Constitutional right so the gray area reins.
 
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Justincase

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I wonder the same thing when I'm going to and coming home from the gun club. I know what I learned in the pistol permit class, and I know what my permit reads on the bottom of it, but I can't decipher what the law says regarding this. It's almost as though it was written to be as vague as possible on purpose...o_O
 
ArmedCorgi

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Justincase said:
I wonder the same thing when I'm going to and coming home from the gun club. I know what I learned in the pistol permit class, and I know what my permit reads on the bottom of it, but I can't decipher what the law says regarding this. It's almost as though it was written to be as vague as possible on purpose...o_O
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That's on purpose, to discourage ownership and exercising of basic rights.
 
masterswimmer

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Here's one perspective.....

I got my permit 30 years ago. At the time I was issued a restricted permit (hunting, fishing, etc). After about 25 years I decided to submit an amendment to remove the restrictions. I wrote a letter, attached it to the amendment form and sent it to the pistol permitting office. I received a letter stating that I needed to appear before the judge for an interview.

The day I was required to appear I donned a suit and tie and went to the county courthouse. When I entered the courtroom I was a bit early so court was not in session yet. The court officer approached me and asked if I was 'on the job'. Guess I gave that appearance since none of the other people there had suits on. And he must have known all the lawyers and I wasn't one of them. Anyway, I explained my reason for being there. He said, 'restrictions'? What's that? I chuckled. I waited for the judge to call me.

When I was called and approached the bench the judge immediately started talking. Didn't give me an opportunity to say one word. He saw my file, and said, 'You already have your concealed carry permit'. I explained that I wanted to request the restrictions to be lifted. He said, 'I see that'. Then he said, 'there are no such things as restrictions, you either have a concealed carry permit or don't.' I didn't want to get into a pissing match with my issuing judge, especially since he had the same opinion of the administrative restrictions I had. Nevertheless, he said, 'no problem, your restrictions are now off your permit. You'll receive the new one in the mail in about two weeks'.

About 3 days later my new, unrestricted permit arrived. Couldn't have gone any better. The only problem I have, not all judges in Orange County have the same view of the administrative restrictions. Unfortunately my issuing judge is now retired. :(
 
Cooolone

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Too much creedance is lent to these so called "restrictions"...

This is a "Right", Not a drivers license...

Either you do, or you don't! There's no middle ground!

The State of NY already placed restrictions upon your "Rights" by denying open carry. So in order to have and possess outside your home, you are requited to obtain a "permit" in the county you reside. The issuing authority is usually a Judge...

That all said, the "Judge" cannot legislate from the bench! Any and all so called "restrictions" are an administrative attachment and have very little sway in the rule of law. People worry about way too much BS!

You aren't going to lose your "Rights" because you violated your administrative restrictions placed upon your ability to exercise your 2nd Amendment Rights! Fact is people pussy out... If you ever have a problem in this regard, strict based upon the issue of carrying outside your restriction and you lose your permit, challenge it all the way! You will win! But the system is designed to make that an arduous process and only those with true mettle would do it. They are distinctly aware of this, so they'll play with you and say you're revoked and can reapply in 12 months, etc., it's all bullshit!

Now there's people who'll post this guy or that lost their permit, but they'll neglect to identify that they also had drugs on them, or were breaking half dozen other laws, or were multiple conviction losers and more! You'd have a hard time finding a true and pure 2A case on this subject. I know I asked for anyone to provide case history of such, I'm still waiting...

As for the matter, in my decades of carrying, I've never ever once been asked if I'm carrying or for my permit...

So again, Not too sure what all the worrying is about!
 
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Yes OP. You can C.C your handgun while traveling to another hunting location. You can stop for gas or a meal (but no bars) while C.C.
If you have the opportunity (depending on where you live) I would try to apply to have the restriction removed. good luck.
 
masterswimmer

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masterswimmer said:
Couldn't have gone any better.
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MoMan said:
Actually it could have gone a lot better!
Like not having to grovel, beg, bowing submissively to a judge, etc..
Like not infringing on your Constitutional Rights..... PERIOD!
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I live in NYistan. I'd be either delusional or worse, labeled a mental defective to expect constitutional carry in this state.

So yes I stand by my comment that it couldn't have gone any better.
 
HIghlander

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If only used for hunting or sport why conceal carry? Just lock it up and wait to carry on site. NO worries then. Go thru the process of getting a concealed permit and then no worries either. My :2cents:
 
masterswimmer

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HIghlander said:
He said he has a NYS Sport/ Recreation handgun permit not Concealed permit.
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No such thing as a NYS Sport/Recreation handgun permit. At the top of his permit it clearly states Concealed Carry. Added to that distinction is an administrative restriction by the issuing judge. The administrative restriction for sportsmen is not a legal restriction. If he were to get caught CC'ing outside the restriction he could not be arrested. The issuing judge could conceivably revoke his permit though. Once again, convoluted because not all judges would revoke his permit.
 
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