Open carry of rifle/shotgun legal in most of NYS

[ronstar]

Fun fact guys: according to NY State law, there is NO rule or law against the open carry of a rifle or shotgun, loaded and unloaded, in public in the State of New York.

Open carry of a handgun is illegal in the state except for police, military, or obviously to save someone's life. But there is NO law against open carry of a shotgun or rifle.

NYC however specifically bans this act, with a lesser punishment if the gun is unloaded. Mamaroneck also bans guns from govt. buildings.

Of course you cannot legally discharge a rifle/shotgun in New York State unless its on your property at least 500' from the nearest dwelling owned by someone else, at a shooting range, or in your dwelling or in an emergency in public for purposes of self defense of yourself or another and deadly force is required.

 

[Acer-m14]

can i open carry a bb gun pistol in a holster ??

GLOCK G19 GEN 3 .177 BB PISTOL

buy GLOCK G19 GEN 3 .177 BB PISTOL online

www.umarexusa.com

 

[Cavalry]

Sure you can open carry a long gun, but where are you going to carry it? A long gun will now be treated the same as a concealed pistol with "sensitive places" What that means is anyones guess.

 

[Vantrepes]

One complaint (oh, and you bet there will be) and you're facing a menacing or disturbing the peace charge. Out in the sticks, it's not uncommon to see a hunter during the season carrying a long gun, no one cares. Try that in the burbs, and it's going to get attention.
In short, you might beat the wrap, but you won't beat the ride.

 

[Paperpunch]

That is correct however it only applies the semi-auto

Sure you can open carry a long gun, but where are you going to carry it? A long gun will now be treated the same as a concealed pistol with "sensitive places" What that means is anyones guess.

 

[Cavalry]

That is correct however it only applies the semi-auto

Negative. It is all firearms, shotguns and rifles.

265.01-e.1
A person is guilty of criminal possession of a firearm, rifle or shotgun in a sensitive location when such person possesses a firearm, rifle or shotgun in or upon a sensitive location, and such person knows or reasonably should know such location is a sensitive location.

 

[SomeSoldier]

Fun fact guys: according to NY State law, there is NO rule or law against the open carry of a rifle or shotgun, loaded and unloaded, in public in the State of New York.

Open carry of a handgun is illegal in the state except for police, military, or obviously to save someone's life. But there is NO law against open carry of a shotgun or rifle.

NYC however specifically bans this act, with a lesser punishment if the gun is unloaded. Mamaroneck also bans guns from govt. buildings.

Of course you cannot legally discharge a rifle/shotgun in New York State unless its on your property at least 500' from the nearest dwelling owned by someone else, at a shooting range, or in your dwelling or in an emergency in public for purposes of self defense of yourself or another and deadly force is required.

Point to the law that states open carry of a pistol is illegal.

Point to the law that states its not for LEOs and security.

 

[ronstar]

Point to the law that states open carry of a pistol is illegal.

Point to the law that states its not for LEOs and security.

Possession of a firearm in NY is illegal.

Exceptions to this law include: a rifle or shotgun, or a handgun with a NY pistol permit. There is no such thing as a open carry unrestricted pistol permit. Its premise, business, or concealed carry.

 

[Beerman]

Can you cite existing code that explicitly states that open carry of a handgun, pistol, revolver, etc is unlawful?

 

[Saltwater60]

Possession of a firearm in NY is illegal.

Exceptions to this law include: a rifle or shotgun, or a handgun with a NY pistol permit. There is no such thing as a open carry unrestricted pistol permit. Its premise, business, or concealed carry.

Walk down the street in NYS with a gun showing or open carrying and let me know how that goes for you. I know in my town the police would be called nearly immediately.

 

[SomeSoldier]

Possession of a firearm in NY is illegal.

Exceptions to this law include: a rifle or shotgun, or a handgun with a NY pistol permit. There is no such thing as a open carry unrestricted pistol permit. Its premise, business, or concealed carry.

There are no such things as restrictions anymore and my license just says that I am allowed to carry. Doesn't say concealed. Also point to the law that says it must be concealed.

 

[Acer-m14]

buy a shotgun .. pun intended .. and a hunting license .. woodchuck is open all year .,.

 

[ronstar]

There are no such things as restrictions anymore and my license just says that I am allowed to carry. Doesn't say concealed. Also point to the law that says it must be concealed.

The law says "concealed carry".

 

[ronstar]

This is the law that allows handgun carry in public. It states:

f) have and carry concealed, without regard to employment or place of possession, by any person when proper cause exists for the issuance thereof"

Article 400 | NYS Penal Law | Licensing Provisions Firearms

Any owner in possession of a firearm who suffers the loss or theft shall within twenty-four hours report the loss...

ypdcrime.com

 

[Truebeliever]

Fun fact guys: according to NY State law, there is NO rule or law against the open carry of a rifle or shotgun, loaded and unloaded, in public in the State of New York.

Open carry of a handgun is illegal in the state except for police, military, or obviously to save someone's life. But there is NO law against open carry of a shotgun or rifle.

