Dude open carrying. nobody freaked out!

[Eddie Gunks]

The sky is falling. The sky is falling.

It is not illegal to Open carry. If it does not clearly forbid it then it is not illegal. No where does it forbid open carry.

I dont care what you THINK chicken little........the sky is not falling.

Read the law. Carry the way you want.....but dont make assumptions cause you are chicken little.

 

[Marine Cpl]

The sky is falling. The sky is falling.

It is not illegal to Open carry. If it does not clearly forbid it then it is not illegal. No where does it forbid open carry.

I dont care what you THINK chicken little........the sky is not falling.

Read the law. Carry the way you want.....but dont make assumptions cause you are chicken little.

Says the guy who doesn't know the law, quotes dictionary definitions for laws, and uses glue on customer's barrels to permanently affix a device to bring it up to legal length in contrast to the 2 ATF approved methods.

 

[spat]

Dictionary definitions about possession from Merriam Webster don't apply to the penal laws.

As far as the penal laws not saying anything about open carry, read and refer to post 346 or any of my previous posts or continue ignoring it and and saying the same crap over and over without disputing it because if you try to dispute it, you cannot.

Fireworks are illegal. But, but how else will you celebrate the 4th of july? It happens all the time! Celebrating the 4th of July isn't illegal! Name one arrest in my upstate county relating to fireworks on the 4th of July!

What is POSSESSION? definition of POSSESSION (Black's Law Dictionary)

What definition of "have" do you think they mean to use in PL400 if not possession ?

Possession is the only criminal charge that could possibly be applied to someone open carrying (aside from the previously mentioned "catch all" charges that can be applied to nearly anyone anytime). Someone with a PP is exempted from that charge.

There are dozens of good reasons to avoid OCing in NY, but neither PL265 nor PL400 are among them.

 

[Marine Cpl]

There are dozens of good reasons to avoid OCing in NY, but neither PL265 nor PL400 are among them.

Ok. Explain that in detail. Don't just say it. Start with what's illegal and then point to the exemption.

I've showed you mine now you show me yours.

 

[spat]

Ok. Explain that in detail. Don't just say it. Start with what's illegal and then point to the exemption.

I've showed you mine now you show me yours.

It's illegal to possess (have) a handgun in NY unless you have a PP.

That is it.

OC never enters into in.

 

[Marine Cpl]

It's illegal to possess (have) a handgun in NY unless you have a PP.

That is it.

OC never enters into in.

I knew you wouldn't be able to do it. Show me the exemption. Don't just say it.

 

[spat]

I knew you wouldn't be able to do it. Show me the exemption. Don't just say it.

From your own post a couple pages back:

The 6th type of license labeled letter "F" in Penal Law 400 which states,"To have and carry concealed without regard to employment or place of possession by any person when proper cause exists for the issuance thereof

It clearly exempts you from the only applicable charge (possession).

If it said "have while carrying concealed" you would be right, but it doesn't. It exempts you from the laws against having (possession) and from any that may forbid concealing otherwise legal weapons (at least with respect to your firearm).

 

[Marine Cpl]

From your own post a couple pages back:



It clearly exempts you from the only applicable charge (possession).

If it said "have while carrying concealed" you would be right, but it doesn't. It exempts you from the laws against having (possession) and from any that may forbid concealing otherwise legal weapons (at least with respect to your firearm).

"Have" doesn't mean open carrying. Sorry man. Having and carrying are two different things.

And if you look at the words "have"and"carry" in the penal law, you would see that they are 2 different words. If they were there same words, it would say, "to have and have concealed without regard to employment or place of possession. But that's not the case. "Have"and "Carry"mean two different things.

Here are the title of the type of licenses available. The damned title of the section distinguishes the differences.

S 400.00 Licenses to carry, possess, repair and dispose of firearms.

That says it all right there in the title. And guess what type of carry license you can get?

It's ridiculous at this point but what the hell. I like debating. I guess the next point you'll repeat is than how come no one ever gets arrested? How can you possess without carrying when you pick it up? I've already explained those as well.

