Tuesday, September 11, 2012

Open Verus Concealed Carry Of Handguns In New York State

I am throwing this tidbit of information out there for anyone who may wonder if open carry is legal in New York State. It is not legal at the current time for NYS handgun licensees. The reason this came up was because last Thursday, on The Squirrel Report, a caller, from upstate NY, said it was legal to do so in the state and that the law in NY State did not address the issue. I checked further, with the handgun licensing division of the NYS Police and found out that the law does indeed address the issue and specifically states that a license to carry specifically allows the licensee to carry concealed firearms. Open carry in NY State is illegal for handgun licensees unless maybe it is legal to open carry for a job like an armed security guard. (I am not saying it is or is not legal, just maybe legal in the case of armed guards.)

Here is the meat of reply, from the NYS Police, to my inquiry:

"...NYS Penal Law section 400.00 (2) Types of Licenses speaks to the issue.  In this section it states clearly, in all instances in which a firearm is to be carried (rather than maintained on a premise) that the license is to afford the licensee the ability to "have and carry concealed" a firearm on their person.  There are no provisions for the issuance of a license that affords the holder the ability to open-carry. 

     I hope this proves useful."

I do not know who called in to The Squirrel Report to say it is legal to open carry in some counties in NYS, so I am hopeful he may see this here and thus keep himself out of trouble.

All the best,
Glenn B