Open Carry on Private Land

[Danh4]

Hello everyone,

I've got a concealed carry permit and understand the laws when it comes to carrying in public but they seem to be vague on the point of open carry on private land.  The reason I'm asking is because I just picked up a Single Six and would like to carry it in a western style holster while on private land- just walks through the woods out to where we shoot, etc.  Anybody know if that's legal or not?  Or should I just not worry about it?

Thanks!

Dan

[FrankRochester]

You're on private property.... What you do, is your buisness. You're fine.

[darkvibe]

That's my take on it too.  If it's your land you can carry however you want.

[RochPersDef]

OK. I'll weigh in...


Yes, you can carry open on your private (emphasis on private) property. Out in the woods that you own, sure - just be careful if you see anyone else. Discretion is better than showing off. You also should be in the process of hunting or trapping, not just out for a stroll. NYS Law does specify that the carry must be concealed, so be prudent.

I would not advise carrying in your backyard if the neighbors or anyone else can see you there. (remember I said 'private'?) If you can be viewed from a public place, it is not private. That goes for standing in your living room in front of the picture window. (lol)

[Danh4]

Thanks for the replies everyone, I appreciate your thoughts and wisdom.

Dan

[FrankRochester]

If its on your own property then it is private. Neighbors can call 911 all day long. I knew a guy who mowed his lawn with a .357 on his hip in plain sight. Nobody can do anything about it. You're on your own property. That's like saying that if you're in your driveway with some buddies cleaning your guns and looking them over that you are gonna get arrested if someone sees you.

[RochPersDef]

In the conversations with numerous LEO's, they have all agreed that being out in your front yard with your pistola showing could be called Disorderly Conduct or something similar. I understand that your property is your property, and you have the right to do whatever you want, whenever you want, however you want, while on your property. The question is: do you have to, or should you be a bit more discreet?

An instructor of mine a long time ago said: "If you are in a place where you wouldn't have your penis out, you probably shouldn't have your gun out"

If you need to be in your front yard with a gun, then I would think about moving. How about a video of a volunteer wandering around the front yard in public view with your gun exposed and seeing how it turns out? Anybody want to try it out?


Just my 2 cents on the matter.

[ddan24]

I agree. Being in your yard is still considered being in the public domain (at least in the viewpoint of the law). Granted it is your property, but if someone sees you with a pistol on your hip, the police will be called and you have a high chance of going to jail... or at least getting a nice court date a month or two from then. I'd rather not have to explain myself to a judge seeing as many of them are arrogant because they have to deal with the scum of our society every day.

[RochPersDef]

Actually, you may or may not be arrested, but a report will definitely be filed on you, the 'man with a gun' call and a law clerk or judge will definitely see it on their desk shortly. The judge may feel that you are a risk and suspend or revoke your permit. Like it or not, the court owns your butt when you get the permit. If you F*** up, they don't like it.

I don't see where doing it because you can and don't care can be a good thing, especially when you don't need to show off and that's what it will be taken as.

Discretion and secrecy about carrying and possession are always better. No one should ever know when or where or even what you carry.

[FrankRochester]

The guy is going out in the woods. If he sees someone he doesn't know, then they are trespassing. They are in the wrong not him. I've stood outside my front door on the front step with a Mauser rifle showing my neighbor and nobody ever called the cops on me. They couldn't do anything about it anyways.

[FrankRochester]

Obviously people need to use some sense. I'm not advocating mowing the lawn with your pistol on your hip. But in private woods that's a different story. Just wanted to clarify my point. Dave, I like the statement about your wanker being shown in public. I could go along with that....

[ddan24]

Ive stood outside my front door on the front step with a Mauser rifle showing my neighbor and nobody ever called the cops on me. They couldn't do anything about it anyways.

I agree, it's a rifle... but what is in question here is a pistol. In the end it greatly depends on your neighbors.

[RochPersDef]

It also depends on WHERE you live too!

In the city, I guarantee you will have some questions to answer, but maybe in Wayland.....They'd probably start chatting about what load to use or what ammo is better....

[Bree]

I 100% agree with Dave on this.  When NY says that you have a permit to carry your pistol concealed... take the word "concealed" very seriously.  While one can use a technicality to escape prosecution (private property), the court can just as easily use their own technicality (sua sponte revocation) to yank your permit.  There isn't a thing you can do about it other than yell and scream... but to no avail.

NY is not gun friendly and it is very unlikely that it will get friendlier any time soon.  So keep a low profile and maybe we can escape the worst of the oncoming wave of anti-gun legislation.
 

[RochPersDef]

Here's a comment I learned a long time ago:

If you are somewhere that your genitalia should not be exposed, then your gun should not be exposed either.


Of course I had to clean it up for the forum.......something about a Richard sticking out......


Dave

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