 

[SomeSoldier]

You will never win a case against the state claiming PL400 doesn't forbid open carry no matter how great a lawyer you could find. They will say the law specifically gives permission to own or carry concealed.

Where does the law say own??

 

[SomeSoldier]

"Have" doesn't mean open carrying. Sorry man. Having and carrying are two different things.

And if you look at the words "have"and"carry" in the penal law, you would see that they are 2 different words. If they were there same words, it would say, "to have and have concealed without regard to employment or place of possession. But that's not the case. "Have"and "Carry"mean two different things.

Here are the title of the type of licenses available. The damned title of the section distinguishes the differences.

S 400.00 Licenses to carry, possess, repair and dispose of firearms.

That says it all right there in the title. And guess what type of carry license you can get?

It's ridiculous at this point but what the hell. I like debating. I guess the next point you'll repeat is than how come no one ever gets arrested? How can you possess without carrying when you pick it up? I've already explained those as well.

Not really concealed carrying is having. I would say it one step past having. Its concealing it while having it. Possession means to have something.

 

[Marine Cpl]

Not really concealed carrying is having. I would say it one step past having. Its concealing it while having it. Possession means to have something.

And that's what you are going to say to the court or to the issuing judge in the off chance that some police officer who has a bug up his ass decides to make an issue of it when you are in Walmart or if some libtard from NYC who's up there visiting calls 911 frantically and the cop has no choice but to go through the motions even though he doesn't want to?

 

[SomeSoldier]

And that's what you are going to say to the court or to the issuing judge in the off chance that some police officer who has a bug up his ass decides to make an issue of it when you are in Walmart or if some libtard from NYC who's up there visiting calls 911 frantically and the cop has no choice but to go through the motions even though he doesn't want to?

Nope, I'd hire a lawyer to argue for me.

 

[Marine Cpl]

Nope, I'd hire a lawyer to argue for me.

Why not hire one now and seek his advice? Pay him to take the law apart and give you the best interpretation he can to the best of his knowledge just like the NRA lawyers did.

 

[SomeSoldier]

Why not hire one now and seek his advice? Pay him to take the law apart and give you the best interpretation he can to the best of his knowledge just like the NRA lawyers did.

Don't need to written pretty clearly, shall not be infringed.

 

[Marine Cpl]

Don't need to written pretty clearly, shall not be infringed.

Ok. Man. Open carry away. No sweat off me. Do it in Walmart.

 

[spat]

"Have" doesn't mean open carrying. Sorry man. Having and carrying are two different things.

And if you look at the words "have"and"carry" in the penal law, you would see that they are 2 different words. If they were there same words, it would say, "to have and have concealed without regard to employment or place of possession. But that's not the case. "Have"and "Carry"mean two different things.

Here are the title of the type of licenses available. The damned title of the section distinguishes the differences.

S 400.00 Licenses to carry, possess, repair and dispose of firearms.

That says it all right there in the title. And guess what type of carry license you can get?

It's ridiculous at this point but what the hell. I like debating. I guess the next point you'll repeat is than how come no one ever gets arrested? How can you possess without carrying when you pick it up? I've already explained those as well.

Exactly, having and concealing are 2 different things. Having is the only thing prohibited in the law, unless you have a permit, then it's not prohibited.

Open carrying is not prohibited at all, by any law, and you can't show anywhere it is.

Why would it be illegal ?

 

[nortatoga]

 

[Marine Cpl]

Exactly, having and concealing are 2 different things. Having is the only thing prohibited in the law, unless you have a permit, then it's not prohibited.

Open carrying is not prohibited at all, by any law, and you can't show anywhere it is.

Why would it be illegal ?

This is beyond ridiculous already. I have multiple times. You haven't yet.

 

[spat]

This is beyond ridiculous already. I have multiple times. You haven't yet.

No place in the entire NY code do the words "open carry" appear.

No matter how many times you post the words "have and carry concealed" you will never get them to say "open carry is prohibited".

I haven't quoted anything because *IT IS NOT THERE TO QUOTE* and that is my *entire point*, open carry *is not mentioned*.

