[Ralph]

Opencarry.org lists that NY has no restriction on a pistol being concealed while in a vehicle so long as there is a valid carry permit.

I've seen many people convinced that it has to be concealed in the car, but my local LEO are under the impression that it can be open in the car, just not when carried out of the car. Something about the car being an extension of the home.

 

[timmyp]

http://www.nyfirearms.com/forums/handguns/31033-transporting-handgun.html

 

[Ralph]

I don't have to have my gun in a safe or a lock box. I have an unrestricted carry permit.

So back to the question, which that didn't answer at all, even a little, does it have to be concealed or can it be tucked in by the seat?

 

[Jeff]

Your pistol permit is to have and carry concealed.

 

[Ralph]

OK.

Where's the part in the law that specifies that? If three separate LEO's that I personally know are of the belief that it doesn't have to be concealed in your car, where are they getting that from?

 

[cgrutt]

Said "valid carry permit" is generally issue to "have and carry concealed, without regard to employment or
place of possession, by any person when proper cause exists for the
issuance thereof" under Ny PL 400. I'm not aware of any regs that address open carry while in your vehicle but it could be a local interpretation.

 

[cgrutt]

NY PL 400 2 (f)

Sorry Jeff, I didn't see your post.

 

[RayKnobs]

You could argue that having a pistol in your car is NOT carrying, it's transporting.

If you have a no carry restriction how do you get it to the range?

If you no restriction you can't lock it up in the trunk since it's not being carried concealed?

I have been pulled over with a pistol in the pocket of my truck door. The officer just asked to see the permit.

 

[Ralph]

That's what I keep getting back to. I don't think it specifies. Lovely grey area.

Said "valid carry permit" is generally issue to "have and carry concealed, without regard to employment or
place of possession, by any person when proper cause exists for the
issuance thereof" under Ny PL 400. I'm not aware of any regs that address open carry while in your vehicle but it could be a local interpretation.

 

[RayKnobs]

How can you open carry in a vehicle, it's like i giant metal holster?

 

[Ralph]

That's what I mean. It's in the vehicle, ergo, closed. Also your private property.

I don't believe that NY law has any distinct provision saying that a concealed carry holder can't just toss it on the seat next to him. You don't have to conceal it in your house or yard, which are private property.

How can you open carry in a vehicle, it's like i giant metal holster?

 

[cgrutt]

Believe there is a section in PL 400 that addresses "transporting" and believe it requires the hangun to be unloaded and secured. Don't have time to look it up now.

 

[Ralph]

Well I know for a fact that I don't have to do that, I've seen the specific line that says so:

A loaded handgun may be carried in a vehicle by a properly licensed individual. (Loaded means a firearm with ammunition loaded in magazine or chamber or any firearm which is possessed by one who at the same time possesses a quantity of ammunition which may be used to discharge such a firearm.) Possession of any loaded rifle or shotgun in a vehicle is illegal.

 

[cgrutt]

That's what I keep getting back to. I don't think it specifies. Lovely grey area.

Ask your judge. Personally I would err on the side of caution as law reads "carry concealed" "without regard to place of possession". I guess it would be up to you to prove your car is an exception if you ever get cited by a LEO who doesn't share your friend's interpretation. Just my opinion.

 

[cgrutt]

Well I know for a fact that I don't have to do that, I've seen the specific line that says so:

A loaded handgun may be carried in a vehicle by a properly licensed individual. (Loaded means a firearm with ammunition loaded in magazine or chamber or any firearm which is possessed by one who at the same time possesses a quantity of ammunition which may be used to discharge such a firearm.) Possession of any loaded rifle or shotgun in a vehicle is illegal.

I agree with it can be carried in a car loaded. My comment about transporting was to Ray's post "you could argue your transporting" but if that's the case, I believe law requires locked and unloaded (e.g., transporting to range on restricted permit, etc).

 

[usmcveteran]

It is not covered in article 400.00. Have you asked the LEO's who told you that you can have it in plain site in a vehicle where it says so in the law?

Personally regardless of the law if I have it on my seat in my car I am still going to cover it with something. Personally I dont want to be driving down the road and have a truck driver look in my window and see it then call the police on me. I assume they would probably conduct a felony style stop on me and that doesnt sound like something I feel like dealing with.

As others have stated your permit says have and carry concealed. since 265 in penal code outlaws all form of possession and carry with article 400 being the exception then it really doesnt come down too that it doesnt say you cant but more of a where does it say you can type of thing. That is just my opinion without going into a lot of research.

 

[usmcveteran]

I agree with it can be carried in a car loaded. My comment about transporting was to Ray's post "you could argue your transporting" but if that's the case, I believe law requires locked and unloaded (e.g., transporting to range on restricted permit, etc).

The law about a firearm being locked and unloaded is the federal law allowing people to take a firearm from one place they can legally possess it to another place they can legally have it while going through a place (state) where they can't have it. Transporting a pistol to the range on a restricted permit would not require the transportation of the pistol in this manner either because the restrictions are of an administrative nature.

 

[Jeff]

If the gun is in your possession, i.e. not in an inaccessible locaiton like the trunk, then you're carrying it. If you're carrying it then it has to be concealed. Having it next to you in the car is no different than any other off-body carry methods like a purse.

(f) have and carry concealed, without regard to employment or
place of possession, by any person when proper cause exists for the
issuance thereof;

 

[Ralph]

Huh. One would assume that transporting with a permit vs. transporting without would be different. I get your point now, though. Thanks for clarifying.

I agree with it can be carried in a car loaded. My comment about transporting was to Ray's post "you could argue your transporting" but if that's the case, I believe law requires locked and unloaded (e.g., transporting to range on restricted permit, etc).

 

[Ralph]

What is the stance on a purse? I just wonder because wifey carries in her purse. Seems that's where most ladies would.

If the gun is in your possession, i.e. not in an inaccessible locaiton like the trunk, then you're carrying it. If you're carrying it then it has to be concealed. Having it next to you in the car is no different than any other off-body carry methods like a purse.

(f) have and carry concealed, without regard to employment or
place of possession, by any person when proper cause exists for the
issuance thereof;