HighlandLofts
6.5 Creedmoor
I think it was Gary Gilmore that was executed years ago, his last words were "JUST DO IT"
Dude open carrying. nobody freaked out!
- Thread starter Target
- Start date
Doc8404
.450/400 Nitro Ex
Marine Cpl
.577 Tyrannosaur.
Yep. That's my point. Accepted until it no longer is.
HighlandLofts
6.5 Creedmoor
I totally agree with you on this in New Yorkistan.
It is actually unlawful for LEO's to open carry as well unless on duty.
Day444
.223 Rem
Please tell me where one might find this information. (Exemptions in the NYS Penal Law 265 section?)
Can't find when it is legal for LEO's, Security Guards and a few others along this line to even open carry on duty. It's not clearly spelled out anywhere that I can find.
Against department policy, I'll buy.
Some might argue that a cop is always on duty. (...Even off the clock.)
Marine Cpl
.577 Tyrannosaur.
LEO's are exempt entirely from Penal Law 265. It is written in both Penal Law 265 and Penal Law 400.
We are only exempt via a license issued via Penal Law 400.
We are only exempt via a license issued via Penal Law 400.
Marine Cpl
.577 Tyrannosaur.
Now he gets off on thread killing. It's his second.
Day444
.223 Rem
Until or Unless they commit a violation of either while off duty.
Marine Cpl
.577 Tyrannosaur.
It doesn't specify whether they are off or on duty.
S 265.20 Exemptions.
a. Paragraph (h) of subdivision twenty-two of section 265.00 and
sections 265.01, 265.01-a, subdivision one of section 265.01-b, 265.02,
265.03, 265.04, 265.05, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36,
265.37 and 270.05 shall not apply to:
1. Possession of any of the weapons, instruments, appliances or
substances specified in sections 265.01, 265.02, 265.03, 265.04, 265.05
and 270.05 by the following:
(a) Persons in the military service of the state of New York when duly
authorized by regulations issued by the adjutant general to possess the
same.
(b) Police officers as defined in subdivision thirty-four of section
1.20 of the criminal procedure law.
(c) Peace officers as defined by section 2.10 of the criminal
procedure law.
Day444
.223 Rem
Now we get the damned CPL thrown in. But yeah, it doesn't mention anything about 'off duty' that I can find. Could it be a matter of the department or DA pressing charges under these laws?
Getting way off track.....
Getting way off track.....
Marine Cpl
.577 Tyrannosaur.
I don't understand your question. DA pressing charges to whom?
The ORIGINAL thrust of the thread that a persoN WHO WAS NOT IDed AS AN LEO, WAS SEEN TO BE OPEN CARRYING. The uninformed then chimed in saying of course it's OK, ask Tom Jefferson. I can only suppose there must be a storm in NY that is preventing anyone from doing anything better than commenting on this nonsense.
Day444
.223 Rem
A police officer who while off duty is accused of a weapons violation.
Day444
.223 Rem
Correct and in NYS that's a no no.
Marine Cpl
.577 Tyrannosaur.
How would he be accused of a weapons violation? I still don't understand. He's exempt as per NY law.
Day444
.223 Rem
I'm starting to not understand my own question.
Marine Cpl
.577 Tyrannosaur.
Lol. FUAC. He gets to us all!
Day444
.223 Rem
Yeah that's the truth. Guess there is really no way an LEO can be charged with a weapons violation, the exemption(s) seem to cover every scenario I can come up with. Even off duty or off the clock, an LEO still has certain Police Powers. (Having to act in the presence of a felony being committed.)
2WheelGnnr
6.5 Creedmoor
ive heard you can carry your sidearm if you security or leo or other in uniform on way to and from your work shift. has seen it a couple times at convenient store here in Rochester Area. Some are not in 100% uniform but close enough ( I think)
HighlandLofts
6.5 Creedmoor
I seen a older guy about my age at the store the other day open carrying a Glock. Left side, he probably has parkinsins. From the back side he looked like Don Knots in the movie, "The Shakiest Gun in the West" If he ever had to use it I feel sorry for any one close to the bad guy.
His hands shook so bad there is no way he'd hit a target at ten feet.
His hands shook so bad there is no way he'd hit a target at ten feet.
Carlos Hathcock
.450/400 Nitro Ex
"See that?"
Yeah, steady as a rock"
Yeah, but this is my shootin hand".
Gene Wilder-Blazing Saddles
Day444
.223 Rem
Some departments allow an Off Duty Officer to carry to and from work while in uniform. (Some departments stipulate the weapon that maybe carried. IE it also serves as a duty weapon, or the LEO has been qualified by the department.) Wearing any part of a (LEO) uniform can be considered "Color of Law". Yup, even just a Ball Cap.
Now the Rent a Cop things are a whole nutter story. They have no arrest powers, not even sure if their uniforms are considered Color of Law.
Reviving an old thread here, but just to be clear, you can in fact open carry any legal firearm in NY. I would think that doing so would cause a stir in certain situations, but you can do it.
The pistol permit gives you legal permission to conceal carry a pistol. The language explicitly allows for that. Why? Because the LEO community doesn't want criminals concealing handguns....that's been a huge source of crime in years past. So, by law, citizens can't do that unless they have a permit.
There is absolutely nothing in any of the laws that forbids the open carry of firearms, to include pistols. I see people open carrying pistols all the time for hunting and tracking out in the woods, walking private land or even hiking onto stateland to do some target shooting (where it is allowed).
Marine Cpl
.577 Tyrannosaur.
Because it's allowed, it doesn't mean it's legal. All Firearms in NY are illegal unless you have an exemption. A pistol permit is an exemption to only carry concealed. Penal law 265 says it's illegal unless exempted by Penal law 400. Penal law 400 says what and how you are exempted.
Police look the other way because they look the other way. But if you read the laws, they say otherwise.
Do you see the contradiction in that statement? Unless something is explicitly forbidden by the law, it is legal. The law tells you what you can't do; anything not mentioned there is, by default, legal.
Excepting the obvious (certain variants of semi-auto's, short-barreled shotguns and rifles, and machineguns), firearms are most definitely legal in NY. There are no "exemptions." People have to pass a background check to buy them, but I wouldn't consider than an "exemption."
The laws you refer to give you the legal authority to carry concealed. They do not forbid the open carry of pistols. If that were the case, would people be allowed to open carry on private land, at gun ranges or while hunting? Plenty of people do this all the time, sometimes in full view of the public and/or LEO's....I've never heard of a license-holder getting arrested for open carrying a pistol (at least in areas where firearms are allowed).