NYC however specifically bans this act, with a lesser punishment if the gun is unloaded. Mamaroneck also bans guns from govt. buildings.

Of course you cannot legally discharge a rifle/shotgun in New York State unless its on your property at least 500' from the nearest dwelling owned by someone else, at a shooting range, or in your dwelling or in an emergency in public for purposes of self defense of yourself or another and deadly force is required.

You forgot that licensed armed security guards can open carry as well

 

[Truebeliever]

This is the law that allows handgun carry in public. It states:

f) have and carry concealed, without regard to employment or place of possession, by any person when proper cause exists for the issuance thereof"

Article 400 | NYS Penal Law | Licensing Provisions Firearms

Any owner in possession of a firearm who suffers the loss or theft shall within twenty-four hours report the loss...

ypdcrime.com

Is that how it reads after the recent changes?

 

[SomeSoldier]

This is the law that allows handgun carry in public. It states:

f) have and carry concealed, without regard to employment or place of possession, by any person when proper cause exists for the issuance thereof"

Article 400 | NYS Penal Law | Licensing Provisions Firearms

Any owner in possession of a firearm who suffers the loss or theft shall within twenty-four hours report the loss...

ypdcrime.com

Ok, now point to the law that permits cops and security guards to open carry.

 

[US RIFLE M1A]

Ok, now point to the law that permits cops and security guards to open carry.

There isn't any.

 

[Truebeliever]

There isn't any.

The armed security guards have it in the general business law.
Police and peace officers can because they are generally immune from weapons possession laws

 

[US RIFLE M1A]

The armed security guards have it in the general business law.
Police and peace officers can because they are generally immune from weapons possession laws

If you know where it is, I would appreciate that. I have been looking for quite some time, and I have found everything I have been looking for except that. The only way I am sure is that the DA, judges and the sheriff walk past my post every day and don't say anything except hello.

 

[SomeSoldier]

There isn't any.

Ding ding ding, we have a winner. Also business law is not penal law. So the answer is right in the original law posted.

f) have and carry concealed, without regard to employment or place of possession, by any person when proper cause exists for the issuance thereof"

 

[Truebeliever]

Dig dig dig, we have a winner. Also business law is not penal law. So the answer is right in the original law posted.

f) have and carry concealed, without regard to employment or place of possession, by any person when proper cause exists for the issuance thereof"

New York State laws and it’s exceptions are hidden all over the place. The penal law doesn’t ban loaded long guns in a vehicle . That’s in the conservation law.
The exception to an assault charge if you and someone else do boxing isn’t in the penal law.
New York State’s law tradition is to ban everything then make exceptions— just look how firearm laws are written. They are banned except for……

 

[SomeSoldier]

New York State laws and it’s exceptions are hidden all over the place. The penal law doesn’t ban loaded long guns in a vehicle . That’s in the conservation law.
The exception to an assault charge if you and someone else do boxing isn’t in the penal law.
New York State’s law tradition is to ban everything then make exceptions— just look how firearm laws are written. They are banned except for……

That's my point. The law I pointed at is the exception. I am pretty sure that pointing to business law will not excuse you from penal charges.

 

[US RIFLE M1A]

f) have and carry concealed, without regard to employment or place of possession, by any person when proper cause exists for the issuance thereof"

So the legality of my actions for the past 40 years has been based on word salad gibberish. Thanks for the clarification.

 

[SomeSoldier]

So the legality of my actions for the past 40 years has been based on word salad gibberish. Thanks for the clarification.

Take this with a grain of salt as nothing has been proven in court and no lawyer will attest to it.

 

[Truebeliever]

That's my point. The law I pointed at is the exception. I am pretty sure that pointing to business law will not excuse you from penal charges.

No, it has the same power as the penal law. If it’s authorized in another part of the law, it negates it. Example, the law that covers boxing. A sanctioned boxing event is not an assault

 

[ronstar]

If you open carry a handgun, with a license, in any city or large town in NY you will STILL be arrested and charged with illegal possession.

 

[SomeSoldier]

No, it has the same power as the penal law. If it’s authorized in another part of the law, it negates it. Example, the law that covers boxing. A sanctioned boxing event is not an assault

If laws are conflicting which one wins? Who determines?

 

[US RIFLE M1A]

If laws are conflicting which one wins? Who determines?

I would look to 'affirmative defense' in that case.

Yes, I did punch him in the nose, but it was a boxing match at a boxing arena.

Yes, I did go 100 miles and hour but I am a race car driver and this is a race track.

Yes, I have a firearm, but it is a legal hunting area and I have a hunting license.

That sort of thing.

Who determines? First of all, you, in that you have to have one or more items of prima facie evidence to show the popo. Such as a my name on the boxing program. Or my name on the racetrack paperwork. Or my hunting license.

If that does not work, it's usually up to your lawyer and an overworked, inexperienced ADA.

 

[Truebeliever]

If laws are conflicting which one wins? Who determines?

An exception isn’t a conflict. But that is a good question, conflicting laws are what the courts and lawyers are for.