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Thread: Open carry in NY State and NYC?

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    I was directed by a forum member to ask the following questions in this state-specific forum. Maybe one of you have the experience dealing with the bureaucracy as a current or former resident.

    Here's the text.

    I plan to move to Rochester, New York [for college and some outdoors in hiking/camping in national parks] from Utah (former 5-year AZ resident) and obtain a pistol permit if the hassle of waiting for a period of time for the process to complete (3 months to a year) is worth it.

    If I do obtain CCW permit in the county in upstate NY, would it be legal to open carry besides concealed carry?

    As crazy as the next question may be, if one can obtain CCW permit issued by NYPD against the overwhelming odds for the average resident, not to mention paying the inflated registration fees (unless you're rich & famous with connections, like Robert De Niro and Donald Trump went through the hoop the easy way), can it render open carry in NYC legal?

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    Founder's Club Member - Moderator Gray Peterson's Avatar
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    No.

    This is because handgun possession in all forms in New York is specifically illegalized unless you meet an exception. A "full carry" license is a license to have an carry concealed. Have=carry in your home or business, which you can carry openly or concealed, and carry concealed outside of it.

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    If you do somehow get a full concealed carry licence you still have to ceonceal the gun. On the homepage (opencarry.com) NY is not an open carry state. You can OC in your home or business tho. Not on the streets.

    I used to live in NY but i had to get out of there. A gun control mess.

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    do NOT move to NY if at all possible...........

    MONTHS of waiting to see if you're elligible to exercise your rights...

    My family and I moved from NY to NC almost 4 years ago - no regrets what so ever.

    When my NY pistol license came up for 'renewal' - the fee increased from $50 to $250 ---- I'll delete my own expletives...

    Life is better elsewhere - besides,would you really feel comfortable with Hillary and Chuck Schumer representing you in the Senate?



    (next time I'll try not to sugar coat it....)

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    abrink wrote:
    If you do somehow get a full concealed carry licence you still have to ceonceal the gun. On the homepage (opencarry.com) NY is not an open carry state. You can OC in your home or business tho. Not on the streets.

    I used to live in NY but i had to get out of there. A gun control mess.
    You are wrong about carrying pepper spray. There is no prohibition against carrying it as long as you are 18 or older. You can carry openly but need a reason to use it just like anything else. NYC might have an admin section against, but I don't think so.

    The only place in NY that has a renewal on their pistol permits is NYC. The permits otherwise are lifetime and do not expire. Gun sales andtransfers using the permit are a few bucks. The biggest expense in getting one is theNYSDCJS fingerprint fee, which I think is about $70.00 now. I got my permit back in 1989when there was no fee.

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    dh21187 wrote:
    abrink wrote:
    If you do somehow get a full concealed carry licence you still have to ceonceal the gun. On the homepage (opencarry.com) NY is not an open carry state. You can OC in your home or business tho. Not on the streets.

    I used to live in NY but i had to get out of there. A gun control mess.
    You are wrong about carrying pepper spray. There is no prohibition against carrying it as long as you are 18 or older. You can carry openly but need a reason to use it just like anything else. NYC might have an admin section against, but I don't think so.

    The only place in NY that has a renewal on their pistol permits is NYC. The permits otherwise are lifetime and do not expire. Gun sales andtransfers using the permit are a few bucks. The biggest expense in getting one is theNYSDCJS fingerprint fee, which I think is about $70.00 now. I got my permit back in 1989when there was no fee.
    The OC in abrinks comment refers to "Open Carry" not "Oleoresin Capsicum".

    sandcast69

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    dh21187 wrote:
    The only place in NY that has a renewal on their pistol permits is NYC. The permits otherwise are lifetime and do not expire.



    I believe you have misspoken. Suffolk county police and sheriffs issued 5 year permits which need to be renewed. I believe the same goes for Nassau county

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    DT4E31 wrote:
    dh21187 wrote:
    The only place in NY that has a renewal on their pistol permits is NYC. The permits otherwise are lifetime and do not expire.



    I believe you have misspoken. Suffolk county police and sheriffs issued 5 year permits which need to be renewed. I believe the same goes for Nassau county
    The renewal rule only applies down state, not for the real NY

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    this was from back in the day

    I believe that you can open carry a pistol as long as its not loaded the mags must be on the opposite side,and you Dont need a ccw but the question is how can you legally buy a pistol with out a ccw?