 

[Acer-m14]

S 120.14 Menacing in the second degree.
A person is guilty of menacing in the second degree when:
1. He or she intentionally places or attempts to place another person
in reasonable fear of physical injury, serious physical injury or death
by displaying a deadly weapon, dangerous instrument or what appears to
be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or

if its not pointed at you, you have no fear .. go to your safe space and FK off .. your feelings on whats on my shoulder or hip do not count ..

 

[ArmedCorgi]

Holy crap guys! Let's face it...

Is "open carry" mentioned anywhere in the law? It doesn't seem so, no.

Does the point of if it isn't specifically prohibited by law, then it is legal make sense? Yes. However, in NYS it would likely take an expensive lawyer to successfully argue that for you and it probably will not stop a rank and file LEO from arresting you on a complaint of openly carrying a hand gun in this state. YMMV.

Do hunters and trappers open carry while in the woods during the various hunting trapping seasons? Yes. YMMV.

Does carrying openly in the woods while hunting or trapping differ from openly carrying while going about your day-to-day in public? In NYS, yes I'd say it does, whether that is technically correct or not. YMMV. Open carry at your own risk. YMMV.

For the record, my permit says "License to carry pistol is hereby granted" nothing about concealed or open, just "carry". I have restrictions though, which is an entirely different argument also not really addressed by the language of the law. My Mileage May Vary.

 

[Acer-m14]

@ArmedCorgi .. never seen in law that i can not carry a bb pistol in a holster open either LOL ..

 

[ArmedCorgi]

@ArmedCorgi .. never seen in law that i can not carry a bb pistol in a holster open either LOL ..

YMMV

 

[Marine Cpl]

No place in the entire NY code do the words "open carry" appear.

No matter how many times you post the words "have and carry concealed" you will never get them to say "open carry is prohibited".

I haven't quoted anything because *IT IS NOT THERE TO QUOTE* and that is my *entire point*, open carry *is not mentioned*.

That's not how laws work when something is illegal of the bat. You need a specific exemption for it. I know you know this but are playing the fool to serve your purposes.

 

[Marine Cpl]

Holy crap guys! Let's face it...

Is "open carry" mentioned anywhere in the law? It doesn't seem so, no.

Does the point of if it isn't specifically prohibited by law, then it is legal make sense? Yes. However, in NYS it would likely take an expensive lawyer to successfully argue that for you and it probably will not stop a rank and file LEO from arresting you on a complaint of openly carrying a hand gun in this state. YMMV.

Do hunters and trappers open carry while in the woods during the various hunting trapping seasons? Yes. YMMV.

Does carrying openly in the woods while hunting or trapping differ from openly carrying while going about your day-to-day in public? In NYS, yes I'd say it does, whether that is technically correct or not. YMMV. Open carry at your own risk. YMMV.

For the record, my permit says "License to carry pistol is hereby granted" nothing about concealed or open, just "carry". I have restrictions though, which is an entirely different argument also not really addressed by the language of the law. My Mileage May Vary.

What your permit says on the top means nothing. It's what it says in the penal law.

 

[Marine Cpl]

It doesn't say that I can't conceal carry in NYC on Sundays if wearing a red t-shirt. That's the argument some of you guys are using.

 

[Acer-m14]

I'll ask a sheriff and a trouper i know about open carry .. and get what they say next time i see them .. i got the trouper on FB .. will see

Screw NYC ..

 

[Marine Cpl]

I'll ask a sheriff and a trouper i know about open carry .. and get what they say next time i see them .. i got the trouper on FB .. will see

Screw NYC ..

While you are at it, ask them if a bullet button is legal. I'm amazed that you don't know that you'll get 12 different answers from 8 different troopers.

 

[ArmedCorgi]

What your permit says on the top means nothing. It's what it says in the penal law.

Well, whatever. I'm still miffed that criminals get to carry however they want, wherever they want and without a permit.

 

[Acer-m14]

While you are at it, ask them if a bullet button is legal. I'm amazed that you don't know that you'll get 12 different answers from 8 different troopers.

i'm amazed that you didn't know i knew that too .. but its nice to know how the LEO in your or my area are thinking