I OPEN CARRY

[BillMCyrus]

Its called the Second Amendment. It is federal law!

Which is all fine and good except that the state of New York has ignored the 2nd Amendment since 1911 and has had ZERO consequences brought to it for doing so. It has been unenforceable since 1875 with the Supreme Court ruling of the Slaughterhouse cases and 1879 US v. Cruikshank. Between then and now NY has built up the volume of case law that it has to treat us so badly with. It's only because NY has no state constitutional protection for right to arms and those two rather hideous rulings that NY's government has gotten away with it, but because they have it's become deeply entrenched.

HOWEVER, such will be put to an end within the next few years thanks to the Supreme Court rulings of DC v. Heller and McDonald v. Chicago which will be used to strike down NY's bad laws and court decisions. Only since the McDonald decision has there even been any legal standing of individual 2A rights in a state, which is a whopping 2 years versus 100 the other way, so again NY isn't legally able to trod on us now in theory, but they've been used to abusing us so it's going to take a while to put it into practice. But now we can win, but we haven't totally won yet. It's in progress, with Williams v. Maryland headed to the Supreme Court and soon to follow it the case of Kachalsky v. Cacace, Palmer v. DC, Woollard v. Sheridan, Muller v. Maenza, Richards v. Prieto, Hightower v. Boston, and Peterson v. Garcia. Kachalsky is specifically directed at Westchester county here in NY.

 

[FireStar M40]

Self Defense/Personal Protection..!!

FishMan said in part..

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.

That's interesting. Right now, as I write this, I'm looking at a Xerox copy of a State Of New York (Ontario County) pistol/revolver license application in which the person applying was your average "next door neighbor Joe" (non-LEO).. just like most of the posters here.

Under the question, ie: "License is required for the following reason", the answer they gave was.. "Self Defense/Personal Protection"! That person had no problems getting their LCP.. so what gives with the above "self defense would be denied?

FireStar M40

 

[emsjeep]

FishMan said in part..



That's interesting. Right now, as I write this, I'm looking at a Xerox copy of a State Of New York (Ontario County) pistol/revolver license application in which the person applying was your average "next door neighbor Joe" (non-LEO).. just like most of the posters here.

Under the question, ie: "License is required for the following reason", the answer they gave was.. "Self Defense/Personal Protection"! That person had no problems getting their LCP.. so what gives with the above "self defense would be denied?

FireStar M40

Every county is different, and even some issuing authorities (judges) will give different responses within the same county. You need to know what the story is where you are applying.

 

[Makarov]

Actually there is a federal carry permit.

Remember Ted Nugent...he would always say the Second Amendment is my concealed Weapons permit. The Second Amenedment is federal. lol

 

[Makarov]

The Second Amendment is my Federal Concealed Weapons permit....Ted Nugent

 

[Firedawg314]

That is very intersting and said that states like yours (NY) makes it so hard to have a conceal and carry lisence. I have one from Missouri... and I thought it was pretty "backwards" here. Our CCW is good for the entire state. But certain counties allow Open carry. For example, St. Louis City, will arrrest you for opencarry, even with a CCW. But you go 60 seconds outside of STL to one of the counties, its ok... go another few blocks or even miles, its back to illegal again???!!! You almost have to visit each and every city and find out their rules before you go on with your day.

But whats wild... lets say that your subrubs etc allow, open carry with a CCW, but the city of NY doesn't... over time people, cops etc think that what ever laws are with the city is for the state.

SO, hopefully with our new president and other followers we can help change these laws that 2A is enforced with a nation wide acceptance. Also, that if you can a CCW that its good throughout the country instead of ....this state and not that state...etc. You know... I would be willing to pay $100 per 4 years as long my CCW is good throughout the country....

Anyway, PEACE!

 

[jonjon_jon]

The Second Amendment is my Federal Concealed Weapons permit....Ted Nugent

I'm just a simple man but I don't know how it could be any clearer? This line comes from State Contitution.
I just don't understand why your state government should restrict firearms? Of course I'm from Maine and we have very liberal gun rights.

