New York Open and Concealed Carry Laws and Information - Page 4
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Thread: New York Open and Concealed Carry Laws and Information

  1. #31
    Join Date
    Jun 2009
    Location
    Upstate NY on the PA border
    Posts
    25
    I feel compelled to respond to 'hunter won'. I live in NYS in a county that issues CCR and will upgrade to CCW after additional training. I have obtained my NY CCW, PA CCW, NH CCW, and UT CCW. I can legally carry concealed in 33 states, unless there is an ordinance in a particular State, County, Town, Village, City, Hamlet, or Parish that directs me otherwise. Some states do not require that you have a pistol permit to carry. If I travel to or through any other state than my home state, I always check the firearms laws before I leave my home to make sure I am compliant.

    In New York State, I can transport a rifle in my vehicle on the seat as long as it is unloaded, nothing is chambered, and any ammunition is locked in a container and not within my reach.

    Federal Law gives me the right to transport my legally registered firearm from one state where I may legally carry it, across a second state where I cannot carry it as long as I am passing through, to a third state where I may legally carry it.

    Where I live in NYS, accidental exposure of a concealed firearm is just that - accidental. If it occurs in a store where some one sees it, often times a manager will approach and ask. It is then his/her decision as to whether I must leave the store or not. If a LEO is called, s/he will probably question me and perhaps escort me to my vehicle. As long as I am civil about the situation, I will NOT be arrested because there is no probable cause. However, if i am NOT civil, the ballgame changes, and I most likely would be taken into custody for Public Display or some other minor charge unless I resist the officer.

    On the other hand, if some young punk is giving me a difficult time, I cannot pull open my cover shirt and show him that I have a firearm. THAT is threatening. THAT will get me arrested and cause me to lose my license and my firearms. I cannot pull my firearm from my holster and wave it around in the air. THAT is brandishing and will have the same cause and effect.

    If I am stopped while driving, I have no obligation to inform the officer that I have a firearm on my person unless s/he asks or I am asked to step out of the vehicle. At that point, I would very politely say, "Officer, I want to inform you that I have a legally registered firearm on my person. What would you like me to do?" while keeping my hands where the officer can see them. Again, unless I cause a display, resist, get mouthy, throw a fit, or whatever, I will NOT be arrested because there is no probable cause.

    I agree that New York City is a world unto itself. Police officers traveling from a home location outside of the city into the city to take custody of an inmate for transport to their home location must relieve themselves of their firearms at the nearest precinct to their entry location and retrieve them when they leave the city. Residents of the five boroughs of New York City can obtain a pistol permit, but they are not allowed to take it outside of the city, or into any of the other boroughs. No one is allowed to transport a handgun through any part of New York City. Federal Law is pre-empted. So, if someone in New Jersey want to take a firearm to New Hampshire, they will have to find a route around the city to do so.

    I, personally, never leave home without my firearm. The only places I do not carry are those where I am prohibited by law from carrying: schools; churches (if posted); Federal buildings including Post Offices; State Parks; and anywhere else it is posted. Why? because police officers don't exist to protect us; they exist to clean up the mess and maybe catch the bad guy or gal. And I train, train, train to stay on top of my game.
    Be the one who walks away

  2.   
  3. Quote Originally Posted by Mother Pearl View Post
    I feel compelled to respond to 'hunter won'. I live in NYS in a county that issues CCR and will upgrade to CCW after additional training. I have obtained my NY CCW, PA CCW, NH CCW, and UT CCW. I can legally carry concealed in 33 states, unless there is an ordinance in a particular State, County, Town, Village, City, Hamlet, or Parish that directs me otherwise. Some states do not require that you have a pistol permit to carry. If I travel to or through any other state than my home state, I always check the firearms laws before I leave my home to make sure I am compliant.

    In New York State, I can transport a rifle in my vehicle on the seat as long as it is unloaded, nothing is chambered, and any ammunition is locked in a container and not within my reach.

    Federal Law gives me the right to transport my legally registered firearm from one state where I may legally carry it, across a second state where I cannot carry it as long as I am passing through, to a third state where I may legally carry it.

    Where I live in NYS, accidental exposure of a concealed firearm is just that - accidental. If it occurs in a store where some one sees it, often times a manager will approach and ask. It is then his/her decision as to whether I must leave the store or not. If a LEO is called, s/he will probably question me and perhaps escort me to my vehicle. As long as I am civil about the situation, I will NOT be arrested because there is no probable cause. However, if i am NOT civil, the ballgame changes, and I most likely would be taken into custody for Public Display or some other minor charge unless I resist the officer.

