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Post by silentnight on Nov 19, 2014 21:37:05 GMT -5
ok so i know you have a ccw permit, your supposed to obviously carry it concealed, but what if i want to hunt with my ccw??? do i still have to carry concealed?
if i use a pistol while checking traps, does it have to stay concealed, or is there an exception for this sort of thing??
any info is appreciated, i know ive probably answered my own question, but i dont know for sure. thanks
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Post by mrlongbeard1 on Nov 20, 2014 0:27:50 GMT -5
As far as I know you never have to carry your weapon concealed. That only mean you are permitted to conceal it if you choose. had a friend one with a permit that didn't allow him to conceal..
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Post by 2labs on Nov 20, 2014 6:51:31 GMT -5
I carry mine on my hip 22,or sling my Encore pistol on my shoulder. Don't think you half to carry concealed, permit allows it to be!!
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Post by REDNECK on Nov 20, 2014 7:05:37 GMT -5
Its like bow hunting in gun its your choice you have the right to Cary any way you like if you have a Cary permit
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Post by kirkwooder on Nov 20, 2014 8:05:13 GMT -5
I was told once by a county sheriff's deputy that, indeed, your permit is to carry your weapon concealed. I was at a gas station pumping gas during deer season several years ago and had my .44 mag hanging on my side. I guess that it made a woman in the store a little nervous and she brought it to the officer's attention when he walked in. He came over and told me I should not be wearing my gun where everyone could see it. Then went on his way without even checking my permit. I don't know if he did it just to make her happy or if it is truly the way the law reads, but it doesn't stop me. If you see me this time of year I likely have some sort of hand gun hanging from my belt out in the wide open. I forget it is there most of the time. I've also been checked for my hunting license on 2 different times with a revolver on my hip and the DEC officer the first time asked if I had a permit, but didn't ask to see it, and the second time the officer did ask for my permit, and I had forgot my wallet at home 20 miles away. Well, after some lengthy radio work he let me go, but impressed upon me enough that I have never again left it at home. LOL Maybe someone that knows better than me, will chime in and set the record straight.
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tmc
#2 Newhouse
Posts: 2,447
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Post by tmc on Nov 20, 2014 9:18:43 GMT -5
Please check with your issuing officer for your prospective County. I know I will catch heat on this, but I could tell you a personal story that would literally take DAYS to completely cover. No exaggeration whatsoever. It is 100% up to the Pistol Licensing Judge and issuing officer of your County. Not even the State Police or the County Sheriff's Department, both of which were completely on my side, could help. And it was so minor and so simple, AND, I WAS following the orders of the issuing officer I had just contacted 2 weeks before the incident occurred!!! In the end, I did get all of my firearms back after having my pistol permit suspended for 13 months. Both the Judge and the issuing officer agreed I hadn't "technically" done anything wrong, but they wanted to make sure I learned my "lesson!!!" I asked, not in the least bit sarcastically, "If I did nothing wrong, then what lesson is there to be learned from this?" THAT, my friend, is what extended my 6-month suspension to literally whatever the Judge thought was appropriate. It appeared, he said, that I indeed had NOT learned my lesson!! It wasn't until one month before the end of it that I received notice about when it would be reinstated. AND THEN, I had to go through the entire application process all over again! So, do yourself a favor and do like I try to always advise: ASK THE PROPER AUTHORITIES. And even then, there's no guarantee, look what happened to ME. But, asking US is in NO WAY going to give you any assurance that WE'RE right. In fact, for each of the Counties adjacent to the one I live in, no two have the same set of regulations. So PLEASE -- save yourself the grief and make it a point to ask them, and I'd suggest going one step further and ask is s/he put it in writing for you. Parole evidence (word-of-mouth) is not acceptable in your defense if it comes to a hearing on the matter. Trust me. Kirkwooder, you bring up a perfect point. If you're "caught" in a County within which you do not reside (and therefore which did not issue you your permit), it's a crapshoot. BUT, in this County, depending what minute of the hour you ask him in, the issuing officer will tell you that 1. "Your permit is for CONCEALED carry, ONLY, and that it is only for target, hunting, hiking and camping, and that you are NOT permitted (pun intended) to carry it open, EVER, and you are not entitled to carry it at ANY TIME except for the express purposes stamped on your permit;" or 2. "Yeah, whatever, you have a permit, you can carry it in any legal manner - what, didn't you read the rules?" Except that of the more than 18 times I've called or personally appeared to ASK for those "rules," including the preparation of my defense, I was promised a copy but NEVER received ANYTHING. Anyways, yeah, you get the picture - as long-winded as you all know me to be, I swear that the "whole truth" is so convoluted and mind-boggling, your head would spin off into deep space before I was half done. It made my life a living hell, and that on top of what I went through with the - literally - innocent event that precipitated the whole mess. And yes, this is one story where I AM an innocent bystander, hence why the Troopers and Sheriff deputies were outraged by it all. That's my advice to you. Do as you will. But IF anything should happen to you, which will be a stronger defense for you: "My buddies at nytrappers told me," or "I have a written document from Judge Punky Applewight (name changed to protect the - whatever) right here, officer..." Tim out.