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    Quote Originally Posted by 5pida View Post
    I believe that you can open carry a pistol as long as its not loaded the mags must be on the opposite side,and you Dont need a ccw but the question is how can you legally buy a pistol with out a ccw?
    Here is the problem with NY. PL 265 makes it illegal to possess a pistol. Then there are the exceptions...the different licenses are in PL 400. The license to possess in your home or place of business are shall issue if you are not prohibited, and are inexpensive, but they are not instant. Once you have a license to possess you may get that license modified for each pistol you purchase, but you have to get it modified. The license has the MN/SN of each weapon authorized under the license. However, this license is only for possession of the listed weapons in your home or place of business.

    Then you have other licenses that are basically at the discretion of the superior court judge of that county. Different counties have different judges that grant license to carry for different reasons, or some don't issue carry licenses at all...depends on the Judge.

    It is very well established you can OC when you are hunting (requires a carry license and hunting license) There is no specific prohibition to OC in NY law, and there are no prohibitions on "printing" when carrying concealed, but the general consensus is if you OC you run a very high risk of being hassled by the police. I cannot see what they would charge you with, but I am sure they would dream up something. BTW: if they charge you with "menacing" it would fail. http://newyorkcriminaldefenseblawg.com/tag/pl-120-14/

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    Quote Originally Posted by hermannr View Post
    Here is the problem with NY. PL 265 makes it illegal to possess a pistol. Then there are the exceptions...the different licenses are in PL 400. The license to possess in your home or place of business are shall issue if you are not prohibited, and are inexpensive, but they are not instant. Once you have a license to possess you may get that license modified for each pistol you purchase, but you have to get it modified. The license has the MN/SN of each weapon authorized under the license. However, this license is only for possession of the listed weapons in your home or place of business.

    Then you have other licenses that are basically at the discretion of the superior court judge of that county. Different counties have different judges that grant license to carry for different reasons, or some don't issue carry licenses at all...depends on the Judge.

    It is very well established you can OC when you are hunting (requires a carry license and hunting license) There is no specific prohibition to OC in NY law, and there are no prohibitions on "printing" when carrying concealed, but the general consensus is if you OC you run a very high risk of being hassled by the police. I cannot see what they would charge you with, but I am sure they would dream up something. BTW: if they charge you with "menacing" it would fail. http://newyorkcriminaldefenseblawg.com/tag/pl-120-14/
    Hello everyone,Nelson here and I am new to this forum.Regarding NY/NYC let me say that NY/NYC is a joke,so much "Gun Control" yet crime in NY/NYC is worse than ever.I was born and raised in NYC and I left because NYC is totally out of control.I now live in PA and I have never felt safer in my life than I do now."Gun Control" has not worked and will never work for the simple fact that the criminals don't care to abide by/respect the law,when I lived in NYC I was robbed at gunpoint three times,the people that robbed me passed right by me and even had the nerve to greet me right before they grabbed me from behind with their guns to rob me and it is only by God's good grace and mercy that I am alive today to tell you this.How do I know that it was the people that had just passed me and even had the nerve to greet me right before they grabbed me from behind at gunpoint to rob me?Well when the criminals took off after they robbed me I turned to try to get a description to give to the police.I saw drug dealers in NYC and what the drug dealers do is that they hide their drugs under the tires of one car and hide their guns under the next car up from that,I have witnessed that.I myself called the police to report that and what the police told me was that they could do nothing unless they caught the drug dealers with the drugs on them,the police also told me that I would have to swear an affidavit and be a witness if they did decide to arrest those drug dealers,so the police couldn't arrest those drug dealers and take the drugs and the guns from under the cars where the drug dealers had hidden those things and dust the guns for finger prints?What NY/NYC needs is for the laws to change to force the police to do their jobs,not more "Gun Control" because like I said before,the criminals don't abide by/respect the law and that's the real problem.PA is a "shall issue" state and although there is crime here in PA it's nothing anywhere near as bad as it is in other states like NY.Right now they passed more stringent "Gun Control" laws in Chicago and now the crime and murder rate in Chicago is worse than ever.There have been tragedies and that's extremely sad but that doesn't mean that us law abiding citizens should be attacked and harassed like what's been happening,that investigative report Stossell interviewed criminals at a prison and when he asked the those prison inmates what they thought about "Gun Control" the prison inmates all laughed.The prison inmates at that Stossel interview said that they don't care anything about any "Gun Control" because they don't go to gun shops to have to pass background checks and one prison inmate said that if and when he got out he was going to have a gun regardless of any "Gun Control" laws.When Stossel asked the prison inmates which they fear more,the police or armed citizens all the prison inmates answered that they fear armed citizens more.The truth of the matter is that the police is not if ever going to be able to respond to our emergency calls and what's worse is that as the "Warren vs District of Columbia" and other such cases clearly demonstrate that the police have no duty to protect us as individuals.Just as it is unjust and even illegal to profile people just because of their ethnic background it should aLso be illegal for all of us law abiding gun owners to be attacked and blamed because of a few incidents where people that are/were mentally unstable or just plain evil kill groups of people.Those poor souls that lost their lives at that Sikh temple is a great tragedy indeed,but instead of attacking us law abiding citizens and trying to take away our gun rights why doesn't the government ban racism and hatred?Because that's what really killed those people in that Sikh temple,racism and hatred.This year alone there were two cases,one where a 14 yr old boy protected himself and his three siblings with his father's gun from an armed intruder that broke down their door and also the case of an 11 yr old girl that used her mother's rifle to defend herself when three intruders broke in her front door with the intention of doing her harm.If the parents of those kids had not been able to have guns in their houses because of "Gun Control" those kids might have been raped and murdered God forbid and that would have been acceptable?There are many instances where guns have saved lives,we can not and must not allow these paranoid schizophrenic gun-grabbers brain-wash us with their "half truths",outright lies and their "scare tactics" disarm us under the guise and their hidden agendas claiming that what they do is for the safety of us all.