    On the other hand, if some young punk is giving me a difficult time, I cannot pull open my cover shirt and show him that I have a firearm. THAT is threatening. THAT will get me arrested and cause me to lose my license and my firearms. I cannot pull my firearm from my holster and wave it around in the air. THAT is brandishing and will have the same cause and effect.

    If I am stopped while driving, I have no obligation to inform the officer that I have a firearm on my person unless s/he asks or I am asked to step out of the vehicle. At that point, I would very politely say, "Officer, I want to inform you that I have a legally registered firearm on my person. What would you like me to do?" while keeping my hands where the officer can see them. Again, unless I cause a display, resist, get mouthy, throw a fit, or whatever, I will NOT be arrested because there is no probable cause.

    I agree that New York City is a world unto itself. Police officers traveling from a home location outside of the city into the city to take custody of an inmate for transport to their home location must relieve themselves of their firearms at the nearest precinct to their entry location and retrieve them when they leave the city. Residents of the five boroughs of New York City can obtain a pistol permit, but they are not allowed to take it outside of the city, or into any of the other boroughs. No one is allowed to transport a handgun through any part of New York City. Federal Law is pre-empted. So, if someone in New Jersey want to take a firearm to New Hampshire, they will have to find a route around the city to do so.

    I, personally, never leave home without my firearm. The only places I do not carry are those where I am prohibited by law from carrying: schools; churches (if posted); Federal buildings including Post Offices; State Parks; and anywhere else it is posted. Why? because police officers don't exist to protect us; they exist to clean up the mess and maybe catch the bad guy or gal. And I train, train, train to stay on top of my game.
    Always be civil never argue.If a store manager calls the police on you because they observed the weapon just be very nice and say to them I have a permit to carry and wait with the store manager for the police to arrive so they may see your permit.I was at Walmart last year trying to purchase ammo when I was asked for a pistol permit by the salesperson.She asked me if I had a gun on me and politely said no to her.This person began to tell me how offended she is by people who hunt and own guns.This Walmart was upstate not in NYC so it goes to tell you that many people don't like guns or hunting.I'm for civilian carry have no problem with it.I like the fact that you train and stay on top of your game.

  4. #33
    Join Date
    Apr 2008
    Location
    Western NY
    Posts
    93
    Blog Entries
    1
    "....and after interviewing the subject, RO determined that subject's actions were not intentional as described by complainant and after checking the CCW permit provided by subject and getting a negative wants/warrants check, RO advised subject of concealment requirements and released subject after finishing attached IR (Incident Report). RO found no reasonable cause to believe a violation of law was committed"

    Just an example of a call I was dispatched to (Man with gun) where things were not as they were reported. The guys polo shirt rode up and expose the grip of the gun when he reached up to a top shelf. A kid saw it and told his Mom who then told the store manager, who then called police about the gun carrying terrorist in Wal-Mart. Of course we responded with 4 units and started our Tac-Ops team. I saw the 'subject' walking out with two grocery bags in each arm. I discreetly cornered him and he was a bit surprised at all the coppers looking at him. After explaining what was going on, the subject fully complied, was embarrassed, and felt bad to have all that attention for an accident. Did we overreact? Nope. Was there an overruse of law enforcement? Nope. It was not needed. He did not break the law. We even called the DA to keep him in the loop because of the way the call went out. The DA said: "No crime, no problem, just ask him to be more careful and send him home"

    End of story.

    Could this have had a different ending in a different are of the state? Probably, but not absolutely. There is no absolute with this stuff.

    As I said before, I am out. Get in the last word, comment, or whatever. I have offered info, and enjoyed the chat. There is no use continuing if the info is not being received and understood.

    I will agree that we disagree. That's OK. Making blanket statements like "always" are reckless and not entirely true. There are way too many variables in this to do so.

    Yes, in some areas, you MIGHT be arrested, even if your handgun accidentally becomes visible. BUT, in some areas, you MIGHT NOT.

    There, I said it. MIGHT NOT........it all depends on the area, the LEO on the scene, the DA, the Judge, etc. The list goes on and on.

    Enjoy the posts everyone, hope you learned something.

    The moral of the story is to be discreet, be careful, and be legal - whatever that may consist of in your area.

    Done


    Fin


    See ya


    Over and out
    Dave
    Founder,
    Rochester Personal Defense
    www.safeinrochester.com

  5. #34
    Join Date
    Jun 2008
    Location
    Pennsylvania, Delaware County
    Posts
    451
    Quote Originally Posted by Mother Pearl View Post
    Residents of the five boroughs of New York City can obtain a pistol permit, but they are not allowed to take it outside of the city, or into any of the other boroughs. No one is allowed to transport a handgun through any part of New York City.
    a quick correction, a nyc resident is allowed to take his firearms out of the 5 boroughs if he is in possession of a "hunters autherization card"(the green card). This card amends his permit and allows the permit holder to take his guns out of the city.

