BDinPutnam
.475 A&M Magnum
Well, how are you supposed to hunt with a concealed pistol?
"Make your play, deer."
"Make your play, deer."
So what is the real truth about Handgun Hunting?
- Thread starter Devildog9999
- Start date
Marine Cpl
.577 Tyrannosaur.
Like this.
In all seriousness, it's just an oversight when the Sullivan Act was written that isn't enforced.
In other states where mere possession isn't illegal unless exempted, you can open carry while doing those activities. In some states you can throughout the state. Here you need to be exempted and there is no provision in the penal law to do so so it's ignored by us and them. Kind of like armed couriers for financial institutions. They have concealed carry licenses but it's ignored because it's stupid for a guy to be in a security uniform with an IWB and 2 belt clips showing while making pickups for Brinks.
This state is so stupid. They can't even write simple laws right. Look at the safe act. No exemptions for cops.
In all seriousness, it's just an oversight when the Sullivan Act was written that isn't enforced.
In other states where mere possession isn't illegal unless exempted, you can open carry while doing those activities. In some states you can throughout the state. Here you need to be exempted and there is no provision in the penal law to do so so it's ignored by us and them. Kind of like armed couriers for financial institutions. They have concealed carry licenses but it's ignored because it's stupid for a guy to be in a security uniform with an IWB and 2 belt clips showing while making pickups for Brinks.
This state is so stupid. They can't even write simple laws right. Look at the safe act. No exemptions for cops.
I really think some over think this! Half the Counties in this State issue restricted licenses ( Hunting/ Target ) some of those can be upgraded to Sportsman/ Hiking and then may be even Unrestricted!
So if you are in the act of Hunting with a handgun as your primary firearm (trailing game or sitting in a stand) is that not with in your restrictions? Now you are Target shooting on State land that allows it! Again are you with in your restrictions? Now you have a upgraded license are you not still allowed to do the same Hunting or Target shooting?
When you need to conceal is when you are not actively Hunting or Target shooting ( Coming and going from your car on the side of the road or what not!)
So if you are in the act of Hunting with a handgun as your primary firearm (trailing game or sitting in a stand) is that not with in your restrictions? Now you are Target shooting on State land that allows it! Again are you with in your restrictions? Now you have a upgraded license are you not still allowed to do the same Hunting or Target shooting?
When you need to conceal is when you are not actively Hunting or Target shooting ( Coming and going from your car on the side of the road or what not!)
Eddie Gunks
.338 Win Mag
Ha ha ha. I dont worry about conceal. Sometime
I open carry. I dont worry about it.
When i go to and dfrom matched my owb holster is pretty obvious.
No problem.
As noted above. My license says “carry a gun”
I open carry. I dont worry about it.
When i go to and dfrom matched my owb holster is pretty obvious.
No problem.
As noted above. My license says “carry a gun”
Marine Cpl
.577 Tyrannosaur.
Read Penal Law 400 in its entirety.
Beah
.40 S&W
Please do let us know what the DEC says, I have wondered this for a while and though I have never hunted with any of my handguns, I have considered hunting squirrel with one of my 22 LR pistols. FWIW, I have found the DEC to be very helpful via email and phone and they actually answer questions thoroughly, not skate around them like the Troopers seem to do...
spat
.700 Nitro Express
We've got a couple *loooong* threads about this already, but really, show where it's prohibited at all ?
Still no reply from the Troopers, or the DEC. And I still cannot find anything in the "laws" covering it. It looks like NY grants permits of various restriction classes based on county levels, and allows hunting with Pistol throughout most of the State - but has not come out and said clearly in a "law" that it is OK to open carry while hunting. It is really quite ridiculous that we have to go through this! I am in Niagara County, but hunt in Allegheny county - All I want to know is whether or not I can open carry at my legally owned camp, and while I hunt. Why does this have to be so damn difficult?
Marine Cpl
.577 Tyrannosaur.
Read that long thread again along with both Penal Law 265 and 400 and you'll see why it doesn't have to say that open carry is prohibited.
Hint. It's already prohibited by default. All methods of carry are prohibited unless exempted and there is no exemption for open carrying. The only exemption you have is for concealed carry.
Marine Cpl
.577 Tyrannosaur.
Because NY politicians who know nothing about guns from the cities write laws that make no sense. That's why they forgot to exempt cops from the safe act. That's why they limited magazines to 7 round magazines even though none existed. That's why they forgot to exempt nuclear power plant security who to this day are supposed to have 7 round magazines (now 10 since it's been stricken by aa Federal Court) and no standard AR's but are forced to ignore those laws and the police are forced to ignore them too.
You'll never get an official written document from the state answering your question because they'll be forced to tell you that they ignore it and that isn't going to happen officially.
BDinPutnam
.475 A&M Magnum
Doc8404
.450/400 Nitro Ex
Let’s not forget about Walther PPS.
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Carlos Hathcock
.450/400 Nitro Ex
If you're on private property, why does it matter?
FrankenCub
.338 Win Mag
It's really not difficult, carry away. Neither the police or Encon care. I've been through dozens of Encon stops open carrying, no problems. I've gotten coffee next to state troopers at a convenience store with e S&W 686 on one hip and an Encore in a chest rig, no problems.
Acer-m14
.950 JDJ
and get released with voting rights ..
