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Open carry ny

Ennion

Newbie
Joined
Jan 1, 2017
Messages
10
Location
Wilds of NY
Hi there folks, just found this forum researching this question.

I'll keep this brief.


I was talking to a fellow yesterday, whose wife just got her CCW in Chemung county, he read the letter to me over the phone, it said, "although open carry is legal in NYS, it is highly recommended that you carry concealed". This was a letter from the permit office in Chemung.

I've always known and always been told, that NYS is CCW only. This letter is a huge discrepancy, why would the permit office put this letter out?

Can anyone shed some light on this for me?
 

color of law

Accomplished Advocate
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Oct 7, 2007
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5,359
Location
Cincinnati, Ohio, USA
Carrying any firearm in New York requires a person to have a New York Permit/License. If you have a New York Permit and given the politically sensitive nature of handgun licensing in New York State I would recommend you keeping your firearm concealed.
 

color of law

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Cincinnati, Ohio, USA
Let me just add that the New York's constitution does not address the right to bear arms. However, now that the second amendment applies to all the states, including New York, constitutional OPEN carry versus conceal carry - right versus privilege needs to be challenged. But, who is going to be the Guinea pig?
 

Ennion

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Joined
Jan 1, 2017
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Location
Wilds of NY
No one I know, OC's in NY. My CCW was issued in 1991, and ive always been told, its CCW ONLY. However, that letter from Chemung Cty as well as observing several individuals over the last year or so, have sown some doubt.


Personally, I will never OC, except perhaps while hunting. I just dont need the soccer mom hassles.And I cant afford a phalanx of attorneys to defend me to get my gear back.

I just cant wrap my mind around that letter. has us baffled.
 

bc.cruiser

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Apr 2, 2011
Messages
774
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Fayetteville NC
It appears the State of New York wishes to keep its boot planted firmly on your neck. NO ONE without a NY license can carry in your state, so given the fact that the state does not recognize your RKBA, your best course is then to CC. I'm sure it's also pointed out that your "license" is invalid in New York City. Go figure.:banghead:

Slide on south on SR14 or US220 to that state just south of you when you feel the urge to freely OC.
 

Ennion

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Jan 1, 2017
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Location
Wilds of NY
It appears the State of New York wishes to keep its boot planted firmly on your neck. NO ONE without a NY license can carry in your state, so given the fact that the state does not recognize your RKBA, your best course is then to CC. I'm sure it's also pointed out that your "license" is invalid in New York City. Go figure.:banghead:

Slide on south on SR14 or US220 to that state just south of you when you feel the urge to freely OC.

Luckily, PA granted me and my wife concealed carry licenses. Getting a PA license was simple as driving to Scranton and plunking down 20 bucks and 20 minutes.

I'd move to PA if I could, but thats not possible currently.
 

solus

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here nc
ya'll need to thank the inital gangster who pushed the statute and the currently installed pseudo-gangster NY GA for allowing the injustice to continue this day.

ipse
 

davidmcbeth

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earth's crust
Let me just add that the New York's constitution does not address the right to bear arms. However, now that the second amendment applies to all the states, including New York, constitutional OPEN carry versus conceal carry - right versus privilege needs to be challenged. But, who is going to be the Guinea pig?
One need not be arrested to challenge the constitutionality of a law ... one can simply file a federal case on the point...before they are arrested.

I would file one but who would rule on such a thing as I also believe its a natural right wherein no .gov's opinion really matters in respect to the right itself. [ie if I were to file it would be acknowledging that a .gov can tell me what my rights are ~ if I did that they would say I have no rights at all]
 
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countryclubjoe

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nj
One need not be arrested to challenge the constitutionality of a law ... one can simply file a federal case on the point...before they are arrested.

I would file one but who would rule on such a thing as I also believe its a natural right wherein no .gov's opinion really matters in respect to the right itself. [ie if I were to file it would be acknowledging that a .gov can tell me what my rights are ~ if I did that they would say I have no rights at all]
Good point David, you are in theory not given them any jurisdiction over you or over your rights..

regards
 
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davidmcbeth

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earth's crust
Good point David, you are in theory not given them any jurisdiction over you or over your rights..

regards
I've told judges in court proceedings that I don't care what they think in respect to their opinions related to natural rights. Some will lecture me on the subject, spouting off and indicating the totality of koolaid that they have drunk.

Heck, I don't even vote for these people. When I complain and seek to gather support to allow people to vote (and for recalling/misconduct laws to become law) for these lizzurds.. they try to kick me out of their courthouses. Of course their responses does not have the desired effect.
 

countryclubjoe

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Messages
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nj
I've told judges in court proceedings that I don't care what they think in respect to their opinions related to natural rights. Some will lecture me on the subject, spouting off and indicating the totality of koolaid that they have drunk.

