Truebeliever
6.5 Creedmoor
She was a counter protester , she’s pro -Israel and Jewish
NYS Long-gun open carry audit where???
- Thread starter truthspreader99
- Start date
Saltwater60
.950 JDJ
But she wasn’t charged with open carrying and I saw pictures of her with the entire back of the gun sticking out of her front waistband. What’s the charge for open carrying? I’ve seen brandishing here but that’s a specific charge and has to do with the gun being shown in a threatening manner. Having a gun in a holster is not threatening unless words are said to make it that way.
Let me be clear I don’t and I don’t think open carrying is a good idea in NYS.
Brawny71
.45 acp
Oh missed that
Oh boy... Can't believe this thread made it to page 2...
NY won't let you take a shit unless you ask permission first! Get over it already! And unless everyone, every firearm owner in this state begins to challenge the elite ruling class by open carrying and taking the hit to take down the rules they make you live by, it's silly to argue about here.
Just my opinion, as I've no longer got any dog in this fight!
Carry on!
NY won't let you take a shit unless you ask permission first! Get over it already! And unless everyone, every firearm owner in this state begins to challenge the elite ruling class by open carrying and taking the hit to take down the rules they make you live by, it's silly to argue about here.
Just my opinion, as I've no longer got any dog in this fight!
Carry on!
Brawny71
.45 acp
Brandishing, with the correct circumstances, is based on the offended’s fear. “I saw the gun and I was terrorized”. Brandishing with malaise would be the next highest. It is also why loaded or unloaded don’t matter.
Truebeliever
6.5 Creedmoor
The charges she would have gotten as a normal person arrested at the scene would CPW in the third degree, meancing in the second degree and CPW 265.01-a/b ( I forget which one.) Her permit is no good if it’s not concealed
byron
.308 Win
Gun Brandishing Conviction Vacated After Supreme Court Decision
Second Circuit vacated a New York man’s firearm brandishing conviction after the US Supreme Court held that his predicating charges, including Hobbs Act robbery, don’t qualify as violent crimes.
Gun Brandishing Conviction Vacated After Supreme Court Decision
my take is that for brandishing just seeing it does not fit the definition need some sort of intent
RedBreast21
.223 Rem
stokes
.338 Win Mag
Yes, she removed the firing pin before they came the next day to take the gun. When they took it, it was an inoperable firearm. If they charged her the charges would have had to be dropped, so it was DP'ed before she was arrested. No special treatment.
Truebeliever
6.5 Creedmoor
Brandishing isn’t a legal term here. Did she display the gun to intimidate or place people in fear? To send message? Probably. But the 265.02, 265.01A/b charges require an operational firearm . The DA excepted that firearm was not functional— I don’t believe it wasn’t but they went with it .
PL 120.14
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”She is definitely guilty of this if they can say her intent was to scare the protestors .
Acer-m14
20×102mm Vulcan
so then LEO can be arrested for menacing then for open carry ..
all you have to do is yell deadly gun and freak out from your feelings ..
what was it .. Starbucks told LEO to leave there guns in the car ...
spat
.700 Nitro Express
Exactly, bad idea for a variety of reasons, but not a crime.
Truebeliever
6.5 Creedmoor
Now, you have to go to case law. And yes, back in the 1980s or 1990s , a DA did attempt to charge a police officer with attempted meancing in the 2nd degree by placing his hand over his holster as trained . The judges tossed it out .so then LEO can be arrested for menacing then for open carry ..
all you have to do is yell deadly gun and freak out from your feelings ..
what was it .. Starbucks told LEO to leave there guns in the car ...
Go back to article 35 in criminal procedure law and when you can use force or threaten the use of force . A police officer can use force or threaten force at times a non LEO can’t.
NYS law is so screwed up because everything is illegal unless there is an exception in the law. But those exceptions are all over the place
Example , you can’t assault someone under the penal law but the athletic law has exceptions for boxing and martial arts . Ever wonder how illegal Billy clubs are at those martial arts classes or can be sold in stores?
John Stark
.44 mag
People talking about NY "law" concerning the Second Amendment vis-a-vis open carry, without talking about what is the actual overriding law (the US Constitution via the 14th Amendment), and the current, controlling case law (Heller, etc.), which was based on the "history, text, and tradition" of the nation when the Second Amendment was ratified, is utter foolishness.
Broken Record: Heller made it clear by explicitly stating that, "open carry is the right protected" by the Second Amendment.
That is exactly where things legally stand right now and since Heller was decided.
Will NY officials engage in treason and tyranny, and arrest people in NY for openly carrying?
Yes. Obviously the despots and their jackboots will enforce the illegal "laws" they've ginned up since UnSafe to violate the Rights of NYers. Its clearly been an ongoing, terrible situation.
However, that does not change the fact of what the Law and precedent demand at this point.
Per Heller, it is lawful to open carry in every State of the Union. It is the RKBA that is protected.
NY is way beyond usurping the authority of our highest level of judicial remedy.
The officials in NY are rebels who are daily violating Federal law and the Rights of the People who live in this shithole.
