So who in New York is going to start the online petition for open carry rights?

[brad813]

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I agree with gun control laws, as long as they are reasonable. Like I said though, human beings are corrupt by nature and when one gets at taste of power 9 times out of 10 they will use it to serve their own interests instead of proper interests. The best option for an open carry and concealed carry in the places that have that right de jure but not de facto is for it to be stricken down in a courtroom.

 

[steve33904]

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it is not negative to understand facts

gungrabbers in NY and NYC especially have billions of dollars and millions of votes to fight with we simply don't have the money or numbers to win there

what I suggest is move to a friendlier state an make a stand there this is a legitimate tactic to retreat to a defensible position and fight to win when a bg comes at you with an uzi do you stand in the middle of the road and shoot back with you snubnose revolver or you move to cover to return fire look up the freestaters of new Hampshire they have the right idea move to a low tax friendly state and make a stand to keep it free think about it this is the way to win not stand in NYC and cry. I say give the libs NYC, let them fund their socialist ideas with their own money take your money and run pay your taxes to a state that will use it to help our cause not theirs

 

[steve33904]

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you have "reasonable" gun laws in NYC enjoy them

this is my idea of reasonable one gun law

anyone not convicted of a felony or convicted of being insane should have the right to own and carry concealed or open anyweapon used by any domestic law enforcement organization with no restrictions on location

registration and licence is just to find you when they want to take them away

always remember our constitution was written by men who just overthrew what they perceived as and unjust government and they wanted to make sure that no one should have to suffer that fate again think about it do you need to register your mouth before you speak

 

[brad813]

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I simply do not see the point of restricting gun ownership to those who aren't mentally ill or have a criminal history. It is a proven fact that legal gun ownership reduces crime and criminals will simply buy a gun on the illegal gun market anyway. Law abiding citizens should not be made into criminals simply because they wish to protect themselves. For the record, I am liberal, so this issue is not one of liberal versus conservative. That is total bs. This is a simple issue of common sense and speaking out against the tyranny of those who would oppress, whether Democrat(yay) or Republican(hiss).

 

[Thundar]

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Mike wrote:

Here is the Texas effort: http://www.petitiononline.com/texasoc/petition.html

And it's gotten the issue of restoration of Texas open carry rights into the new big time!

If I lived in NY this petition would be online by noon today!

And I didn't think you had a sense of humor, Mike

 

[gzelmiami]

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I can't believe that you are a staunch left wing democrat if you respect the second amm. and pro-life. Your comments are by far, more centrist than leftist.
Anyway I fled the big city 21 years ago to sunny Fl where I always ccw. I don't even think about it. Just get dressed, get wallet,cell phone,sidearm, keys, and out the door. I wish Fl. was open carry, so I wouldnt have to worry about gun peeking out from under my shirt since I'm such a fat ass.

 

[brad813]

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My views on Second Amendment and Fourteenth Amendment(Due Process, Equal Treatment) come from simple common sense. After all, it is not the gun that kills someone. Unless you drop the gun the wrong way, in the cases of those guns prone to it, a gun is basically inert until the person behind it chooses to pull the trigger. As far as being pro-life, that simply comes from my religious beliefs(I am Wiccan) which tell me that I should respect all life. The only exception to this rule of respecting life is when it comes to my own survival against and armed assailant. I do believe gun control laws should be in place and enforced properly, but they must not be so restrictive a mentally competent, law abiding citizen cannot obtain a firearm to protect themselves or to hunt for food with, if the person only has that option for food. Aside from that I definitely tow the party line on everything else. Even some of the most staunch left wing democrats in Congress will agree with this and some even have concealed carry permits themselves.

 

[gzelmiami]

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Wow, as a staunch conservative I find it amazing and happy that someone who toes the leftie line has good common sense.
However I find it hard to believe the the leftist politicians are concerned about our 2 ammend. rights. They are to me like the Rosie O'donells who can have armed bodyguards but condem me for owning and carrying - do as I say, not as I do. I can CCW in D.C. but you can't because you are not a lawmaker.

 

[brad813]

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The simplest explanation is the politics if full of hypocrisy and most politicions on both sides are corrupt. They use the power the people gave them to fulfill their own agendas without caring about the consequences to the people or what the people want. Truthfully, and sadly, until people can learn to care for one another and resolve their conflicts peacefully, there will be a place for the civilian owned sidearm for personal protection. I do not see that need going away anytime soon as human beings as a whole seem to be hard-wired for selfishness and violent conflict.