Heck, I don't even vote for these people. When I complain and seek to gather support to allow people to vote (and for recalling/misconduct laws to become law) for these lizzurds.. they try to kick me out of their courthouses. Of course their responses does not have the desired effect.
Indeed, they also like to intimidate folks, A little provocation and their violent nature comes out.. Making them play the bully and embarrassing themselves is thrilling..

Regards
 

California Right To Carry

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Dec 21, 2013
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462
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United States
N.Y. Penal Law § 400.00

NPL 400.00 describes the types of handgun carry licenses which are available and a license to openly carry a handgun in public is not one of them.

"This case targets the license available under section 400.00(2)(f). That section provides that a license "shall be issued to... have and carry [a firearm] concealed... by any person when proper cause exists for the issuance thereof." N.Y. Penal Law § 400.00(2)(f). This is the only license available to carry a concealed handgun "without regard to employment or place of possession." Id. Given that New York bans carrying handguns openly, applicants—like Plaintiffs in this case—who desire to carry a handgun outside the home and who do not fit within one of the employment categories must demonstrate proper cause pursuant to section 400.00(2)(f)." Kachalsky v. County of Westchester, 701 F. 3d 81 - Court of Appeals, 2nd Circuit (2012) at 86. (emphasis added)

New York state law does not prohibit the Open Carry of certain long guns. Hopefully, the letter would have made that clear.

The City of New York has its own licensing requirements.
 
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countryclubjoe

Regular Member
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Mar 3, 2013
Messages
2,505
Location
nj
NPL 400.00 describes the types of handgun carry licenses which are available and a license to openly carry a handgun in public is not one of them.

"This case targets the license available under section 400.00(2)(f). That section provides that a license "shall be issued to... have and carry [a firearm] concealed... by any person when proper cause exists for the issuance thereof." N.Y. Penal Law § 400.00(2)(f). This is the only license available to carry a concealed handgun "without regard to employment or place of possession." Id. Given that New York bans carrying handguns openly, applicants—like Plaintiffs in this case—who desire to carry a handgun outside the home and who do not fit within one of the employment categories must demonstrate proper cause pursuant to section 400.00(2)(f)." Kachalsky v. County of Westchester, 701 F. 3d 81 - Court of Appeals, 2nd Circuit (2012) at 86. (emphasis added)

New York state law does not prohibit the Open Carry of certain long guns. Hopefully, the letter would have made that clear.

The City of New York has its own licensing requirements.
Simply amazing how some city's and states can get away with violating the Constitution...
 

The Truth

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Henrico
What an absolute joke. If I hit the lottery one day I vow to OC a handgun in Times Square and drag out the appeals process ad infinitum.
 

Ennion

Newbie
Joined
Jan 1, 2017
Messages
10
Location
Wilds of NY
I stil go back to that letter from the chemung cty sheriffs office saying OC isnt banned. I dont understand why they'd say that, its clearly not legal..
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
8,729
Location
here nc
Hi there folks, just found this forum researching this question.

I'll keep this brief.


I was talking to a fellow yesterday, whose wife just got her CCW in Chemung county, he read the letter to me over the phone, it said, "although open carry is legal in NYS, it is highly recommended that you carry concealed". This was a letter from the permit office in Chemung.

snippp...QUOTE]

I stil go back to that letter from the chemung cty sheriffs office saying OC isnt banned. I dont understand why they'd say that, its clearly not legal..
a letter you have never seen, or touched, or lovingly held, and verified this is what it actually says, therefore, your 'fellow' or his 'wife' unbeknownst to you, might have a reading disability!!

please Ennion, follow the guidance in the letter your 'fellow's wife' received and OC anywhere in the great state of NY and let us know the results.

ipse
 

Ennion

Newbie
Joined
Jan 1, 2017
Messages
10
Location
Wilds of NY
Hi there folks, just found this forum researching this question.

I'll keep this brief.


I was talking to a fellow yesterday, whose wife just got her CCW in Chemung county, he read the letter to me over the phone, it said, "although open carry is legal in NYS, it is highly recommended that you carry concealed". This was a letter from the permit office in Chemung.

snippp...QUOTE]



a letter you have never seen, or touched, or lovingly held, and verified this is what it actually says, therefore, your 'fellow' or his 'wife' unbeknownst to you, might have a reading disability!!

please Ennion, follow the guidance in the letter your 'fellow's wife' received and OC anywhere in the great state of NY and let us know the results.

ipse
I've known this guy for better than 20 years. He read it to us over the phone, and i'd trust his words. He'd never make this up.
 
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