They are nothing but rogue turncoats.
Too bad NYers have completely rolled over on their Rights, and refused to exercise them.
Broken Record: Heller made it clear by explicitly stating that, "open carry is the right protected" by the Second Amendment.
That is exactly where things legally stand right now and since Heller was decided.
Will NY officials engage in treason and tyranny, and arrest people in NY for openly carrying?
Yes. Obviously the despots and their jackboots will enforce the illegal "laws" they've ginned up since UnSafe to violate the Rights of NYers. Its clearly been an ongoing, terrible situation.
However, that does not change the fact of what the Law and precedent demand at this point.
Per Heller, it is lawful to open carry in every State of the Union. It is the RKBA that is protected.
NY is way beyond usurping the authority of our highest level of judicial remedy.
The officials in NY are rebels who are daily violating Federal law and the Rights of the People who live in this shithole.
They are nothing but rogue turncoats.
Too bad NYers have completely rolled over on their Rights, and refused to exercise them.
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All of this could be taken care of, IF the cops upheld the oath they all took.
If a bureaucrat tried to arrest anyone they would be laughed off the property.
The cops, feds, etc, with the gun and badges are who keep the corruption going.
If a bureaucrat tried to arrest anyone they would be laughed off the property.
The cops, feds, etc, with the gun and badges are who keep the corruption going.
truthspreader99
22lr
Cops are not loyal to any oath or constitution.
They are only loyal to their paycheck and pension.
If the higher ups say gun scary gun bad, then they are going to operate as such.
They are only loyal to their paycheck and pension.
If the higher ups say gun scary gun bad, then they are going to operate as such.
ManualF150
.308 Win
Some cops act like robots. Like they don't use any common sense or reasonable judgement. They just follow orders to the T without any diversion or educated reasoning. To the point where I've seen some get smacked down by their supervisor (that has common sense) because of it.
I'll never forget the time I got an apology by a patrol supervisor because of a "robot cop" coworker.
Robin
.577 Tyrannosaur.
Heck, those cops could'a cleaned up Memorial day!!!! All those parades, all those Vets, armed to the teeth forming up the color guard and firing squad!
Fuck this shit hole state!
Robin
Fuck this shit hole state!
Robin
Saltwater60
.950 JDJ
Brandishing is not defined in NYS law but menacing is and having a gun in a holster is not menacing.
USCCA says open carrying of a gun is not covered under NYS law so I’m going with them. It really doesn’t matter to me because I’m not going to open carry anyway.
Attachments
Brawny71
.45 acp
This blog is a great validation. Many knowledgeable and motivated people who can’t answer what SHOULD be an easy question of law.
It's not uncommon to see someone open carrying a long gun around where I live.
I often do it during the hunting season.
Ive had Sheriffs and DEC drive by and wave.
Oh yeh, did I forget to mention this is during hunting season usually?
But, its not uncommon to see an Amish dude walking down the road with a shotgun all year around.
In the summer months I often walk my dogs down the road with my GP100 on my side, "loosely" covered by a tshirt.....or maybe not.....the shirt has a mind of its own. The rare occasion a Sheriff or Trooper pass, they just wave.
I often do it during the hunting season.
Ive had Sheriffs and DEC drive by and wave.
Oh yeh, did I forget to mention this is during hunting season usually?
But, its not uncommon to see an Amish dude walking down the road with a shotgun all year around.
In the summer months I often walk my dogs down the road with my GP100 on my side, "loosely" covered by a tshirt.....or maybe not.....the shirt has a mind of its own. The rare occasion a Sheriff or Trooper pass, they just wave.
stokes
.338 Win Mag
Amish? But there were no shotguns in the bible
They love their boomsticks!
ManualF150
.308 Win
There was a guy, a lot of mornings I'd be going to work, and he'd be carrying a rifle to go to the range on a sling with an ammo box. Just walking down the street with no care in the world. One day he just vanished from my morning commute. Not sure if someone made a big deal about it, or he finally got sick of people bothering him and now drives the short ways to the range.
Saltwater60
.950 JDJ
Amish are huge hunters. They love to shoot deer any day of the year.
Some even bow hunt!
You may remember when I was having issues with poachers, all year around on our property. We went through a whole thing with the DEC trespassing for a year after the case was "solved". They only stopped putting up cameras after a judges order.
You always know when an Amish has been hunting in an area. They cut off all the meat, and leave the guts, skin and bone. Some take the hide, but most don't.
Thats what gave us the first idea it was Amish poaching our deer.
Saltwater60
.950 JDJ
They think they can do whatever they want honestly and it aggravates me sometimes. They hunt all year long by my parents place and clean the small lakes of fish too. This is why they put limits on pan fish in numbers and in size now. The Amish have decimated the crappie populations in many small lakes in WNY and now they need to be 10”’s to keep. A 10” crappie is big. Many lakes now you have to catch an 8” sunny or bluegill to keep it. My problem is they don’t follow it anyway and the rules change all the time now so it’s hard for me to keep up with them.