  6. Quote Originally Posted by RochPersDef View Post
    "....and after interviewing the subject, RO determined that subject's actions were not intentional as described by complainant and after checking the CCW permit provided by subject and getting a negative wants/warrants check, RO advised subject of concealment requirements and released subject after finishing attached IR (Incident Report). RO found no reasonable cause to believe a violation of law was committed"

    Just an example of a call I was dispatched to (Man with gun) where things were not as they were reported. The guys polo shirt rode up and expose the grip of the gun when he reached up to a top shelf. A kid saw it and told his Mom who then told the store manager, who then called police about the gun carrying terrorist in Wal-Mart. Of course we responded with 4 units and started our Tac-Ops team. I saw the 'subject' walking out with two grocery bags in each arm. I discreetly cornered him and he was a bit surprised at all the coppers looking at him. After explaining what was going on, the subject fully complied, was embarrassed, and felt bad to have all that attention for an accident. Did we overreact? Nope. Was there an overruse of law enforcement? Nope. It was not needed. He did not break the law. We even called the DA to keep him in the loop because of the way the call went out. The DA said: "No crime, no problem, just ask him to be more careful and send him home"

    End of story.

    Could this have had a different ending in a different are of the state? Probably, but not absolutely. There is no absolute with this stuff.

    As I said before, I am out. Get in the last word, comment, or whatever. I have offered info, and enjoyed the chat. There is no use continuing if the info is not being received and understood.

    I will agree that we disagree. That's OK. Making blanket statements like "always" are reckless and not entirely true. There are way too many variables in this to do so.

    Yes, in some areas, you MIGHT be arrested, even if your handgun accidentally becomes visible. BUT, in some areas, you MIGHT NOT.

    There, I said it. MIGHT NOT........it all depends on the area, the LEO on the scene, the DA, the Judge, etc. The list goes on and on.

    Enjoy the posts everyone, hope you learned something.

    The moral of the story is to be discreet, be careful, and be legal - whatever that may consist of in your area.

    Done


    Fin


    See ya


    Over and out
    Incident report reads like this The undersigned responded to the above I/L negative criminal activity noted Subject was advised to properly conceal weapon and take a class at Rochester Personal Defense.

  7. #36
    Join Date
    Jul 2010
    Location
    Western NY
    Posts
    15
    Don't mean to offend anyone but...I left a number of other message groups do to "in-fighting." I understand this is a learning experience for people but there are better ways to clarify matters then by calling credentials and backgrounds in to question. Utilize the private messaging feature here but don't have a public pissing contest. It detracts from the reason why we are all here...

  8. Quote Originally Posted by Rev72 View Post
    Don't mean to offend anyone but...I left a number of other message groups do to "in-fighting." I understand this is a learning experience for people but there are better ways to clarify matters then by calling credentials and backgrounds in to question. Utilize the private messaging feature here but don't have a public pissing contest. It detracts from the reason why we are all here...
    This was in no way making fun of his credentials even if he was just a part time cop in rural upstate.The issue was that you can not be arrested for menacing without malice and intent.Not everyone here that visits this site understands law enforcement.Rules & Procedure may require an officer make an arrest with a sworn affidavit signed by the complainant.The reason I became very vocale was that this was coming from an instructor and owner of a self defense school that people here trust & believe.Proper training is key,I'm glad that Dave realized I was making it a point for the safety of everyone and get him to agree that you could be arrested for such a mistake.The last thing we need is an overzelous officer.It's a shame but most cops are not gun buffs.Its a tool that they don't even carry off duty.Like I said some poor slob lost his pistol permit for an honest mistake.Keep it concealed and be safe.

  9. #38
    Join Date
    Jul 2010
    Location
    Western NY
    Posts
    15
    Hunter...I never said that anyone was making fun of anyone's credentials. Please don't misquote me. However, I am not saying you are right or wrong. The both of you were just going at it "hot and heavy" and we should look to educate each other without it turning in to an argument. And there will always be overzealous offices out there...unfortunately there is nothing we can do about that.

  10. #39
    Join Date
    Jun 2009
    Location
    Upstate NY on the PA border
    Posts
    25
    Quote Originally Posted by ricardo900 View Post
    a quick correction, a nyc resident is allowed to take his firearms out of the 5 boroughs if he is in possession of a "hunters autherization card"(the green card). This card amends his permit and allows the permit holder to take his guns out of the city.
    Thank you for the correction. Nice catch. I forgot about the 'green card'.
    Be the one who walks away

  11. Reciprocity with concealed permit between VA. And NY State

    I assume that there is no reciprocity between NY and VA when you have a VA concealed permit. Am I correct?

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