"There is a peace only to be found at the other side of war"-(Unknown at this time, but am continuing to search)

 

[gzelmiami]

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I agree completely. Good luck to you and to us all.

 

[Overtaxed]

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steve33904 wrote:

it is not negative to understand facts

gungrabbers in NY and NYC especially have billions of dollars and millions of votes to fight with we simply don't have the money or numbers to win there

what I suggest is move to a friendlier state an make a stand there this is a legitimate tactic to retreat to a defensible position and fight to win when a bg comes at you with an uzi do you stand in the middle of the road and shoot back with you snubnose revolver or you move to cover to return fire look up the freestaters of new Hampshire they have the right idea move to a low tax friendly state and make a stand to keep it free think about it this is the way to win not stand in NYC and cry. I say give the libs NYC, let them fund their socialist ideas with their own money take your money and run pay your taxes to a state that will use it to help our cause not theirs

I would love to do that, if it weren't for the strong ties (friends, family, property, and a business I own) to the area.
I hate the cold, so VT, NH, Maine and most of the Midwest are out of the running for me anyway. But damn, I sure do love VT's gun laws.
Most likely, I'll suffer with crummy gun laws until I retire. However, I think that the lack of a drive to ease the restrictions comes from a defeatist, accepting mentality among pro-2A folks. Perhaps if we all fought a little harder, we could at least remove the ridiculous requirement to have a permit just to own a handgun...

 

[marshaul]

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Plaxico Burress?

 

[Overtaxed]

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marshaul wrote:

Plaxico Burress?

Poor guy... hurts himself with an ND, gets in big trouble for everything associated withit, and on top of that, has his home invaded by cops fishing for more stuff to charge him with.

Lacking his Nanny-State issued "permission slip" for merelypossessing the guns taken from his home, it looks like some really creative and vigorous lawyering will be needed to pull his chestnuts out of the fire.

 

[homerfire232]

Open Carry In NY State

I have been reading all the posts on here regarding open carry in NY State, and I have to put in my 2 cents. I have obtained my pistol permit around April of this year, it took almost 3 months and a bit of running around. My permit says "License to carry handgun is hereby granted" also it says "No Restrictions". I was very curious about open carry in my county (Cortland, by the way) and I did some research. I found out that back in the day, open carry was the only way you could display the handgun. Concealing a weapon was illegal. Nowadays, you have to have a permit to conceal carry, but open carry, although not at all popular is allowed if you have no restrictions. I have contacted my local village police, the city police, the state police, the sherriff and the county clerks office. (Issuing agent) All but the sherriff gave me the same answer about open carrying....."I would'nt advise you to do it, you will just get into a big hassle". The sherriff out right told me if I have a permit with no restrictions, you can carry it any way you see fit. So the past week I have been testing the waters and have been open carrying during my days. No issues yet, but I'm looking forward to the first one. I feel like an alien when I do it because I have lived here for 43 years and the only ones who open carry are LOE. I have never seen any one open carry at all. I don't really want to be the one who starts this but it is our right to keep and bear arms, and I won't be denied. Plus, I believe open carry at times is more of a deterant to criminals, if its concealed I may have to use it, if its not I wont. (I hope) I will try to keep you informed of any encounters I have with LOE, but so far just a few weird looks.

 

[McX]

Sounds like you guys need to form: NewYorkCarry!

we got ours!

 

[redlegagent]

I have been reading all the posts on here regarding open carry in NY State, and I have to put in my 2 cents. I have obtained my pistol permit around April of this year, it took almost 3 months and a bit of running around. My permit says "License to carry handgun is hereby granted" also it says "No Restrictions". I was very curious about open carry in my county (Cortland, by the way) and I did some research. I found out that back in the day, open carry was the only way you could display the handgun. Concealing a weapon was illegal. Nowadays, you have to have a permit to conceal carry, but open carry, although not at all popular is allowed if you have no restrictions. I have contacted my local village police, the city police, the state police, the sherriff and the county clerks office. (Issuing agent) All but the sherriff gave me the same answer about open carrying....."I would'nt advise you to do it, you will just get into a big hassle". The sherriff out right told me if I have a permit with no restrictions, you can carry it any way you see fit. So the past week I have been testing the waters and have been open carrying during my days. No issues yet, but I'm looking forward to the first one. I feel like an alien when I do it because I have lived here for 43 years and the only ones who open carry are LOE. I have never seen any one open carry at all. I don't really want to be the one who starts this but it is our right to keep and bear arms, and I won't be denied. Plus, I believe open carry at times is more of a deterant to criminals, if its concealed I may have to use it, if its not I wont. (I hope) I will try to keep you informed of any encounters I have with LOE, but so far just a few weird looks.

