mine say the same
www.nbcnews.com
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...www.yalelawjournal.org
Heller made it legal to possess INSIDE the home. McDonald applied the entire BOR as a hedge against not only the Fed Gov, but applied to all the states.
Bruen did it for carry outside of the home.
Supreme Court allows the carrying of firearms in public in major victory for gun rights groups
The ruling expands upon a 2008 decision that said the Second Amendment safeguards a person’s right to possess firearms at home for self-protection.
Open carry, is like wearing a Biker Cut with patches.....about as offensive as social interaction can get. No one is going to call you an asshole, and a MAGA cretin or shove you around.....intimidation.
Open carry when you hunt, but that gunbelt gets heavy. I shoot SASS and the two pistol gunbelt I wear gets obnoxiously heavy...... but we all carry openly.
Concealed carry is the only sensible method of carrying in public, and not making a spectacle of yourself.
I don't want anybody noticing me, ever.
concealedguns.procon.org
I am not a lawyer. List the court cases that support your position. I only rely on what the specialist lawyers told me.
I don't claim that NYS is right. I only tell you what the NYS courts follow. And they will convict you in state court.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...
This is my last comment. Read the law that establishes the carry permit. It labels the license as "concealed carry."
Because when the license was issued you generally didn't *need* a license to open carry anywhere in the US.
You want a list of the court cases that were never brought because nobody's charged because it's not illegal ?
Did they tell you it's illegal to OC ? Or did they tell you some Karen will call and you'll be arrested for disturbing the peace ?
Then why do you ask me to cite case law? I never claimed any case law. I merely point out how the courts read the law. The wording of the enabling legislation for the license is "carry concealed." I don't claim it is the right thing to, I merely point out what the state law says and what they use to enable it. Heller, etc., have no bearing on the argument since I am only pointing out what the state law is and that is what the state would use against open carry. There are understood exceptions, but they have been noted in the discussion.
The licenses issued under pl400 are *not* exclusively for concealed carry.I think it's pretty funny and yet terribly ridiculous and sad how people keep bringing up the "open carry handguns in NY" debate.
Either they never read the law, totally don't understand the law, or are just belligerent useless trolls looking to start an argument because they have nothing better to do.
Anyway here is the law regarding handgun possession in New York State.
Section 265.01 of the New York Penal Code makes it illegal for any human being to possess and carry a firearm in the state.
NYS Open Legislation | NYSenate.gov
www.nysenate.gov
However obviously there are lots of exemptions to this law. They are listed in NY law 265.20 National guardsman, US soldiers, police, prison guards and other prison staff, sheriffs, gunsmiths, licensed firearms dealers, those who have a hunting license and are hunting on New York State licensed and registered hunting grounds or on their own property, US citizens with no criminal record in possession of a rifle or shotgun..
NYS Open Legislation | NYSenate.gov
AND people licensed to possess a handgun. Listed in section 400.00 Those licenses are the following:
-home premise license.
-business premise license.
-concealed carry bank delivery or messenger license.
-concealed carry for judge or justice.
-concealed carry prison employee
-concealed carry unrestricted.
N.Y. Penal Law § 400.00 – Licensing & other provisions relating to firearms
1. Eligibility. No license shall be issued or renewed pursuant to this section except by the licensing officer, and then only after…newyork.public.law
So as you can see, there is no handgun license that allows the general public to open carry a handgun in New York state. The only way to legally do that is while hunting or at a gun range. Or if you are police or a soldier.
Just because your personal carry permit does not have the word "concealed" on it does not change the law which authorized the permit. And that law is for concealed carry only.
You might not like the law, you might think the law is stupid or unconstitutional, but that is the law. The law may indeed get overturned by the Supreme Court but it is still currently the law.
If you have a concealed carry permit and decide to walk around Albany or Buffalo or some other metropolitan area in the state with your handgun strapped to your hip you may indeed get arrested and charged with criminal possession of a firearm. Or try Rochester, Ithaca, Utica, Binghamton, some other dense populated area where you are likely to run into police.
Go ahead and try it, see what happens. But don't go around telling other people that they should do something that you apparently are not willing to do and risk getting your own ass thrown in jail.
Has anyone ever been charged and convicted for openly carrying their handgun while in possession of a concealed carry license? Probably not, because most permit holders in New York are too smart to do something stupid like that.
Anyways here's the law it's clear as day. You're welcome.
"Allows" and "must" have totally different meanings. There are some states that allow open carry without a license but you must have a license to carry concealed. Our permits say carry. The state had never said they have to be concealed. It's just that either nobody has been caught open carrying or charged for it so there's been no ruling.
There *is no law* against open carry in NY.
I will assume your lawyer knows what he is talking about.
WRONG.
