am i allowed to open carry on my own land? what if cars driving by or my neighbors see my glock?
am i allowed to open carry on my own land? what if cars driving by or my neighbors see my glock?
"Laws that forbid the carrying of arms...disarm only those who are neither inclined nor determined to commit crimes...Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man." -Thomas Jefferson, quoting Cesare Beccaria
no its good. country living for me. just curious what the law says about my property. if i go outside to shoot do i need to hide it? can i walk from barn to barn with it on my hip (outside the pants)?
Time to move Homie!!
I can't mean I won't. Never give up!!
Be prepared for the police pointing guns at you after they get a man with a gun call at the 911 center.
NYSRPA Member - SCOPE Member - NRA Life Member - NRA Range Safety Officer
It seems dumb to me that you would have to hide any guns while on your own property. I only have an IWB so mine is always concealed but if I got an OWB to wear while hunting I'd walk to my truck with it on. But I do live in Wayne County and my neighbors are used to me and my guns.
Plus if you got the police called on you for having a gun on the judge could suspend or revoke your pistol permit. He will probably say "displays poor judgement" or something of the sort.
NYSRPA Member - SCOPE Member - NRA Life Member - NRA Range Safety Officer
There is not anything in the punative sections of the NY Penal Law that says how you must carry your gun.
under article 120.14 menacing 2nd,
He or she intentionally places or attempts to place another person
in reasonable fear of physical injury, serious physical injury or death
by displaying a deadly weapon, dangerous instrument or what appears to
be a pistol, revolver, rifle, shotgun, machine gun or other firearm
Under article 265, possession of a weapon section it just plain does not say.
In section 400.00, which is an administrative section calls the permit a "license to have and carry concealed." Some interpret this to mean you can only carry concealed. But again it is an administrative section not punative. This means, they may call the police, they may show up with guns drawn, you may find yourself eating dirt. But at the end of the day, they can not charge you with a crime. The judge how ever, can revoke your permit if he/she wants to.
I think some of us need to be judges then. As a judge I'd have to respond with, "He had a gun? On his own property? And you're bothering me with this because?"
CCW is discretionary throughout NYS (and non-existent in NYC except for the wealthy and well-connected). Some counties are a lot better than others, but the unfortunate rule of thumb in MOST counties is that if you F up in any way that comes back to you carrying a handgun, it's a one strike you're out policy. Doesn't matter if you violate a law, what matters is that you attracted attention to yourself in some negative manner, and an anti-2A judge has an excuse to shred your carry permit.
It's not difficult to throw a shirt over your firearm, and carrying concealed has its advantages anyway. The exception to OC is hunting. But even while I'm hunting I keep whatever pistol I have on me concealed.
NRA Member
NYS/FL CCW
--------------------------------------
Life, Liberty, and Pursuit of those who threaten to destroy it.
so should i wrap it in a bag while i target shoot in my back yard?
Yeah! ... come on, join us at highland park this weekend....
Giving money and power to Government is like giving whiskey and car keys to teenage boys. -- P.J. O'Rourke
You're not carrying at that point, you're engaged in target shooting. I'm also assuming you live in a rural spot with a decent amount of property if you're shooting in your own backyard, so somehow I doubt anyone would raise a stink if you were carrying in the open. I don't know anyone who wraps a handgun in a bag at an outdoor range.
Common sense obviously applies when carrying. If you live in a crowded neighborhood and your piece is exposed for everyone to see, don't be surprised if sirens and lights are racing into your driveway when a neighbor or passer-by calls 911 on you.
NRA Member
NYS/FL CCW
--------------------------------------
Life, Liberty, and Pursuit of those who threaten to destroy it.
I never carry concealed when shooting on my property DEC stopped once for a bit looked at us from their car and kept driving, I am not personally concerned with it but can not comment on the law's concern except that it should be easy for any law enforcement to see there is no problem if they talk to you and you are respectful.
I have property in the Adirondacks, the only way to get to the property is by boat or snowmobile. it is extremely remote. I open carry up there all the time. But up there EVERYONE open carries. Whether it's hunting season or not. If we go for a walk out back, I take my 44 and a shotgun.
We have several predators species in the area, including Bobcat, lots of Coyotes and the occasional Cougar (four legged kind and I have seen the cougar) and we have seen signs of bear, but I have never actually seen one.
My property is surrounded by 1200+ acres of swamp, so the chance of us getting "caught" is extremely remote and I doubt a conservation officer would say anything. They spend 95% of there time checking fishing licenses.
as far as OC in the city, Not going to happen. I just throw a long tail t-shirt over my OWB carry. if the gun prints, well, to bad, it's covered.
Making Good people helpless
won't make bad people harmless
Call your local DA's office or police, they don't bite.
I carry all the time, at home included. I would love to be able to open carry while doing yardwork and the like, its more comfortable and more secure. But I don't, because as has been mentioned, even if you are well within your rights (which you would be, you can do whatever you want on your own property), if one of my neighbors calls the cops, that's all they need to take away my "may issue" permit. So I carry my subcompact IWB and no one is the wiser.
I open carry at home when my daughters bring home a new boyfriend !!
me to mike,it works
Yet another reiteration of the same thing most everyone has said:
Any rules concerning method of carry strictly apply to public areas only. OC on private property is perfectly legal, but in a may-issue state where judges have near-absolute power, anything that may draw attention to you could have the impact of losing your permit.
I live 2 miles outside of the city of Binghamton - definitely country, but not far from city limits at all, and I OC all the time when on my property or on other private property where I know there is no problem with it (hunting camp and some gun stores, for example). This includes next to the road as people drive by.
Anything stated in the above post is my personal opinion and should not be construed as legal advice.
thanks everyone for the thoughts. so i guess its legal but if something does happen i dont wanna lose my permit. i guess ill just have to keep it in my pants for now lol haha
Ladies and laddies, please tell me the NY state law that says you even need a concealed carry permit to carry on your own property? I don't think one exists. You need a permit to purchase and possess, but not one to carry as long as you are on your own property or in your own place of business... Oh yes, BTW: that is a Carry permit you have (if you have one)...look at yours and read...it does not say you must conceal. It also is for in public, not on your own private land.
Show me where I am wrong. I can't even imagine of living in the FEAR you guys have...for doing something that is completely legal.
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