Bill of Rights, Article II Section 4

A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms cannot be infringed.

 

[Armyman73]

Right to bear arms

I'm just a simple man but I don't know how it could be any clearer? This line comes from State Contitution.
I just don't understand why your state government should restrict firearms? Of course I'm from Maine and we have very liberal gun rights.

Bill of Rights, Article II Section 4

A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms cannot be infringed.

This discussion has been going on for years, yes that is what the US Constitution states, lets break it down: A well regulated militia is being directed toward the citizen soldier of which each state has. The right to keep and bear arms for the people was directed to allow the people to take up arms against a common foe at the time the Constitution was written for. To keep posting that the state is in violation read the security of a free state allows them to do so.
I too am retired military and was upset about NYS permit procedures but as a law abiding citizen I did what I had to do.

 

[hermannr]

Very old post, but a subject that is dear to me. The NYS license to carry, is just that a license to carry, (look at your permit, what does it say? "concealed" is not there. Just plain old "carry")

I know you need a license to Possess, and you also need a license to carry (however, you license to carry is a license to "HAVE and Carry" so it performs both functions. I am not arguing what is legal according to the 2A or not, I am argueing what "IS" in the case of NYS.

Anyway, there is no article in either 265 or 400 that makes OC illegal...and the argument that 400.00(2)(f) states "have and carry concealed" is not a valid argument. Why...1: The license is to possess and carry...says so right on it. NY follows English law, that which is not specifically prohibited is permitted....There is no specific law in NY penal code that specifically states it is illegal to OC. Does not exist. Everyone will agree that an armord car escorts and drivers OC on a regular basis...why? It is a good deterent, and it is NOT illegal to OC in NYS. Or how about when you are hunting? OC is common in NY by those that are hunting? It is not in the F&W regs (or DEC if that is what you want to call them)

Everyone I talk to want a specific code that states you can OC...but that is not what happens, why should you need specific permission to OC, when you already have permission to possess and carry?

Now, for the final question for full time NYS residents...Can you post a link to ANY court case with a conviction and an appeal that has been published....that the ONLY charge was the person was OC WITH and license to carry...I don't know of any.

One other question for you NYS residents with a carry license: If you were to OC, and be arrested...what code wopuld you be charged with violating?

 

[hammer6]

Very old post, but a subject that is dear to me. The NYS license to carry, is just that a license to carry, (look at your permit, what does it say? "concealed" is not there. Just plain old "carry")

I know you need a license to Possess, and you also need a license to carry (however, you license to carry is a license to "HAVE and Carry" so it performs both functions. I am not arguing what is legal according to the 2A or not, I am argueing what "IS" in the case of NYS.

Anyway, there is no article in either 265 or 400 that makes OC illegal...and the argument that 400.00(2)(f) states "have and carry concealed" is not a valid argument. Why...1: The license is to possess and carry...says so right on it. NY follows English law, that which is not specifically prohibited is permitted....There is no specific law in NY penal code that specifically states it is illegal to OC. Does not exist. Everyone will agree that an armord car escorts and drivers OC on a regular basis...why? It is a good deterent, and it is NOT illegal to OC in NYS. Or how about when you are hunting? OC is common in NY by those that are hunting? It is not in the F&W regs (or DEC if that is what you want to call them)

Everyone I talk to want a specific code that states you can OC...but that is not what happens, why should you need specific permission to OC, when you already have permission to possess and carry?

Now, for the final question for full time NYS residents...Can you post a link to ANY court case with a conviction and an appeal that has been published....that the ONLY charge was the person was OC WITH and license to carry...I don't know of any.

One other question for you NYS residents with a carry license: If you were to OC, and be arrested...what code wopuld you be charged with violating?

Soooooo, why don't you find someone who has a NYS carry license to go out and OC?