Author Topic: New York's CCW law is a Trojan Horse...  (Read 1052 times)

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Offline ironglow

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New York's CCW law is a Trojan Horse...
« on: August 11, 2004, 05:06:06 PM »
At least that's the way I see it!

   Back in 1972, when I first got my permit, I was required to carry my weapon openly...
   For some silly reason, now we are required to hide them...

   It is much easier to consciously keep one in the open....
 
   Apparently now, if a panic stricken citizen catches a glimpse of the handgrips of your short gun, they can make things quite miserable...
   
    In fact, apparently if someone simply wants to be miserable, and just CLAIMS to have seen your handgun...things can turn sour fast.

   Frankly, I believe the concealed part is put there as a "catch-all" if the law wants to use it...

   Does anyone disagree ?
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Offline NYH1

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New York's CCW law is a Trojan Horse...
« Reply #1 on: August 11, 2004, 06:52:15 PM »
ironglow, I'll tell you how misunderstood the law is regarding "carrying a pistol" in New York State. As you know the local sheriff's department handles "pistol permit's" transactions and a county judge approves them. The deputy at my sheriff's office told me I could carry my pistol anyway I wanted, either concealed or openly it was up to me! I have a few friends that are police officers, from "Town clowns" and "Sheriffs" to a "Trooper", some of them told me that New York State is a "concealed carry only" state, and if you get caught carrying openly not only can you lose your permit, you can get arrested for it! Some of them don't really seem to know! I have never read a law that said you had to carry concealed. I always carry concealed. I want to keep the "element of surprize" in my favor! If I go heavy, I don't want anyone to know! But I really don't know the law!!!
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Offline Mikey

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New York's CCW law is a Trojan Horse...
« Reply #2 on: August 12, 2004, 04:09:52 AM »
New York Hunter - you are absolutely right, some or even most police in NYS, troopers and sheriffs included just don't know what the law is or says.

In some counties, the local issuing judge specifies for Concealed Carry or Target/Hunting only, and then you have the local gendarmes telling you that you can carry it any way you want.  It is a common awareness that to carry a handgun openly you are or may be creating a public concern and be brought to task for it, especially if some idjit decides to call the police about some 'gun wielding' individual.  An example is the last time my buddy and I went small game hunting at a local Encon hunting area.  We parked my truck and walked down the road to the entrance to the area.  We had our shotguns open and mine was over my shoulder but my 22 pistol was carried openly in my hip holster.  We had a number of vehicles pass by as we were walking down the road but nothing happened until we came out of the area and found a State Trooper at the vehicle park.  He was nice enough but questioned us about the handguns, checked our permits and then provided that someone had called in 'gun carrying redneck types' on this one particular road.  He then told us we had to carry them concealed so we wouldn't upset the local populace (right, in a rural farming community).  We basically told him that although we didn't wish to argue with him (after he determined we were law-abidiing and legal) but that he was wrong and his sub-station (or whoever) should have told the caller they were a bit off base since we were in a registered hunting area.  But, guess what - neither he or whoever answered the phone were from any area like that, were city boys, and were just reacting to 'a men with guns' call.  

The laws allow you to own and possess firearms, including pistols.  It is the local judge who allows you to possess for concealed carry, hunting/target, or premises only (as I understand it) and I have operated under those premises for 37 years.  HTH.  Mikey.

Offline Daveinthebush

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No problem
« Reply #3 on: August 12, 2004, 05:19:36 AM »
I got my concelled carry about 1974 and have never had a problem.  My permit is in my wallet right next to my drivers license.  It seems that when an officer checked me out for a driving violation, they usually let me go with a warning when they saw the permit.  Also if carrying a handgun in the vehicle, I would roll the window down, turn on the dome light and place my hands on top of the steering wheel.  I then informed the officer, for his own safety (and I told him that), that I had a concelled weapon and where it was.  Never a problem and usually, again, it got me out of a ticket.

In the field, again, never had a problem.

