Open carry while hunting
- Thread starter JimPage
- Start date
I don't think there is such a source. It's a practical matter. If you can hunt with a handgun then you can carry openly for the purpose of hunting. But that limits you to open carry while actively hunting with your firearm. Doesn't apply to hiking to and from the tree stand or blind. Doesn't work if you are hunting with a SG or rifle and carrying a handgun for protection.
BIGJOHN621
New member
I've open carried since I was 22 while hunting in NY. Rifle over the shoulder, Redhawk under left arm in a shoulder rig, fully exposed. Also have been stopped by DEP Police a couple of times while having this setup. Unload rifle, show pistol permit and hunting license, then BS and listen to them tell me about what others have taken for game and trophy and in what area. Never an issue. Never even a comment about the exposed handgun. Of course, it only goes on when I get out of the truck and gets put away before I drive away so no OC off hunting grounds at all.
I have never seen a statute or rule authorizing this, though.
I have never seen a statute or rule authorizing this, though.
I have seen it in writing, I just can't remember where. I once thought it just wasn't enforced while hunting so I was surprised when I saw it in writing. After thinking about it I realized that there would be at least one case of someone charged if it was only "not enorced."
I'm still searching.
I'm still searching.
Why would New York State statutes be there???????????????????????????
Warbirds
New member
The Utah hunting proclamation is where Utah publishes the information so Utah Hunters know the laws of hunting in Utah.
Now take everywhere I used the word Utah and read "New York" instead. That is what I am saying. Maybe New York does the same.
Sent from my PG86100 using Tapatalk 2
I've talked with state troopers and ECOs. They say it just isn't enforced at gun clubs and hunting and fishing. But I swear I saw it someplace. Just a very short sentence. Damn, I'll find it someday.
Perhaps you saw it in a permit letter at some point. There is lots of extraneous information put in those letters. Maybe some pistol permit department head said something like "your permit only allows you to carry concealed except of course while hunting...." or something like that.
The_Outlaw
~The Dude Abides~
That whole scenario with the DEP Police sounds like a real friggin hassle to me....Reminds me to never hunt in NY.
Ok, I'm pasting what I got from "ask the experts" on the WWW. Perhaps I was hallucinating when I thought I had seen it in writing.
_______________________________________
Expert:
Robert P. Firriolo
Subject:
Open carry while hunting in NY state
Question:
Oneida County, NEW YORK STATE
From experience and advice from police and conservation officers, I know that the prohibition on open carry does not apply to hunters while hunting. I have had my concealed license since 1960. I do carry openly while hunting. But I cannot find anything in writing that verifies this exception.
If as some have told me the prohibition is "just not enforced" on hunters, it seems to me that some anti gun cop or judge would have made an arrest of some poor hunter for open carry.
Can you tell me a source for this exception? Might it just be a judge's ruling #precedence?# sometime along the way?
Thank you in advance for your consideration.
Answer:
New York State law proceeds from the premise that all handgun possession is illegal unless there is some exception permitting it. For example, being a police officer or having a license to carry firearms are exceptions. There is nothing in New York law allowing somebody with a license to carry firearms to carry openly; it is a license to carry concealed.
The licensing law often runs up against reality. For example, a premises residence license allows one to lawfully possess a handgun in the home, but not to take it home from the gun shop, to a range for practice, or to a gunsmith for repair.
The NYS Conservation Law does permit handgun hunting, and does not require that such handguns be carried concealed. The Conservation Law also allows the possession of certain handguns by licensees during certain hunting seasons and activities.
When somebody is afield and engaged in lawful hunting while in possession of a licensed handgun, the situation could be said to be like being on a range for target practice. It would be absurd to maintain that though the license requires one to carry concealed, that one could not keep the firearm exposed at the range. It seems that open carry while afield and engaged in hunting has been treated the same way by DEC officers, a practical matter. However, there is nothing in the law that requires any given law enforcement officer, or any given prosecutor, to treat the concealment requirement as inapplicable while afield and engaged in hunting.
The bottom line is that there is no exception for open carry in New York for one who holds a carry license. It is purely within the discretion and common sense of EnCon officers that a person hunting with a long gun in his hands would not have to conceal his licensed handgun while afield.
_______________________________________
Expert:
Robert P. Firriolo
Subject:
Open carry while hunting in NY state
Question:
Oneida County, NEW YORK STATE
From experience and advice from police and conservation officers, I know that the prohibition on open carry does not apply to hunters while hunting. I have had my concealed license since 1960. I do carry openly while hunting. But I cannot find anything in writing that verifies this exception.
If as some have told me the prohibition is "just not enforced" on hunters, it seems to me that some anti gun cop or judge would have made an arrest of some poor hunter for open carry.
Can you tell me a source for this exception? Might it just be a judge's ruling #precedence?# sometime along the way?
Thank you in advance for your consideration.
Answer:
New York State law proceeds from the premise that all handgun possession is illegal unless there is some exception permitting it. For example, being a police officer or having a license to carry firearms are exceptions. There is nothing in New York law allowing somebody with a license to carry firearms to carry openly; it is a license to carry concealed.
The licensing law often runs up against reality. For example, a premises residence license allows one to lawfully possess a handgun in the home, but not to take it home from the gun shop, to a range for practice, or to a gunsmith for repair.
The NYS Conservation Law does permit handgun hunting, and does not require that such handguns be carried concealed. The Conservation Law also allows the possession of certain handguns by licensees during certain hunting seasons and activities.
When somebody is afield and engaged in lawful hunting while in possession of a licensed handgun, the situation could be said to be like being on a range for target practice. It would be absurd to maintain that though the license requires one to carry concealed, that one could not keep the firearm exposed at the range. It seems that open carry while afield and engaged in hunting has been treated the same way by DEC officers, a practical matter. However, there is nothing in the law that requires any given law enforcement officer, or any given prosecutor, to treat the concealment requirement as inapplicable while afield and engaged in hunting.
The bottom line is that there is no exception for open carry in New York for one who holds a carry license. It is purely within the discretion and common sense of EnCon officers that a person hunting with a long gun in his hands would not have to conceal his licensed handgun while afield.
BIGJOHN621
New member
It isn't so bad. They do license checks on state lands infrequently. I've been hunting state and private property since I was 16 and have run into them twice, so it is infrequent.
You're right. I've been hunting with open carry for about 50 years. Have been asked by an ECO and state trooper to see my hunting license, but never asked for a pistol license other than by a FFL when I was trading with him/her.
Recoil Rob
New member
This is from publication PISTOL LICENSE INFORMATION HANDBOOK PDCS-4000k published by Suffolk County Police but I believe applies statewide.
TYPES OF PISTOL LICENSES
(1) SPORTSMAN – (Target and Hunting) – For the underlined purposes, firearms may only be transported between your residence and an authorized target shooting range, a legal hunting area in New York State and while actually afield hunting. For the purpose of hunting, you are reminded that you must also possess a valid New York State hunting license and comply with DEC hunting regulations. Handguns must be carried concealed except when in the field hunting or on the target range for the purpose of target shooting. A sportsman license will be canceled if you relocate to another state. I
TYPES OF PISTOL LICENSES
(1) SPORTSMAN – (Target and Hunting) – For the underlined purposes, firearms may only be transported between your residence and an authorized target shooting range, a legal hunting area in New York State and while actually afield hunting. For the purpose of hunting, you are reminded that you must also possess a valid New York State hunting license and comply with DEC hunting regulations. Handguns must be carried concealed except when in the field hunting or on the target range for the purpose of target shooting. A sportsman license will be canceled if you relocate to another state. I
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