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ccw law in New York

MOEMOE Member Posts: 16 ✭✭
edited January 2010 in Gun Rights and Constitutional Law
Recently I was pulled over by a local police officer near Buffalo NY. He pulled me over for having the license plate on my trailer covered with a tarp. At the time my pistol was in my center console concealed. My questions are:
1. Do I legally have to disclose to the officer that I have a pistol on my person?
2. Do I have to relinquish my weapon to the officer without a warrant?
I understand police officers have a tough job and every traffic stop is a potential threat to the officer. I'm not trying to make their job more difficult. I just don't want to be made out to feel like the bad guy. Any information or advice would be appreciated. Thanks in advance
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Comments

  • Spider7115Spider7115 Member Posts: 29,704 ✭✭✭
    edited November -1
    NY State does not require that you tell a police officer if you are carrying a concealed weapon. However, common sense needs to prevail. If your weapon may be seen by the officer, you could stand a very good chance of getting hurt. Do NOT say "I have a gun". I would say "I have a permit for a concealed weapon in my wallet" and offer it AFTER he says it's ok to reach for it. He will ask if you have a gun with you and where. Do NOT reach for it but inform him politely. If your gun is not within reach or where it may accidentally be exposed, just shut up.

    By the way: You DO have a NYS carry permit, don't you?
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  • jpwolfjpwolf Member Posts: 9,164
    edited November -1
    Allow me to correct spider's response...


    quote:Originally posted by Spider7115
    just shut up.
    By the way: You DO have a NYS carry permit, don't you? [/b]


    Act like a free man, not like a German, and a cop is the Gestapo.[:(!]

    And as far as the permit???....

    Act like a free man. Get your mind around it and enjoy it for pete's sake!
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  • MOEMOE Member Posts: 16 ✭✭
    edited November -1
    Spider,
    Yes, I do have a permit to carry. Thanks for the information!
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  • littlegunlittlegun Member Posts: 382 ✭✭✭
    edited November -1
    I had a police officer tell me that when they run you license if you have a ccw permit it comes up anyhow
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  • MJPhillipsMJPhillips Member Posts: 2 ✭✭
    edited November -1
    Hi Moe, more on your post re CCW in NY. u don't have to disclose, ur 2nd Q is more problematic. If the PO demands that u surrender the gun, politely ask him/her "Why do I have to surrender my firerarm?" "Why are you seizing my firearm?", "Am I under arrest?" If the PO insists, tell them that "I am a law abiding citizen, I do not give you permission to seize my property, however, I will not resist or impede you in any way." Also ask, "Who is you supervisor?", "Where is he/she located?" Then go to the police station and make a personnel complaint & demand your gun back. Cal the DA in that County & demand the gun back. Call the NRA & ask for help. Hire an attorney & sue everybody in sight, Mike
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  • 38anup38anup Member Posts: 42 ✭✭
    edited November -1
    I have been stopped twice when my pistol was in full view. when your plate was ran it comes back as possibly armed so they know already you have a permit.In both cases the officer just checked the serial number on the pistol with what was on my permit. then handed both back to me, and both times was thanked for unloading it before handing it to them.RELAX and stay cool they dont want more paperwork to fill out.
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