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tmc
#2 Newhouse
Posts: 2,447
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Post by tmc on Nov 20, 2014 9:27:16 GMT -5
P.S. - Another thing, I've had my permit since 1986. And never an "incident." NOT ONE, of any kind, for ANYTHING other than two speeding tickets which were both reduced, in that entire time... And it still didn't help. This "incident" occurred in 2011. That's 25 YEARS of no problems. Hah, even the "incident" wasn't an incident... Doing right isn't always a guarantee that you won't suffer any wrongdoing yourself, but it helps, even if it's just salve on the wound. So, do the right thing and get your questions answered by the right party(ies).
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Post by rendezvous on Nov 20, 2014 12:27:47 GMT -5
I have had my permit since 1981. I have always carried a Handgun on my hip or in a shoulder holster while in the woods. Anywhere else always concealed, never found a reason to advertise I was carrying or to attract any unwanted attention, common sense!
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tmc
#2 Newhouse
Posts: 2,447
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Post by tmc on Nov 20, 2014 13:24:17 GMT -5
Ditto here, but as said it's a very long story... it was - or should have been - a complete non-issue, the Troopers said everything 100% fine, then they and Sheriff deputies (after the fact) suggested that maybe this guy is on drugs!!! They could NOT believe it. ....but that's the deal in this County and will be until this guy is GONE.
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Post by silentnight on Nov 20, 2014 15:11:39 GMT -5
i agree tmc with asking the right authorities, i was always under the impression it had to be concealed no matter what. I have absolutly no desire to carry open while say in town or a store or whatever. i was just talking to my dad about it awhile ago, cus i like to carry my 22 revolver while coon hunting at night and checking traps, and i just wondered if it were a big deal if it wasnt totally concealed. In most cases i make sure everything is covered just to avoid a situation, but sometimes its a real pain when im checking traps or running hounds.
i had a guy working in a gun shop when i first got my permit that a friend of his was in walmart and reached up on a shelf for something and part of his holster stuck out and he got in some big trouble for it.
so ive always been real careful. like i said i have no desire to let anyone know if carrying or not, but just didnt make sense either that if its legal to hunt with a pistol, why do i need to conceal it, makes it kind of hard to get to when the moment arizes. I thank you all for your input, was just a question i was curious about. thanks again
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Post by homebuilt on Nov 20, 2014 19:58:40 GMT -5
NY state does not allow open carry. your ccw permit is just that, concealed. hunting and trapping is one of those gray area's they always talk about. do your best to conceal it while hunting/trapping. as far as I'm concerned a jacket hanging over your side arm is concealed
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Post by silentnight on Nov 20, 2014 20:51:30 GMT -5
I did a little reading on this subject and from what i understand, it is NOT lawful to open carry in new york, only under restricted circumstances, such as hunting or trapping, and the way i understood that may very well be to the descresion of the issuing county.
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Post by greggwny on Nov 21, 2014 8:59:35 GMT -5
The pistol permit clerk told me that my hand gun must be concealed except for the following 3 exceptions:
1: While hunting with my handgun as my weapon. 2: While target shooting/practicing. 3: While defending myself.
Otherwise the hand gun must be concealed at all other times or I can be charged with something called: brandishing.
I consider checking my traps to be hunting. Draw your own conclusion.
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Post by herm on Nov 21, 2014 20:30:28 GMT -5
The first gun law that was passed in NYS was the Sullivan Law in 1911. This law outlawed conceled carry in our state. The reason believe it or not was to protect the NYC gangsters that were strong arming shop owners. The gangsters did not like being suprized by shop owners that had a gun consealed. Now in my county the shariff told our local SCOPE chapter that anyone that could be seen carring a hand gun was in that act of commiting a felony. A friend of mine who is a lawer asked the Wayne County district atturnys office about open carry and was told they know there is no law against open carry and know one will ever be prosicuited for it in Wayne County. Then you have the Village of Palmyra in Wayne County where you are not allowed to carry any type of firearm if it is loaded period. Legal or not, if you create problems by open carry of a hand gun, all it takes is the issuing judge to decide to pull your permit and there is not much you can do about it.
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Post by silentnight on Nov 21, 2014 21:35:44 GMT -5
thanks for that information herm, much appreciated!
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Post by snowrd on Nov 25, 2014 14:03:22 GMT -5
Like stated above.... There is NO OPEN carry in NYS. It has to be concealed!!
With that said when was the last time you saw law enforecment leave there car? It is pretty easy to spot a police car sitting there as you come back to yours just put your jacket over your gun as you approach and it is concealed. That is my take on it
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