In Alaska, no permit required and you can carry in most places the same as NY.
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Offline WNY_Whitetailer

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New York's CCW law is a Trojan Horse...
« Reply #4 on: August 13, 2004, 08:06:20 AM »
Click on the following link:

http://www.packing.org/state/index.jsp/new+york

It gives you a heads up on some of NY's laws and other interesting tidbits...
Patience comes with age and You can't teach common sense

Offline aimless

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New York's CCW law is a Trojan Horse...
« Reply #5 on: August 29, 2004, 03:00:27 PM »
You can't legally open carry in New York State. Here's the relevant part of NY Penal Law section 400 (2)

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, by any person when proper cause exists for the issuance thereof; 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 l898, 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--

Offline aimless

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New York's CCW law is a Trojan Horse...
« Reply #6 on: August 29, 2004, 03:06:11 PM »
Most of us have permits pursuant to this part:

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

There is no such thing as a "target/hunting permit" in the statute, those restrictions were made up by judges, but have been upheld by the courts (gee judges saying that other judges should be able to do what they want). If you were caught carrying outside your permit restrictions you (theoretically) could not be criminally prosecuted, but your permit could be revoked.edit- those are restrictions on a concealed carry permit, they do not allow open carry, though during hunting season in a rural area I would be shocked at anyone giving you a hard time-never know these days though

As an interesting side note: Both Kentucky and Tennessee now recognize NY pistol permits, unfortunately Ohio remains a problem.

Virginia started issuing non-resident CCW licenses this summer, I think you can get one with proof of a hunter safety course. Virginia also changed it's open carry law I think, or people have just been pushing it, there have been a few arrests that were lateer dismissed. I think there is a restriction on the number of rounds in that the magazine can hold

Offline NYH1

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New York's CCW law is a Trojan Horse...
« Reply #7 on: August 30, 2004, 07:19:39 AM »
Quote from: aimless
Most of us have permits pursuant to this part:

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

This is the type of permit I have NOW

Quote from: aimless
There is no such thing as a "target/hunting permit" in the statute,


Until two tears ago my permit was stamped as "target/hunting"


Quote from: aimless
those restrictions were made up by judges, but have been upheld by the courts (gee judges saying that other judges should be able to do what they want).

Judges are like any other kind of law enforcement, their supposed to up hold the laws, not make them! I think its pretty scarey when we let the people that are suppose to up hold the laws, start making them!!!!


Quote from: aimless
As an interesting side note: Both Kentucky and Tennessee now recognize NY pistol permits, unfortunately Ohio remains a problem.

Alaska, Idaho, Indiana, kentucky, Michigan, Missouri, Oklahoma, Tennessee, Utah and Montana all recognize and or honor New York's permit. You can also carry in Vermont.

Go to www.packing.org and see where you can and can't get other permits.
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Offline aimless

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New York's CCW law is a Trojan Horse...
« Reply #8 on: August 30, 2004, 01:49:44 PM »
Your original permit was a concealed carry permit, but it had "hunting/target shooting" stamped on it. You would still technically be required to carry it concealed (though I can't imagine a cop dumb enough to make a issue of it hunting). It has the same restrictions as a regular concealed carry permit, plus if you were caught carrying outside the restrictions you could have your permit revoked, though technically you would not have committed a crime.

I need to get around to getting a PA permit, also Florida's non-resident permit is recognized by a number of southern states. Before TN stated to recognize NY permits (last summer I think) I considered getting a FL non-resident permit to carry there (I'm in TN fairly frequently) but I was concerned that just seemed a little too complicated to try to explain by the side of the road if I was carrying.

Offline NYH1

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New York's CCW law is a Trojan Horse...
« Reply #9 on: August 30, 2004, 06:40:48 PM »
Quote from: aimless
Your original permit was a concealed carry permit, but it had "hunting/target shooting" stamped on it.

Correct.



Quote from: aimless
You would still technically be required to carry it concealed (though I can't imagine a cop dumb enough to make a issue of it hunting). It has the same restrictions as a regular concealed carry permit, plus if you were caught carrying outside the restrictions you could have your permit revoked, though technically you would not have committed a crime.

When I first got my permit they told me I could be charged with a misdemeanor if I was caught carrying my pistol! :evil:




Quote from: aimless
I need to get around to getting a PA permit

I just got my PA permit last week, and I'm working on Florida now. Try these,

http://www.packing.org/state/index.jsp/pennsylvania

Denny Nau,
Centre County Sheriff
Centre County Courthouse
Bellefonte, PA 16823-1488
814-355-6803
http://county.centreconnect.org/211.htm
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