Celt
.338 Win Mag
I havent researched this in a long time but i think there is something in the DEC law that covers it.
WHY you SHOULD open carry
- Thread starter Acer-m14
- Start date
One can not have a handgun in NYS without a License.
2. Types of licenses. A license for gunsmith or dealer in firearms
shall be issued to engage in such business. A license for a
semiautomatic rifle, other than an assault weapon or disguised gun,
shall be issued to purchase or take possession of such a semiautomatic
rifle when such transfer of ownership occurs on or after the effective
date of chapter two hundred twelve of the laws of two thousand
twenty-two that amended this subdivision. A license for a pistol or
revolver, other than an assault weapon or a disguised gun, shall be
issued to (a) have and possess in his dwelling by a householder; (b)
have and possess in his place of business by a merchant or storekeeper;
(c) have and carry concealed while so employed by a messenger employed
by a banking institution or express company; (d) have and carry
concealed by a justice of the supreme court in the first or second
judicial departments, or by a judge of the New York city civil court or
the New York city criminal court; (e) have and carry concealed while so
employed by a regular employee of an institution of the state, or of any
county, city, town or village, under control of a commissioner of
correction of the city or any warden, superintendent or head keeper of
any state prison, penitentiary, workhouse, county jail or other
institution for the detention of persons convicted or accused of crime
or held as witnesses in criminal cases, provided that application is
made therefor by such commissioner, warden, superintendent or head
keeper; (f) have and carry concealed, without regard to employment or
place of possession subject to the restrictions of state and federal
law, by any person; and (g) have, possess, collect and carry antique
pistols which are defined as follows: (i) any single shot, muzzle
loading pistol with a matchlock, flintlock, percussion cap, or similar
type of ignition system manufactured in or before 1898, which is not
designed for using rimfire or conventional centerfire fixed ammunition;
and (ii) any replica of any pistol described in clause (i) hereof if
such replica;
(a) and (b) may allow for open carry "in place"
2. Types of licenses. A license for gunsmith or dealer in firearms
shall be issued to engage in such business. A license for a
semiautomatic rifle, other than an assault weapon or disguised gun,
shall be issued to purchase or take possession of such a semiautomatic
rifle when such transfer of ownership occurs on or after the effective
date of chapter two hundred twelve of the laws of two thousand
twenty-two that amended this subdivision. A license for a pistol or
revolver, other than an assault weapon or a disguised gun, shall be
issued to (a) have and possess in his dwelling by a householder; (b)
have and possess in his place of business by a merchant or storekeeper;
(c) have and carry concealed while so employed by a messenger employed
by a banking institution or express company; (d) have and carry
concealed by a justice of the supreme court in the first or second
judicial departments, or by a judge of the New York city civil court or
the New York city criminal court; (e) have and carry concealed while so
employed by a regular employee of an institution of the state, or of any
county, city, town or village, under control of a commissioner of
correction of the city or any warden, superintendent or head keeper of
any state prison, penitentiary, workhouse, county jail or other
institution for the detention of persons convicted or accused of crime
or held as witnesses in criminal cases, provided that application is
made therefor by such commissioner, warden, superintendent or head
keeper; (f) have and carry concealed, without regard to employment or
place of possession subject to the restrictions of state and federal
law, by any person; and (g) have, possess, collect and carry antique
pistols which are defined as follows: (i) any single shot, muzzle
loading pistol with a matchlock, flintlock, percussion cap, or similar
type of ignition system manufactured in or before 1898, which is not
designed for using rimfire or conventional centerfire fixed ammunition;
and (ii) any replica of any pistol described in clause (i) hereof if
such replica;
(a) and (b) may allow for open carry "in place"
spat
.700 Nitro Express
The only thing illegal about open carrying *without* a permit is that it is illegal to possess.
If you have the permit that allows you to *have* the gun, then you may open carry it.
What criminal statute would our hypothetical open carrier be charged under ? PL 265, possession of a firearm ? If you have one of the permits issued under PL400 that exempts you from that charge, what else would they charge you with ?
Point is the license is for concealed carry only, would it be null and void if carried open? Like I said above Open Carry is a winnable Court case! But to many do not see it's benefits to CCW.
