Your above law is just about conceal carry, like here in Mi.By Skip Coryell said:I had spoken with the Chief in that town and I knew that
he was dead-set against open carry and even against concealed
carry. Once, in a private conversation in his office, I
asked him what he would do if I were to walk through town
wearing a pistol and holster. He told me in no uncertain
terms that he would arrest me. I believed him.
Just to be safe, we contacted the County Prosecutor, the
State Police and the State Attorney General, just to make
sure that what we were doing was legal. To my surprise,
they all agreed that it was. They even pointed me to several
legal sources: Attorney General Opinion 7101 on brandishing,
and MCL 750.234d. I was reassured, but still nervous.
Just to make sure, we recruited an attorney to attend our
event, just in case.
A strange thing happened to me. I was no longer nervous.
In fact, I was downright happy, gleeful even. It felt good
to no longer have to hide my pistol behind a shirt. At that
moment, while walking down main street with all eyes
watching, I felt more like a free man than at any other
point in my life. mcrgo.org
This is a common misconception. Many see the absence of a law specifically prohibiting carry as a defacto right to carry - that is incorrect. Here in NYS, the laws that dictate illegal possession of a pistol stipulate that the only exemption is for those who have pistol permits. The law covering pistol permits ONLY allows for concealed carry permits with or without restrictions. As such, the only recognized legal carrying is concealed carry and if you open carry - you will be in violation of the laws governing illegal possession as they only recognize concealed carry permits.Some argued that there was no law saying we could OC but laws NEVER say what we can do, they only say what we CAN'T do.
But of course if your 'illegally' possessing a gun it won't matter how you carry. You may be right but can you post the law?Here in NYS, the laws that dictate illegal possession of a pistol stipulate that the only exemption is for those who have pistol permits. The law covering pistol permits ONLY allows for concealed carry permits with or without restrictions. As such, the only recognized legal carrying is concealed carry and if you open carry - you will be in violation of the laws governing illegal possession as they only recognize concealed carry permits.
Bolded is questionable but underlined is wrong as per 400.00(17)NYS Penal Law
FIREARMS AND OTHER DANGEROUS WEAPONS
Section 265.00 Definitions.
265.01 Criminal possession of a weapon in the fourth degree.
265.02 Criminal possession of a weapon in the third degree.
265.03 Criminal possession of a weapon in the second degree.
265.04 Criminal possession of a dangerous weapon in the first degree.
265.05 Unlawful possession of weapons by persons under sixteen.
265.06 Unlawful possession of a weapon upon school grounds.
265.08 Criminal use of a firearm in the second degree.
265.09 Criminal use of a firearm in the first degree.
265.10 Manufacture, transport, disposition and defacement of
weapons and dangerous instruments and appliances.
265.11 Criminal sale of a firearm in the third degree.
265.12 Criminal sale of a firearm in the second degree.
265.13 Criminal sale of a firearm in the first degree.
265.14 Criminal sale of a firearm with the aid of a minor.
265.15 Presumptions of possession, unlawful intent and defacement.
265.16 Criminal sale of a firearm to a minor.
265.17 Criminal purchase of a weapon.
265.25 Certain wounds to be reported.
265.26 Burn injury and wounds to be reported.
265.30 Certain convictions to be reported.
265.35 Prohibited use of weapons.
265.40 Purchase of rifles and/or shotguns in contiguous states
S 265.20 Exemptions.
a. Sections 265.01, 265.02, 265.03, 265.04, 265.05, 265.10, 265.11,
265.12, 265.13, 265.15 and 270.05 shall not apply to:
3. Possession of a pistol or revolver by a person to whom a license
therefor has been issued as provided under section 400.00 or 400.01 of
this chapter; provided, that such a license shall not preclude a
conviction for the offense defined in subdivision three of section
265.01 of this article.