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    Quote Originally Posted by sandcast69 View Post
    dh21187 wrote: The OC in abrinks comment refers to "Open Carry" not "Oleoresin Capsicum".

    sandcast69
    for sure! Lol

    Quote Originally Posted by DT4E31 View Post
    dh21187 wrote:




    I believe you have misspoken. Suffolk county police and sheriffs issued 5 year permits which need to be renewed. I believe the same goes for Nassau county
    absofrigginlutely

    Quote Originally Posted by 5pida View Post
    I believe that you can open carry a pistol as long as its not loaded the mags must be on the opposite side,and you Dont need a ccw but the question is how can you legally buy a pistol with out a ccw?
    Not, no way, no how
    Last edited by NYMike; 09-03-2012 at 12:35 PM.

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    Quote Originally Posted by NelsonE View Post
    Hello everyone,Nelson here and I am new to this forum.Regarding NY/NYC let me say that NY/NYC is a joke,so much "Gun Control" yet crime in NY/NYC is worse than ever.I was born and raised in NYC and I left because NYC is totally out of control.I now live in PA and I have never felt safer in my life than I do now."Gun Control" has not worked and will never work for the simple fact that the criminals don't care to abide by/respect the law,when I lived in NYC I was robbed at gunpoint three times,the people that robbed me passed right by me and even had the nerve to greet me right before they grabbed me from behind with their guns to rob me and it is only by God's good grace and mercy that I am alive today to tell you this.How do I know that it was the people that had just passed me and even had the nerve to greet me right before they grabbed me from behind at gunpoint to rob me?Well when the criminals took off after they robbed me I turned to try to get a description to give to the police.I saw drug dealers in NYC and what the drug dealers do is that they hide their drugs under the tires of one car and hide their guns under the next car up from that,I have witnessed that.I myself called the police to report that and what the police told me was that they could do nothing unless they caught the drug dealers with the drugs on them,the police also told me that I would have to swear an affidavit and be a witness if they did decide to arrest those drug dealers,so the police couldn't arrest those drug dealers and take the drugs and the guns from under the cars where the drug dealers had hidden those things and dust the guns for finger prints?What NY/NYC needs is for the laws to change to force the police to do their jobs,not more "Gun Control" because like I said before,the criminals don't abide by/respect the law and that's the real problem.PA is a "shall issue" state and although there is crime here in PA it's nothing anywhere near as bad as it is in other states like NY.Right now they passed more stringent "Gun Control" laws in Chicago and now the crime and murder rate in Chicago is worse than ever.There have been tragedies and that's extremely sad but that doesn't mean that us law abiding citizens should be attacked and harassed like what's been happening,that investigative report Stossell interviewed criminals at a prison and when he asked the those prison inmates what they thought about "Gun Control" the prison inmates all laughed.The prison inmates at that Stossel interview said that they don't care anything about any "Gun Control" because they don't go to gun shops to have to pass background checks and one prison inmate said that if and when he got out he was going to have a gun regardless of any "Gun Control" laws.When Stossel asked the prison inmates which they fear more,the police or armed citizens all the prison inmates answered that they fear armed citizens more.The truth of the matter is that the police is not if ever going to be able to respond to our emergency calls and what's worse is that as the "Warren vs District of Columbia" and other such cases clearly demonstrate that the police have no duty to protect us as individuals.Just as it is unjust and even illegal to profile people just because of their ethnic background it should aLso be illegal for all of us law abiding gun owners to be attacked and blamed because of a few incidents where people that are/were mentally unstable or just plain evil kill groups of people.Those poor souls that lost their lives at that Sikh temple is a great tragedy indeed,but instead of attacking us law abiding citizens and trying to take away our gun rights why doesn't the government ban racism and hatred?Because that's what really killed those people in that Sikh temple,racism and hatred.This year alone there were two cases,one where a 14 yr old boy protected himself and his three siblings with his father's gun from an armed intruder that broke down their door and also the case of an 11 yr old girl that used her mother's rifle to defend herself when three intruders broke in her front door with the intention of doing her harm.If the parents of those kids had not been able to have guns in their houses because of "Gun Control" those kids might have been raped and murdered God forbid and that would have been acceptable?There are many instances where guns have saved lives,we can not and must not allow these paranoid schizophrenic gun-grabbers brain-wash us with their "half truths",outright lies and their "scare tactics" disarm us under the guise and their hidden agendas claiming that what they do is for the safety of us all.
    Would have loved to have read your post.. but got lost into the second or third sentence.

