I'm confused about Concealed Carry in NY
- Thread starter DoD1776
- Start date
In the state of New York, the word used for ‘brandishing’ is ‘menacing’. Law 120.14 states menacing in the second degree as:
An individual is considered ‘menacing’ when he or she puts another in reasonable fear of physical injury or death by knowingly displaying a dangerous instrument with intent to harm. The dangerous instrument may appear to be a pistol, rifle, revolver, machine gun, shotgun or other firearm.
If the firearm is unlicensed, loaded, in your place of residence, on your person or in your car you may face a 3.5 year automatic prison sentence. This sentence can be applied to those with no prior convictions.
Even if you are unaware of or do not understand gun and weapon laws in the state of New York, you may still go to jail. If you possess a permit from another state without a New York permit, you can still be charged with this offense.
A conviction of violation of Law 120.14 proves that:
1. On a certain date you the defendant possessed a firearm.
2. That you possessed the firearm knowingly.
3.That the firearm was operable and loaded. Under New York law ‘loaded’ may mean the bullets are in a gun case or pocket. The charge can still be leveled against the defendant as the bullets were readily available.
4. That you the defendant possessed the loaded firearm with intent to use it unlawfully against another.
This is a Class C felony.
This is the short answer. Here's my permit. NY ONLY issues concealed carry permits. Anybody with a NY permit can legally carry. Now if you have restrictions printed on it, you are still legal to carry it on you, although if your issuing judge finds out about it they may or may not revoke it for not following his added bs restrictions.
Mine came with a fun letter stating that "neither the pistol or holster needs to be covered, but it is highly recommended" I will post a pic of letter when I am out of work
Deplorable Me
.700 Nitro Express
One of the many problems with NY gun laws/permits is the counties are allowed to impose their own set of additional rules upon the existing state rules. An administrative feudalism if you will.
Let me start by saying I think it is highly unlikely that a 14 to 20 y/o grandson would ever be charged for shooting his grandpa's pistol (target shooting) but not sure it is strictly legal in NYS unless grandpa is OPs legal guardian (or has parents permission in writing) and has hunters safety certificate (or is a military officer, NRA pistol instructor, etc) And such shooting is conducted at an actual range not in grandpa's back yard. The law here is clear as mud LOL.
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Marine Cpl
.577 Tyrannosaur.
The troll wants to be a moderator now. 
NYS PENAL LAW § 265.20 7
It is completely legal. A minor is "Allowed" to shoot handguns in NY State
Yes, subject to provisions in section you cited and I was referring to. Got it.
The op is a kid still in school asking a question he knows nothing about.
But thanks for blessing us with your wisdom again.
The kid also has a lot of friends here on the forum! Unlike Ignored Member!!!
Doc8404
.450/400 Nitro Ex
who? where? what?
ArmedCorgi
.475 A&M Magnum
I remember having friends.
Me as well, the kid is 16 years old and trying very hard to learn and loose his ignorance. You see, the way you learn is by asking questions and getting answers from more knowledgeable members.
It is something that we do here. He is not trolling, he probably heard something from his grandfather, read something different here and is now a bit confused.
Acer-m14
20×102mm Vulcan
And at times we give some good old bull crap and he brushes it off with a good laugh and comes back ...
spat
.700 Nitro Express
And thats why we like him
I really hate doing this but.......not true.
You can use deadly force to stop a buglary, even if it is inly 1 dollar. In any dwelling you are in control of, including a garage, if its your business.
1. A person may, subject to the provisions of subdivision two, use physical force upon another person when and to the extent he or she reasonably believes such to be necessary to defend himself, herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful physical force by such other person, unless:
(a) The latter's conduct was provoked by the actor with intent to cause physical injury to another person; or
(b) The actor was the initial aggressor; except that in such case the use of physical force is nevertheless justifiable if the actor has withdrawn from the encounter and effectively communicated such withdrawal to such other person but the latter persists in continuing the incident by the use or threatened imminent use of unlawful physical force; or
(c) The physical force involved is the product of a combat by agreement not specifically authorized by law.
2. A person may not use deadly physical force upon another person under circumstances specified in subdivision one unless:
(a) The actor reasonably believes that such other person is using or about to use deadly physical force. Even in such case, however, the actor may not use deadly physical force if he or she knows that with complete personal safety, to oneself and others he or she may avoid the necessity of so doing by retreating; except that the actor is under no duty to retreat if he or she is:
(i) in his or her dwelling and not the initial aggressor; or
(ii) a police officer or peace officer or a person assisting a police officer or a peace officer at the latter's direction, acting pursuant to section 35.30; or
(b) He or she reasonably believes that such other person is committing or attempting to commit a kidnapping, forcible rape, forcible criminal sexual act or robbery; or
(c) He or she reasonably believes that such other person is committing or attempting to commit a burglary, and the circumstances are such that the use of deadly physical force is authorized by subdivision three of section 35.20
From 35.20
A person in possession or control of, or licensed or privileged to be in, a dwelling or an occupied building, who reasonably believes that another person is committing or attempting to commit a burglary of such dwelling or building, may use deadly physical force upon such other person when he or she reasonably believes such to be necessary to prevent or terminate the commission or attempted commission of such burglary.
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Slippery slope right there... problem comes down to whether or not "a reasonable person" would believe it necessary to have used deadly physical force to stop the burglary. If it were over a $1 good luck in court!
This is actually a good thread to remind ALL who carry and own guns to study up on the Penal Codes as well as Article 35.
Knowing the law just may save you. Sure they are a bit complicated, but if you search enough, you will find all the answers needed to protect your actions.
Knowing the law just may save you. Sure they are a bit complicated, but if you search enough, you will find all the answers needed to protect your actions.
Just found out they have restricted, they said the only way they were able to get unrestricted was to carry money on them, I don't know why but eh
I don't know how long they have had their permits, but as I understand it, it can be very difficult to get an "Unrestricted" one in Onondaga County presently.
It's just a typical example of why handgun owners should never delay trying to get any restrictions removed ,- especially since the judge situation can change and you could be out in the cold...just ask the people in St. Lawrence county, where the judge absolutely refuses to issue Unrestricted permits to anyone,- and that SOB will be in office there for another 10 years!
Snappo
6.5 Creedmoor
When I get in the car I take my pistol and put it in the center console until I get where I am going - just to be more comfortable. I have decided to ditch using my 1911 Officer in favor of my Airweight 637 at least for the summer. I just ordered some speed loaders for it, and some cool grips.
Snappo
6.5 Creedmoor
Did they ever find out why someone in a ghillie suit was on their property? When I am outside of the house and on my land I carry a Galil. God help anyone I see on my land without permission.
no, never confronted him. My grandpa flips when people are on his land