Depending on where they find the pistol and the circumstances, that will determine what sub-section of the law applies. The exemption above identifies persons who have a valid NYS Pistol permit. NYS Penal Law 400.00 identifies the requirements for pistol permits - concealed only. If you are caught open carrying - you will be in violation of 400.00 and could be subject to Penal Law 265 - illegal possession.
Thereby, IF you are in violation of 400.00 by open carrying, it would be a violation ONLY of 400.00 (2)(f) (or violation of the particular section you happen to be licensed under) and any further discussion of 265.xx is completely irrelevant because you cannot be liable for violating both 265.xx and 400.00 at the same time.17. Applicability of section. The provisions of article two hundred
sixty-five of this chapter relating to illegal possession of a firearm,
shall not apply to an offense which also constitutes a violation of this
section by a person holding an otherwise valid license under the
provisions of this section and such offense shall only be punishable as
a class A misdemeanor pursuant to this section. In addition, the
provisions of such article two hundred sixty-five of this chapter shall
not apply to the possession of a firearm in a place not authorized by
law, by a person who holds an otherwise valid license or possession of a
firearm by a person within a one year period after the stated expiration
date of an otherwise valid license which has not been previously
cancelled or revoked shall only be punishable as a class A misdemeanor
pursuant to this section.
Once you have a LICENSE, you are exempt BY STATUTE (400.00(17)), from the enumerated portions of 265 and violations of any portion of 400.00 are handled separately (public carry with a premise license, for example).This is a common misconception. Many see the absence of a law specifically prohibiting carry as a defacto right to carry - that is incorrect. Here in NYS, the laws that dictate illegal possession of a pistol stipulate that the only exemption is for those who have pistol permits. The law covering pistol permits ONLY allows for concealed carry permits with or without restrictions. As such, the only recognized legal carrying is concealed carry and if you open carry - you will be in violation of the laws governing illegal possession as they only recognize concealed carry permits.
Almost a compelling argument you made. Start your own thread instead of resurrecting a 6 yr old one ...I have started a petition to allow open carry in New York. Here is the link: https://www.change.org/p/andrew-cuo...utm_source=share_petition&utm_medium=copylink
One needs a drivers license to carry,possess or transport a hand gun... ODDMe thinks OC in New York, is the last of the New Yorker citizen's worries who have to go through the follow gauntlet to even BUY a handgun:
New York's hand gun laws A permit is required to purchase handguns
Registration is necessary under handgun laws
Licensing of ownership is required
A permit to carry is required
To further elaborate the state's rigorous handgun laws ,one must have an understanding of how meticulous the procedures are. The application for a handgun license begins at the local police department where a background check and fingerprinting will be administered. Once approved, the application will then get passed to the New York State Police Department where personal references are mandatory for consideration. These references will include family members and close friends who can attest to the applicant's good moral character. New York handgun laws are filled with legislative red tape to delay such procedures; a license will be awarded within 4-6 months of the application's filing date.
According to New York's handgun laws, a license is also necessary to possess a handgun in one's home or place of business. Applications are made to the licensing officer of the city or county where the applicant resides or works. Unlike most licenses, the right to possess is completely up to the discretion of the licensing officer. Aliens who are not of proper citizenship can receive a license to possess if such basic requirements are met: Applicant must be of good moral character, at least 21 years of age, clean criminal record, and no history or evidence of mental illness or addiction to drugs/alcohol.
After the information is gathered, it is sent to the FBI for a full background check. The licensing officer can request further documentation, but the entire process will take 6 months in total. It is considered unlawful for any individual to carry, possess, or transport a handgun without a valid New York driver's license.
sorry, there seems to be something amiss here with a petition to Como to ask his support to allow NY citizens to OC when the citizen can't easily purchase a handgun.
Online petitions are worthless. Need lawsuit.I have started a petition to allow open carry in New York. Here is the link: https://www.change.org/p/andrew-cuo...utm_source=share_petition&utm_medium=copylink