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    I hate to correct you but as a full carry holder in westchester NY i know for a fact, that you do have to renew your permit every 5 years.
    It sucks but needed. Not sure of the cost, but im sure it is NOT $250.
    <Maybe that much in the city.


    Quote Originally Posted by dh21187 View Post
    abrink wrote:

    You are wrong about carrying pepper spray. There is no prohibition against carrying it as long as you are 18 or older. You can carry openly but need a reason to use it just like anything else. NYC might have an admin section against, but I don't think so.

    The only place in NY that has a renewal on their pistol permits is NYC. The permits otherwise are lifetime and do not expire. Gun sales andtransfers using the permit are a few bucks. The biggest expense in getting one is theNYSDCJS fingerprint fee, which I think is about $70.00 now. I got my permit back in 1989when there was no fee.

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    Quote Originally Posted by Gray Peterson View Post
    No.

    Have=carry in your home or business, which you can carry openly or concealed, and carry concealed outside of it.
    Wait a second, where is there any distinction drawn between your home and business and anywhere else...not in the full carry subsection... And for that matter since when does "to have and carry concealed" mean "to carry concealed and carry concealed?" your definition of "have" is arbitrary. OC is legal so far as any gun statutes are concerned, but may be prosecuted as a dis con or some general public alarm offense. By statute it's not illegal.
    "Sed quis custodiet ipsos custodes?"

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    Quote Originally Posted by emsjeep View Post
    Wait a second, where is there any distinction drawn between your home and business and anywhere else...not in the full carry subsection... And for that matter since when does "to have and carry concealed" mean "to carry concealed and carry concealed?" your definition of "have" is arbitrary. OC is legal so far as any gun statutes are concerned, but may be prosecuted as a dis con or some general public alarm offense. By statute it's not illegal.
    You are correct, by law it is not illegal. BTW: My (old, granted) NY license says nothing about "Conceal" It says: simply "to have and to carry" It is PL 400.00(2)(f) "(f) have and carry concealed, without regard to employment or place of possession, by any person when proper cause exists for the issuance thereof;"

    IMHO: The "Conceal" was an added word for clarificaion. Open Carry was assumed at the time as the general attitude at the time was... "only those up to no good concealed their weapons." (see: "in re Brickley" 1902)
    Last edited by hermannr; 09-17-2012 at 12:16 AM.

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    the only reason it takes months is because of processing time. I called my county office the other day they currently have over 4,000 apps in processing at the moment. Which is significantly higher than the average of around 1,500. Thanks to new gun control crap lately they may never catch up.

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    Quote Originally Posted by BobDobbs View Post
    the only reason it takes months is because of processing time. I called my county office the other day they currently have over 4,000 apps in processing at the moment. Which is significantly higher than the average of around 1,500. Thanks to new gun control crap lately they may never catch up.
    And you don't think that is what they are really trying to do? WA can process 4000+ apps a month and have the licensed issued in days...What is wrong with NY? They do not want to issue, so they delay.

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    Quote Originally Posted by hermannr View Post
    And you don't think that is what they are really trying to do? WA can process 4000+ apps a month and have the licensed issued in days...What is wrong with NY? They do not want to issue, so they delay.
    correct. and by having such a long wait time, it also causes people to be less determined to get their permits because they simply don't want to wait that long. it's intentional. just like the fact that to even get your permit in NY at all, you need to prove to them that you actually NEED a pistol permit for some legitimate reason, which they determine whether is valid or not.

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