imported post
I am from UpStateNY, Clinton County.
there is no open carry in NY.
However there is nothing says that there is no open carry....in the absence of a specific law then it is "allowed' more or less depending on where you live.
The retrictions placed on permitsare unsupported in statute, makes no difference what court rules, there is no basis for the ruling. You will get a world of crap and perhaps cause yourself some grief but the reality is the Courts are not following the law.
If they were then each county in NY would be subject to the same rules and regs.
This is not so, here permits are issued for life. Some places require renewals and training. Not that way here.
Permits are issued with and without the rubber stamp restrictions depending on who you know.
I have never heard of anyone here being arrested for carrying outside the restrictions on the permit. It simply is not an issue that LEO want to get involved in
if you have a permit you are OK.
I have been involved with handguns since 1972 .
I have been fighting these illegal additions for over 20 years.. the bordering counties here issue clean CC permits which are good in clinton county of course unrestricted so in effect we are being geographicly discriminated against.
LEO's here get the same permit as everyone else, restricted.
that includes Correction Officers, Sherriffs, State Police, Local PD and everyone else.
The judge that issued mine actually told me that if I were to put down self-defense the permit would be denied. And I did not need a permit as I carried on my badge.
The problem is here that if the permit holders would actually get out on voting day and vote out restrictive judges then this would go away.
The original reason these "restrictions" were placed was to shift liability to the gun owner if he actually shot someone in self defense and was charged the issueing authority could say he was carrying outside the scope of his permit.
As I stated, there is no Statutory Provision for restriced licenses... nothing supports it.
This "adminstrative function of the licensing officer " crap is a fancy way of saying some judges can put anything they want, means nothing, can;t be charged with a crime, can;t be arrested.
Penal Code says in order to be revoked one must be guilty of a crime or serious offense".
If carrying outside the restictions is not a crime, and therefore by definition cannot be a serious offense then how can the license be revoked? There has been no violation of the law. What the Judge adds is not law, if that were the case the presiding judge could add all sorts of stuff to anythng and call it thelaw. It is the judges function to administer the law as supported in the Statutes.
It is not the function of the Judge or Sherrif or anyother LEO to "make law"
their function is to enforce the existing law.
If all juristictions would follow the Law concerning handguns then there would be no restricted permits.
My license says "license to carry pistol is hereby granted to"
says noting about open carry , concealed caryy or whatever...just says license to carry.
Part of the issue and the stance of the courts says that if the "unresticted license were issued then the rest of the licenses would be a moot point"
meaning premise license, security guard-employment etc.
If you follow this reasoning then everyonewith a CDL would have restrictions in place tomake the other licenses available valid...if that makes sense to you then perhaps you should run for the NY Senate.
It is illegal to leave your hand gun in your car, therefore you must take it with you or you are guilty of a crime.
If you are carrying concealed and your weapon is visible thru your clothes, then you can be charged with brandishing a weapon ....
Remember above all else we are in NY, those of us who live here know what that means.
I urge all CCL holders in NY to look at the people in charge of letting you have the rights that the Constitution affords us.
Ny believes that it can supercede the Constitution and that isOK...it is not.
"He who sacrifices personal liberties for a false sense of security deserves neither liberty nor security" Ben Franklin
Here in NY we sometimes take the stance that its nice of the State to allow us what is rightfully ours to begin with.
I believe that its our job to make sure the State not only allows it but does nothing to block it, ie unrealistic fees, thousands of hoops and rules. Not actually outlawing a lawful practice but making it so difficult to excersise that most will just give up and become one of the sheeple.
I would like tobelieve that there are many of us left that do not subscribe to the above mindset.
