Dude open carrying. nobody freaked out!
- Thread starter Target
- Start date
Marine Cpl
.577 Tyrannosaur.
You sure do. You hide behind it. I would love nothing more than to meet you at a mutual place away from cops and have you spout your mouth like you do here.
HighlandLofts
6.5 Creedmoor
Boy this sure went sour.
Dr. Evil
20×102mm Vulcan
Like a fungus.
Dr. Evil
20×102mm Vulcan
If the shoe fits.
spat
.950 JDJ
I never said there wouldn't be consequences.
I even specifically said you are likely to be charged for some generic catch all "disturbing the peace" like charge the first time you panic a sheeple.
But you will not be successfully charged under PL 400 or PL 265.
If you are all into proof, why don't you walk around while OC and prove to me that you will get such a charge.
You OTOH seem to be gunning for the first ban on the new forum.
HighlandLofts
6.5 Creedmoor
I don't have to worry about any laws when I open carry because it's legal here with out a permit, Permit's here are only needed to carry a handgun concealed.
Here you go to the store buy your handgun, wait the 5 days (I guess it is, unless you have a permit then you just take it home with you". Once you get your gun put it in a holster and carry on, no big shit.
Here you go to the store buy your handgun, wait the 5 days (I guess it is, unless you have a permit then you just take it home with you". Once you get your gun put it in a holster and carry on, no big shit.
spat
.950 JDJ
Hey, can you OC a long gun here ? There's obviously nothing in PL 400 or PL 265 about that at all.
The answer is sure you can, as long as you don't panic a sheeple, same as pistols.
You will be charged with panicking the sheeple when one of them calls hysterical and an officer is forced to "do something" about it, because too many of our officers aren't trained to just say "he's doing nothing wrong, let him be". They think their job is to "deal with the situation", and it is much easier for them to deal with you than the wailing banshee that called in the complaint, so rights be dammed.
The right answer is for the dispatcher to say "OK, what's the crime you want us to look into ?" And treat it as if they called up to report a guy wearing a red shirt.
Marine Cpl
.577 Tyrannosaur.
The big difference between long guns and pistols is that there is no law regulating licensing to carry a long gun. So yes. You can open or conceal carry a long gun.
Not so with a pistol. Those are illegal for everyone to possess unless exempted by Penal Law 400 which states how it must be carried for those exempted by it. It even states that those who violate the provisions of the law itself will not be charged via Penal Law 265 but rather from Penal Law 400 itself as a Class A Misdemeanor.
nortatoga
.338 Win Mag
That is how NYS gets around the Second Amendment! What is protected by 2A Open or Concealed Carry?
spat
.950 JDJ
We'll just have to disagree. I think OC of a long gun and OC of a pistol (with a valid permit) are *exactly* the same. The conditions on the permit in PL400 are administrative, nothe criminal in nature. To violate the criminal part of PL400, you would have to do something it explicitly forbids.
Marine Cpl
.577 Tyrannosaur.
So you want to continue to ignore the part that says that a violation of Penal Law 400 is subject to a Class A Misdemeanor?
You also don't want to not answer the question of whether a Premise Permit Holder can open or conceal carry outside the home against the stipulations of Penal Law 400 because it doesn't say he can't?
spat
.950 JDJ
I don't think those *are* violations of PL400.
They could maybe make an argument that having the pistol someplace outside it's license makes the license invalid (like carrying in NYC), but they also probably won't.
They could stuff 20 rounds of .22lr into your 10 round glock magazine and try to jam you up over that too, but it's not worth worrying about because they won't do it now.
Marine Cpl
.577 Tyrannosaur.
Answer the question. Can a Premise Permit Holder carry a concealed or open weapon outside of the home or business because Penal Law 400 doesn't specifically say they cannot?
If the answer is yes, what is the purpose of the other licenses issued?
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nortatoga
.338 Win Mag
Not under 400.00 (6)
Marine Cpl
.577 Tyrannosaur.
That's my point. There are various licenses. One is for the home or business only with no carry outside of it. Another is for concealed carry for couriers of a bank. Another is for possession by FFL'S. Another is for those without regard to employment and place of possession.
Each and every license is for a reason. Under Spat's logic, the Premise Permit covers everything since it doesn't say you can't carry and the concealed carry permit that we have is for open to because it doesn't say you cannot.
nortatoga
.338 Win Mag
He said * Valid License *
I have never heard of any one being charged under 400 or 265 for having their handgun carried Openly. I talked to a couple of Judges that I know and they said the same. I am sure it happens, just not often.
spat
.950 JDJ
PL 400 says specifically that the license is not valid anywhere else for those types of license, and yet, those license holders are *still* exempted for taking it to a range for instance.
Nowhere in PL 400 does it say that you must conceal. It says that you *may* conceal.
In most states OC is understood as a basic right, and you need special permission to conceal.
That is the purpose of the "and carry concealed" part of the license. It is expanding the allowed activity, not limiting it.
spat
.950 JDJ
Is your argument seriously that NY law wouldn't have a section if it didn't mean something ?
We were just discussing the law the other day that outlaws magazines with normal capacity, and has a provision a outlawing ones made before 2013, and another outlawing ones made after.
nortatoga
.338 Win Mag
More likely a strong talking to, retake permit class. suspension and finally revoke!
spat
.950 JDJ
I think if you get caught with your premise permit outside it's restrictions, you will lose the permit, and all your guns with it. I don't think you will be charged under PL265 *or* PL400.
Marine Cpl
.577 Tyrannosaur.
That's because they just don't. That doesn't mean the law doesn't say otherwise. I've never heard of anyone getting charged with watering their lawn on Sunday but the law is there.
In all my dealings, both personal as well as professional, I have never heard of anything except a bit of a lecture. Again, more may happen, just does not seem to often.
Marine Cpl
.577 Tyrannosaur.
Not it doesn't. It says to have=possess and carry concealed. Nowhere does it say "MAY".
nortatoga
.338 Win Mag
For most the lecture should be enough!
I guess it just bothers me how many tip toe and cower all of the time. Live a little, push the boundaries a bit.
This is one of the reason why we are not free in NY and America.
Marine Cpl
.577 Tyrannosaur.
Why do you keep bringing this up after explained already. You can get charged from Penal Law 400 for a Class A Misdemeanor itself which you keep ignoring but they don't because people don't do it, do it in counties where nobody cares, or do it while hunting because how the hell else are you going to do it.
For those rare times that people have been caught and an issue was made of it, the prosecutor offered the easy way out of revocation. We just don't hear about it.
Marine Cpl
.577 Tyrannosaur.
There isn't anything to push when the law is clear.