Acer-m14
.950 JDJ
the best part of hunting season is .. your in camo with a tag and gun .. 99.9% your a good guy . yeah there are some assholes out there ...
i dropped a deer a few yrs ago while laying down .. walk up .. omg the stink .. it was a doe , her ass end was all rotten .. car hit or yotes ...
she stunk
called the non 911 number .. no one in dec around .. sheriff comes .. .. i'm still loaded flag him down .. ..
not a issue .. never a question of my gun , never got out of the car .. but i did rack the bolt back and had a empty chamber when he showed up ..
with a pistol .. i would say .. who is the complaint for showing a pistol ?? deer can call 911 now ? lol
i dropped a deer a few yrs ago while laying down .. walk up .. omg the stink .. it was a doe , her ass end was all rotten .. car hit or yotes ...
she stunk
called the non 911 number .. no one in dec around .. sheriff comes .. .. i'm still loaded flag him down .. ..
not a issue .. never a question of my gun , never got out of the car .. but i did rack the bolt back and had a empty chamber when he showed up ..
with a pistol .. i would say .. who is the complaint for showing a pistol ?? deer can call 911 now ? lol
stokes
.338 Win Mag
Its really simple.Can you open carry a long gun if not hunting? No.If you are hunting you can open carry any legal hunting implement.
camper4lyfe
.308 Win
Pretty sure you can, in fact, open carry a long gun.
That's not true. The courts, prosecutors and cops will consider other regulations and rules. If DEC hunting regs were to specifically state that open carry is legal while afield, then that provision would be legal.
I open carry while hunting. It's a firearm, like a rifle or shotgun which isn't conceal while hunting.
(I do conceal it once I'm out of the woods & driving back into town.)
DEC has parameters (caliber) for handgun hunting.
(I do conceal it once I'm out of the woods & driving back into town.)
DEC has parameters (caliber) for handgun hunting.
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stokes
.338 Win Mag
I hunt with my 44 Super Blackhawk.Open carry in the woods,just like a rifle,when I get back to the car,I unload and stow it in a bag or case....just like a rifle.You cant open carry a rifle outside legal hunting or target shooting.If you could you'd see people doing it.
Robin
.475 A&M Magnum
Must be a new law I never heard of. Use to see guys, myself included, carrying rifles and shotguns through the village during hunting season, and sometimes out of season on their way to some backwoods target range.
Robin
Robin
Marine Cpl
.577 Tyrannosaur.
There are actually no laws prohibiting the open carrying of long guns like there are with pistols by default.
With pistols, carry and possession are illegal off the bat (Penal Law 265) unless you get an exemption for them. (Penal Law 400 License to carry concealed) The law doesn't need to say that open carry is illegal since all things related to a pistol are illegal unless you have a specific exemption for it.
With long guns (assuming they are legal and not SBR's or AW's), you don't need a license for an exemption since they aren't illegal off the bat and since there are no specific prohibitions outlawing the open carry on them, it is legal to open carry them.
Again. Just because it isn't enforced on private property or while afield, it doesn't mean that it's legal. All that means is that no one will bother you.
On the flip side, the open carry of long guns is legal. No one will bother you on private property or afield but they will bother you in public if doing so in Walmart or your local bank and get you for another charge.
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;
It's basically a discretionary enforcement issue since the laws were written poorly and common sense whether good or bad are up to the police.
With pistols, carry and possession are illegal off the bat (Penal Law 265) unless you get an exemption for them. (Penal Law 400 License to carry concealed) The law doesn't need to say that open carry is illegal since all things related to a pistol are illegal unless you have a specific exemption for it.
With long guns (assuming they are legal and not SBR's or AW's), you don't need a license for an exemption since they aren't illegal off the bat and since there are no specific prohibitions outlawing the open carry on them, it is legal to open carry them.
Again. Just because it isn't enforced on private property or while afield, it doesn't mean that it's legal. All that means is that no one will bother you.
On the flip side, the open carry of long guns is legal. No one will bother you on private property or afield but they will bother you in public if doing so in Walmart or your local bank and get you for another charge.
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;
It's basically a discretionary enforcement issue since the laws were written poorly and common sense whether good or bad are up to the police.
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Menacing cannot be committed inadvertently. That’s a myth. Certainly someone can lie and say you threatened them, but someone’s random fear does not trigger NY’s menacing law.
It’s not discretionary at all. One must intentionally put a person in fear of injury. “Intentionally” in legal terms is very specific: it’s an act directed at a person with knowing intent. You can’t walk past someone randomly while looking tough with a firearm and trigger that requirement.
It’s not discretionary at all. One must intentionally put a person in fear of injury. “Intentionally” in legal terms is very specific: it’s an act directed at a person with knowing intent. You can’t walk past someone randomly while looking tough with a firearm and trigger that requirement.
Marine Cpl
.577 Tyrannosaur.
It's all a grey area and up to a cop, DA, and a jury. One can argue that a guy who walks into a bank with a plate carrier and an AR in a single point sling did it intentionally to cause someone to fear.
It doesn't happen in NY because most gun owners just don't do that but if one did and the DA wanted to make an issue or example of it, they can charge you with it along with other minor charges and see what sticks with the jury like they do everyday for other charges.
It doesn't happen in NY because most gun owners just don't do that but if one did and the DA wanted to make an issue or example of it, they can charge you with it along with other minor charges and see what sticks with the jury like they do everyday for other charges.
No.
You must direct your action towards a specific person for it to be menacing. Unless a cop can articulate that fact, it isn’t menacing.
You must direct your action towards a specific person for it to be menacing. Unless a cop can articulate that fact, it isn’t menacing.
whauburger
6.5 Creedmoor
Do whatever you want. If you are arrested just tell them they are wrong, you read it is legal on the internet.
THAT is what I am trying to get to. What is LAW? And getting back on topic - for Handguns Hunting. No one will answer me with any penal code or precedent. (Not you guys - DEC, State Police, Sheriffs Office, or local PD.)