Open carry intimidates the citizenry; for example, cops and soldiers.
The desire to open carry is a desire to intimidate ANY conversation you might have, and causes harassing conversations to absolutely occur automatically. Will you draw you weapon if a citizen yells at you to get the f out of the store, you maniac killer?? Go bck to your mental hospital?
YES, YOU WILL............. FEELING THREATENED.
Is it not enough to carry concealed, and invisible?
EGO??? Look at me? I am important? I am a tough rough motherfucker; don't cross me or you are dead.
100 years of history behind concealed carry, nationwide.
The desire to open carry is a desire to intimidate ANY conversation you might have, and causes harassing conversations to absolutely occur automatically. Will you draw you weapon if a citizen yells at you to get the f out of the store, you maniac killer?? Go bck to your mental hospital?
YES, YOU WILL............. FEELING THREATENED.
Is it not enough to carry concealed, and invisible?
EGO??? Look at me? I am important? I am a tough rough motherfucker; don't cross me or you are dead.
100 years of history behind concealed carry, nationwide.
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Their are two separate parts, to have, part 1 AND part 2 conceal carry.
Having it would indicated that it's in your possession not concealed.
Then they say you can also conceal carry it.
If you can't have it unconcerned, then you could be charge while practing at the range, in your home or on your property.
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spat
.700 Nitro Express
Where do you see that the license is for concealed carry only ?
That would mean you could not have it in your safe at home, you would have to conceal it on your person 24/7, or store it at an FFL or something.
The permit is to have (possess) and to carry concealed. Those are 2 separate things.
The have (possess) part allows you to keep the gun at home, etc.
The concealed carry part is *in addition* to the ability to possess. That is the only logical way to read the law.
Otherwise, you would have to store the gun somewhere they did have the ability to possess it without concealing it.
Nobody keeps their handguns in a storage locker at their FFL to be picked up when they want to carry them. Ergo, your permit *also* exempts you from the possession prohibition in PL265, even when you are *not* carrying it concealed.
spat
.700 Nitro Express
It is also a protected form of political speech.
It is the same as carrying a placard in support of the RKBA.
It is not automatically an attempt to intimidate anyone who isn't trying to infringe on that right.
Quite frankly, those people *should* be intimidated.
Acer-m14
.950 JDJ
100 years of Rights being stepped on ..
There is so much wrong with this post, where to start!
| State | Open Carry Handguns | Open Carry Long Guns |
|---|---|---|
| Alabama | Allowed | Allowed |
| Alaska | Allowed | Allowed |
| Arizona | Allowed | Allowed |
| Arkansas | Allowed | Allowed |
| California | Prohibited | Prohibited |
| Colorado | Allowed | Allowed |
| Connecticut | Permit Required | Allowed |
| Delaware | Allowed | Allowed |
| District of Columbia | Prohibited | Prohibited |
| Florida | Prohibited | Prohibited |
| Georgia | Allowed | Allowed |
| Hawaii | Permit Required | Permit Required |
| Idaho | Allowed | Allowed |
| Illinois | Prohibited | Prohibited |
| Indiana | Permit Required | Allowed |
| Iowa | Allowed | Allowed |
| Kansas | Allowed | Allowed |
| Kentucky | Allowed | Allowed |
| Louisiana | Allowed | Allowed |
| Maine | Allowed | Allowed |
| Maryland | Permit Required | Allowed |
| Massachusetts | Permit Required | Permit Required |
| Michigan | Allowed | Allowed |
| Minnesota | Permit Required | Permit Required |
| Mississippi | Allowed | Allowed |
| Missouri | Allowed | Allowed |
| Montana | Allowed | Allowed |
| Nebraska | Allowed | Allowed |
| Nevada | Allowed | Allowed |
| New Hampshire | Allowed | Allowed |
| New Jersey | Permit Required | Allowed |
| New Mexico | Allowed | Allowed |
| New York | Prohibited | Allowed |
| North Carolina | Allowed | Allowed |
| North Dakota | Allowed | Allowed |
| Ohio | Allowed | Allowed |
| Oklahoma | Allowed | Allowed |
| Oregon | Allowed | Allowed |
| Pennsylvania | Allowed | Allowed |
| Rhode Island | Permit Required | Allowed |
| South Carolina | Permit Required | Allowed |
| South Dakota | Allowed | Allowed |
| Tennessee | Allowed | Allowed |
| Texas | Allowed | Allowed |
| Utah | Allowed | Allowed |
| Vermont | Allowed | Allowed |
| Virginia | Allowed | Allowed |
| Washington | Allowed | Allowed |
| West Virginia | Allowed | Allowed |
| Wisconsin | Allowed | Allowed |
| Wyoming | Allowed | Allowed |
These State that allow Open Carry always have!
