Rest Area Carry No Longer?

Was just looking at handgunlaw.us and according to them, the law changed YESTERDAY from "Yes" to "No" for carrying in rest areas in NYS. What bullshit!

WTF brought that change on?

No more ccw at the pickle parks? Damn

It's not a new law. I PM'd the guy that runs that site on another forum a long time (2 years?) ago. No idea why it changed now.

I am not a lawyer but I'm guessing this is the law.

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 17. DEPARTMENT OF TRANSPORTATION
CHAPTER IV. HIGHWAYS
SUBCHAPTER C. HIGHWAY USE AND MAINTENANCE

PART 156. USE OF REST AND PARKING AREAS AND SCENIC OVERLOOKS

* Section 156.12.* Firearms and weapons.

(a) At no time shall drawn bows, loaded firearms , loaded air guns, spring guns or other such weapons be permitted in any rest or parking area or scenic overlook, nor shall any bow, firearm , air gun, spring gun or other weapon be discharged for any reason in any rest or parking area or scenic overlook.

(b) This provision shall not apply to peace officers, as defined in section 154 of the Code of Criminal Procedure, or to State police officers, conservation officers or special game protectors.

Unless they are going to "wand" me,or body scan me for taking a piss,it will not make a difference to me.

The C in the middle of CCW comes into play here.

Not that ahem...... I am pointing out a way to commit a crime which is wrong nor am I supporting anything illegal








Concealed means concealed. Which means no one knows you have it.

Except if something happens, you use it, have a medical emergency, the wind blows the wrong way...

What is a firearm according to NY law?

This:

NYS Penal Code 265.00.3

3. "Firearm" means (a) any pistol or revolver; or etc.

But then there is this:

S 265.20 Exemptions.
a. Sections 265.01, 265.02, 265.03, 265.04, 265.05, 265.10, 265.11,
265.12, 265.13, 265.15 and 270.05 shall not apply to:
.
3. Possession of a pistol or revolver by a person to whom a license
therefor has been issued as provided under section 400.00 or 400.01 of
this chapter; provided, that such a license shall not preclude a
conviction for the offense defined in subdivision three of section
265.01 of this article.

Since the definition of "firearm" does not apply to a registered pistol, it would seem that this rest area thing does not apply to people with pistol permits.

You need a definition associated with the statute cited, not just any definition out of New York State.

Do we? According to the penal code, a registered pistol is not a firearm. At the very least, that means carrying at a rest area is not a violation of the penal code, which means it is not a crime, yes?.

The prohibition isn't in the Penal Law...it's a stretch to apply a definition from a completely separate document. There appears to be no particular definition within Title 17...common language interpretation applies.

Let's not get our collective panties in a wad. I think (not confirmed by research) that this is an ancient law. This is why.

"Peace Officers" are not defined in 154 of the Code of Criminal Procedure. They are defined in the New York State Criminal Procedure Law somewhere around 2.10 of the CPL. Furthermore, this law only exempts "Peace Officers" and makes no mention of Police Officers other than STATE Police Officers, conservation officers (who are now referred to as Environmental Conservation Officers) or my favorite special game protectors (No clue who "special game protectors translates to these days). These terms are antiquated references and the reference to section 154 implies this law went into effect prior to the revision of the Criminal Procedure Law and Penal Law back in the late 60s and then again in the early 70s and has not bee updated accordingly.

Arguably, this is void for vagueness as it imprecisely defines a) what a firearm is or b) adequately identifies those persons by class or occupation who are readily defined in another body of current law who are exempt.

Last, how many cops walk around with a copy of the NYCRR handy to enforce or has anyone even heard of anyone ever getting cited for this asshattery. Ponder this....if this law was truly in effect, how many people would be violating it every deer hunting season as they drive along the NYS Thruway on their way home from deer camp, and if this law was still valid can anyone recall it ever being used during hunting season or otherwise?

Never bothered to find out if it was true or not, but years ago someone who was pretty up to speed on such things told be that technically all the state parkways in NY, since they fall under the various state parks commissions, are considered state parks. And that if someone really wanted to give you a tough way to go, they could nail you for having a firearms. Again, true/false, I never bothered to research it.

Sometimes we are our own worse enemy.

Is that mostly EnCon law? They feel the need to prevent someone from carrying a loaded weapon so if a hunter has to go take a dump or rest at a scenic overlook and not shoot at game that happens to come into sight(poaching or game law violations on take)? Or people with a restricted PL who CC to and from range, hunting spot or FFLs?

Might not have a full copy of the book...but might have an ancient cheat sheet copy of statutes to cite for. IIRC, NYPD recently got in trouble for making arrests for sections that had long since been thrown out by the courts, and part of the issue was stated to be the cheat sheets that officers carry and that get copied and recopied. and passed down the ranks through the years without being updated. A cheat sheet should only be used to refresh your memory on the section to look up in the actual book, but maybe some guys weren't doing that.

Many of us carry a more complete book in our bags or as a file on our MDTs and use the cheat sheets as a memory jogger for the more rare violations we might encounter

Anyways, that would be MY concern.

Is this a criminal offense? Seems like it's in the regs and not the statute. Hmmmm

This issue particularly interests me as I travel the NYS thruway quite often and usually stop for coffee while doing so, I have a couple of questions.
What is the difference whether it is in the regulations or if it is a statute? If it is not a criminal offense it is still a violation?

Different location but also regulated by NYSCRR last year I spoke directly with an officer from the warren county sheriffs
( Marine Patrol Unit ) regarding CCW on Lake George he told me that he was not familiar with any regulation which made it illegal, and that it was OK to carry concealed on my boat while recreating on Lake George, he was going to check with his superior and get back with me if there was a problem never heard back.

If Lake George is considered part of a NYS Park, I would imagine the answer is no, you can't CCW on the Lake, Then again if the WSO Marine Patrol isn't sure and isn't going to hassle you, why go looking for...... "problems" in the wood pile.

While it is nice to know what the rules are to avoid trouble, sometimes it isn't in our collective best interest to ask "officialdumb" to research these things. Why have them discover a new (to them) way of oppressing us more than we already are.

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