Open carry of rifle/shotgun legal in most of NYS
- Thread starter ronstar
- Start date
US RIFLE M1A
.45 acp
An excellent example, believe it or not, is HR 218, which most cops think is a '50 state license to carry.'
No, it's not.
The effect it has is to create a system of nationwide courtesy, but it is not a carry license. A PO carrying on HR 218 can be arrested for carrying the weapon, but it will probably be thrown out eventually. A private citizen with a real non resident license cannot be arrested for simply possessing a weapon, doing so would be a false arrest.
HR 218 creates the same conflict discussed above, but on a state and federal level disagreement. In court, the defendant cop would say "I was carrying, I was carrying on 218 and I was hoping you guys would respect that."
A real handgun license (including a non resident license) creates no conflict at all. It says what it means and it means what it says.
This forum is packed full of stories of people from out of state having a firearm with a non NY permit. I don't recall any where someone wasn't arrested and charged.
Matter of fact a NYS guardsmen was charged for having a 30 rd mag if I remember correctly.
US RIFLE M1A
.45 acp
Albany Airport, Vermont residents. Constant problem. They are not used to licenses of any sort in Vermont.
spat
.950 JDJ
The law says "to have and carry concealed".
Acer-m14
20×102mm Vulcan
This is the law that allows handgun carry in public. It states:
f) have and carry concealed, without regard to employment or place of possession, by any person when proper cause exists for the issuance thereof"
Article 400 | NYS Penal Law | Licensing Provisions Firearms
Any owner in possession of a firearm who suffers the loss or theft shall within twenty-four hours report the loss...ypdcrime.com
is this a better Source then ypdcrime .. ?
find the section ..
NYS Open Legislation | NYSenate.gov
ronstar
.357 mag
Yeah, "carry concealed". No other form of carry is allowed or mentioned
spat
.950 JDJ
To have is one thing that is granted.
To carry concealed is another.
You are certainly allowed to "to have" without "carrying concealed".
For proof I would offer the following:
It is illegal for a non permit holder to keep a pistol at home on their nightstand.
It is not illegal for a permit holder to do so.
A pistol sitting on your nightstand is not being "carried" or "concealed".
Yep. Having and carrying are two separate things. Hence why they do not say “to have and have concealed.”
Have is ownership. You can “Have” and not carry or bear. You cannot own a handgun in NYS unless you have an exemption for it granted you to via Penal law 400. That’s the “Have” part. The carry carrying concealed is the exemption for carry.
When I lived in Florida I was allowed to have a handgun no problem. Justa nics check. Take it home or keep it in my car. But I couldn’t carry it until I got licensed to.
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