And now we will look a State Constitutions on the Right To Keep And Bear Arms!
State Constitutional Right to Bear Arms - Gun Control - ProCon.org
45 US states include the right to bear arms in the state constitutions, some for self-defense and the defense of the state. The oldest of the provisions date to 1776 in North Carolina, Pennsylvania, and Virginia (though all three have since been revised, the right remains in place). Iowa was the...
gun-control.procon.org
So much for your " 100 years of history behind concealed carry, nationwide. "
Now let's look at the true History of Concealed Carry in the USA!
INTERACTIVE FIREARMS TRAINING
firearm license, gun permit, Second amendment, bill of rights
concealedcarryftlauderdale.com
By the mid 1900's many states had outlawed the concealed carry of weapons all together. The first laws to be passed on the subject banned concealed carry were first passed by Kentucky and Louisiana in 1813, and various states followed throughout the course of the 19th century. Open carry of weaponry was acceptable in many places but few states allowed for the concealed carry of firearms all together.
I agree with a lot of points in the video.
Even if I had the opportunity to open carry in public out shopping I don't think i would frankly I don't like attention and would rather just blend in than to stand out.
If I was walking around hiking or something then totally different I would open carry.
Open carrying out running errands just isn't for me though. Although who knows, maybe if I try it I would love doing it so I guess I can't totally close the door.
Even if I had the opportunity to open carry in public out shopping I don't think i would frankly I don't like attention and would rather just blend in than to stand out.
If I was walking around hiking or something then totally different I would open carry.
Open carrying out running errands just isn't for me though. Although who knows, maybe if I try it I would love doing it so I guess I can't totally close the door.
I agree there are places that open carry is great and others it's suboptimal.
Open carry at a party to start conversations, great.
Open carry at a busy mall, suboptimal.
The ccw is for concealed carry only.find itLOL
so u got a CCW permission slip from NYS .. So why can't you open carry too ??
Read the law.
I did. The state law states that the pistol permit "is for concealed carry.
...but not in NYS.
WRONG
spat
.700 Nitro Express
spat
.700 Nitro Express
Concealed carry is a tactical decision.
Open carry is a political statement.
They both have their uses.
Just like a plain baseball cap will keep the sun out of your eyes, but a MAGA cap is a statement.
There is an appropriate time and place for each of them.
This comes up every few years with the same adamant claim that you can open carry in NYS. It is incorrect. I AM NOT GOING TO ARGUE THE POINT FURTHER BECAUtSE THOSE WHO WISH IT IS LEGAL WILL NOT BACK DOWN. I have checked with 2a attorneys who have verified my assertion. Open your own wallet and get a true answer. I am done here on this subject.
If you reread my post I said ( Trials )
Please quote the part that say only conceal carry or bans open carry.
Jmac00
.475 A&M Magnum
LOL, I was open carrying in Arizona, with the CO and Einstein. A bunch of people walked up and asked to pet Einstein, we generally respond with "he would be disappointed if you didn't pet him" Everyone noticed my hand gun, it was painfully obvious I was open carrying, not one person even made a comment about it. We had a nice conversation about the trail we were about to go on, what we should be looking for, and the best places to take pictures, stuff like that.
Everyone was cordial, we had some laughs, and after 15 or 20 minutes we all said our goodbyes', safe travels, blah,blah,blah. No one gave a rats ass, I was carrying, no one asked why I was carrying. In other words, no one cared.
we have encountered MANY people who open carry out west. Yes, there are restrictions. But they are few and far between. it is a real pleasure to travel through the real America.
spat
.700 Nitro Express
Then surely you can find a case of *one* person who was prosecuted for it ?