The only local law enforcement that matters is the local sherriff. Under the law - NYS Penal law 400.00 - the local judge is the recognized issuing authority who operates thru the sherriff's department. Local and State Police are NOT authorities regarding pistol permits. These are the only recognized types of licenses under the law:
2. Types of licenses. A license for gunsmith or dealer in firearms
shall be issued to engage in such business. 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--licenses under NYS law -"

Section F is what your permit falls under - you have a concealed carry permit. If your local sherriff CHOOSES to ignore the law and allow open carry, then that's on your county. That being said, if you go into another county, you may be liable for violating your permit if they charge you.

 

[homerfire232]

The only local law enforcement that matters is the local sherriff. Under the law - NYS Penal law 400.00 - the local judge is the recognized issuing authority who operates thru the sherriff's department. Local and State Police are NOT authorities regarding pistol permits. These are the only recognized types of licenses under the law:
2. Types of licenses. A license for gunsmith or dealer in firearms
shall be issued to engage in such business. 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--licenses under NYS law -"

Section F is what your permit falls under - you have a concealed carry permit. If your local sherriff CHOOSES to ignore the law and allow open carry, then that's on your county. That being said, if you go into another county, you may be liable for violating your permit if they charge you.

I'm not sure if we are understanding each other here or not, I do have a conceal carry permit (with no restrictions) prior to the issuance of concealed carry in NYS it was illegal to conceal a weapon, hence you had to open carry. That statute or law or whatever has been on the books forever, when NY started allowing concealed carry the open carry law or statute got burried but is still there. The sherriff would never ignore the law in my area, he's not Roscoe P. Coletrain or anything of the likes. I have been open carrying for a week now with no problems, I am curious what you think I could be charged with if I was stopped for open carry in NY. I don't want to lose my permit for any reason. Give me your thoughts please.

 

[redlegagent]

If you look at the back of your permit it says - "it is revocable at any time." Regardless if some obscure "old" laws are on the books still, NYS penal law 400.00 is the current one with which pistol permits are issued and recognized by the NYS Court of Appeals. Under 400.00 - there is no provision for open carry, it only identifies concealed carry permits with or without restrictions. The only "caveat" to this would be open carry while hunting where it is required to have your firearm in the open. Because pistol permits are issued at the county level, there is WIDE disparity concerning requirements to get one. Some counties are quite lax and some are very strict. Many rural counties tend to be lax issuing non-restricted permits and looking the other way at open carry. My point is quite simple - as there is no provison under this law for open carry, if you venture into a county where they are strict about permits and you get stopped for open carry, you might end up be cited for violation of the provisions of your permit which is only for concealed carry. As a result, your local judge might be contacted and notified that you were violating the terms of your permit. Your judge may or may not choose to recind your permit as a result. As I indicated in the beginning, they can recind your permit at any time for any reason. Just use common sense.

 

[Jambino]

I've lived in NY my whole life. I would love to see carry rights here finally but it will have to be forced through the fed/scotus. I went into the police station to get the application for a pistol permit and they actually had a sign that said "Remember owning a handgun is not a conus right but a privilege.

 

[homerfire232]

If you look at the back of your permit it says - "it is revocable at any time." Regardless if some obscure "old" laws are on the books still, NYS penal law 400.00 is the current one with which pistol permits are issued and recognized by the NYS Court of Appeals. Under 400.00 - there is no provision for open carry, it only identifies concealed carry permits with or without restrictions. The only "caveat" to this would be open carry while hunting where it is required to have your firearm in the open. Because pistol permits are issued at the county level, there is WIDE disparity concerning requirements to get one. Some counties are quite lax and some are very strict. Many rural counties tend to be lax issuing non-restricted permits and looking the other way at open carry. My point is quite simple - as there is no provison under this law for open carry, if you venture into a county where they are strict about permits and you get stopped for open carry, you might end up be cited for violation of the provisions of your permit which is only for concealed carry. As a result, your local judge might be contacted and notified that you were violating the terms of your permit. Your judge may or may not choose to recind your permit as a result. As I indicated in the beginning, they can recind your permit at any time for any reason. Just use common sense.

The NYS penal law also does not state that open carry is illegal, as far as the "terms" of my permit, there was nothing in the rules handed to me with my permit stating you had to carry it concealed only. All I'm saying is there are no written laws that do not allow open carry in New York State. Are there other written provisions that I am not aware of regarding this?