Or the exception in PL400 or PL265 that allows armed security guards to OC, but not the rest of us ?
Acer-m14
.950 JDJ
if open carry a pistol is prohibited in NYS ...
then why can you do it while hunting ??
i still haven't seen what law you would be charged with for open carry with a permit to HAVE a pistol
hell all the Lawyers in Illinois think pistol's are not covered under the 2A ..
then why can you do it while hunting ??
i still haven't seen what law you would be charged with for open carry with a permit to HAVE a pistol
hell all the Lawyers in Illinois think pistol's are not covered under the 2A ..
Acer-m14
.950 JDJ
i think i found the law why you can not open carry in NYS ...
Disorderly Conduct .. you scared someone
LOL
Disorderly Conduct .. you scared someone
LOL
Xae289
.223 Rem
You note that (a) and (b) may allow for open carry in place, and I believe that they clearly do. They say "have and possess". I think that the contrast with with (c)-(f) makes it clear that those sections only allow for concealed carry. For futher contrast, I find the language in (g) very interesting:
(g) have, possess, collect and carry
antique pistols...
Where every other subsection of this section qualifies the verb "carry" with the "concealed", this time it doesn't specify that such a weapon must be carried concealed. It simply says to "carry". To me, that implies that concealment isn't necessary when carrying an antique pistol, where for all others it is specified that they are licensed to "carry concealed", specifically.
As for what allows you to open carry at home or in your premises, in that case, you have to look to the word "possess". When a statute doesn't directly provide a definition for a word, you look it up in the dictionary for the common definition. Per Merriam Webster:
POSSESS
1 a: to have and hold as property
HOLD
1 a: to have possession or ownership of or have at one's disposal
To me, that indicates all manner of actions from keeping unloaded and locked in a safe, to grasping in one's hand while loaded and ready.
Again, I'm not a lawyer and none of that is legal advice. If any of you wanna open carry while waltzing around non-NYC urban areas like Buffalo, Rochester, Binghamton, or any of the cities and towns in Westchester to be the test case, be my guest. I already committed to throw down a couple bucks towards your case. As far as openly carrying in ranges or while hunting, maybe there are overt exemptions in the law. Even if there aren't, however, it's a commenly understood and implied exception, and would definitely rank up there among the stupidest cases to try to prosecute, ever.
I asked that question of the attorneys I hired. They told me it is one of the exceptions "understood" by LE. along with open carry while hunting and hiking.
The courts have maintained that the law specifically allows "concealed" carry. The license is for "concealed carry."
byron
.308 Win
As I mentioned in the old discussion on open carry in the early 70s when I got my permit I almost always open carried it was a common site around here to see it, no one thought anything of it at least in my home area I didn't usually carry when I went to the larger places shopping, Only once was I asked about it I met a sheriff on the street and he comes up and says do you have a permit for that thing my answer was Do you think I'd be dumb enough to carry it this way if I didn't his reply was no guess not have a nice day then he went on his way. I imagine in today's world it would not go that way he would probably arrest me for something. even though there is no law against it. took a course a few years ago put on by the sheriff's department someone ask the sheriff about open carry when hunting his reply was once off the public highway have at it. the way he made it sound that once you were out of the public area it was fine. he never said open carry was illegal in public but it sounded like not to do it. Wish now I had asked his thoughts on it
byron
.308 Win
can you point me to one of these courts many are mentioned in this heller case but say the opposite
CONCLUSION
This Note has argued that Heller and McDonald, and especially Heller, compel the conclusion that the Second Amendment protects the right to carry openly outside the home. The Court’s methodology in Heller and its reliance on the nineteenth-century case law suggest that there must be some right to carry, and that open carry, not concealed carry, is protected by the Second Amendment
Open Carry for All: <i>Heller</i> and Our Nineteenth-Century Second Amendment
In the aftermath of District of Columbia v. Heller and McDonald v. City of Chicago, the most important frontier for defining the scope of the Second Amendment is the right to carry weapons outside the home. Lower courts have disagreed on the proper approach for resolving this issue, how to read...