Brinks Gaurd and open carry in NY

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lobo9er

lobo9er

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I was in a gas station getting a coffee and a ahead of me was a Brinks armored car driver/guard and he was had a gun on his hip. I was not aware that brinks armored car guys were law enforcement. So anyhow I glanced down (I think it was a sig for sake of conversation) and he noticed kinda acted funny turned so I couldn't see paid for his coffee and left. Now I am in upstate NY and open carry is very illegal. So.... are armored car folk allowed to openly carry, is it a grey area or are they LE of some fashion?
 
Not LEO at all. Definitely a grey area. His company definitely doesn't allow him to carry that firearm outside of his job so he probably has a bit of a GI Joe feeling when he has a gun and nobody else does. I see guys in Sheetz or Wawa every day that work for ASG or the like, in uniform but off duty and no one thinks twice (though VA has very very lax laws on carry). All in all, he's breaking the law.
 
Could be that Brink's has some sort of licensing agreement with the State of New York. Self-defense in the event of an attempted robbery. Likely, given the past history of such events.
 
There is an interesting thread about Armed Guards and open carry at nyfirearms.com.

http://www.nyfirearms.com/forums/carry-conceal/18912-armored-truck-open-carry.html


The thread is six pages long with quotes from Article 265 and Article 400 of the penal Law Of New York State. Despite the length of the thread and the laws quoted and LEO's and armed guards giving their input, It still seems that the interpretations seems to point to a gray area. It makes for interesting reading and a lot of head scratching...

On a side note and slightly OT. Seems a new record was just set in NY State, one individual waited up to 17 months to get a handgun permit in upstate NY. This is the longest wait I have seen anywhere...
 
it depends on the wording of state law.fla does not allow security to open carry off of assigned post like that.only while working/on site are you allowed open carry.you must carry it in sealed container/case to and from post,if you have concealed permit,wear a vest/jacket that covers weapon.
 
On a side note and slightly OT. Seems a new record was just set in NY State, one individual waited up to 17 months to get a handgun permit in upstate NY. This is the longest wait I have seen anywhere...
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ha took me nearly 2 years. I scoff (in good fun) when people complain, because in most cases it didn't take them as long as myself.
 
lobo9er said:
I was in a gas station getting a coffee and a ahead of me was a Brinks armored car driver/guard and he was had a gun on his hip. I was not aware that brinks armored car guys were law enforcement. So anyhow I glanced down (I think it was a sig for sake of conversation) and he noticed kinda acted funny turned so I couldn't see paid for his coffee and left. Now I am in upstate NY and open carry is very illegal. So.... are armored car folk allowed to openly carry, is it a grey area or are they LE of some fashion?
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You have to understand...bags of money are SO much more important than the lives of common folk...
 
You have to understand...bags of money are SO much more important than the lives of common folk...
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You have to understand. The guard does not carry a firearm to protect the money.
 
There's a bit of a misunderstanding here.

Open carry is not illegal in New York.
There is no law on the books in New York rendering open carry illegal (provided you have your "license to carry a pistol"). In the majority of jurisdictions in NY, if you are found open carrying and aren't well-connected, you will usually be arrested and charged with a generic/made-up offense (disturbing the peace, disorderly conduct, etc). I've seen people (not in uniform, not LEOs) open carrying a few times in upstate NY without any problem, but I wouldn't try it myself.

I'm no expert on this but I'd imagine that the simple fact that it is a requirement of security guards' jobs that they open carry makes it silly/impossible to convict them of bogus charges so law enforcement doesn't bother.
 
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You have to understand. The guard does not carry a firearm to protect the money.
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doesn't make him legal to open carry.

Open carry is not illegal in New York.
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your right but mostly wrong, I believe.
It is legal to open carry while hunting for example or traveling to or from a hunt, but it is illegal to stop while traveling and open carry. For example while on my way to deer hunting I cannot stop for coffee and open carry, that would be a one way ticket to a bad day, in NY.
 
I worked for Brinks briefly. I carried openly while on the job, including stops for lunch or coffee. I worked in Boston, Providence, and the suburbs in between, carrying openly the whole time. This was SOP for everyone in the company. Nobody thought it was a big deal and nobody thought we were cops.

Maybe the guy saw you eyeballing him and turned away in case you were going to make a grab for his weapon. People perceive different things.
 
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It is not illegal to open carry in N.Y. Sometimes and not others, if that were the case there would be written law. Per my county's permit clerk, open carry is lawful but is generally not recommended as it usually will draw unwanted attention from the public which will usually end up involving leos, but that being said no charges of dis-con or anything else as long as it is deemed unthreatening by Leo after investigation.
 
It is not illegal for armed guards to open carry. In fact, being an armed guard is one of the few reasons for a person to be allowed to posses a machine gun in NYS.
 
Maybe the guy saw you eyeballing him and turned away in case you were going to make a grab for his weapon. People perceive different things.
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maybe but doesn't make him with in the law.

It is not illegal for armed guards to open carry.
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while on the job its fine but not off, nor off premise. Unless of course you are LE.

Also I am fairly certain becoming an armed guard would not give me the ability to own a full auto firearm.
 
Glad I live in Wisconsin where Open Carry is totally legal. I do it frequently when coming off the farm to get gas, etc. (I open carry on my own property). Other times it's concealed, but if you print or it shows, no problem..... :)
 
I have been arguing for over a month on nyfirearms forum on this...everything I find says there is NO LAW against Open Carry in the state of NY. As to PL 120.14, the court cases do not support that the peaceful open carry of a legal sidearm is "menacing".

Read this: (especially the last paragraph) http://newyorkcriminaldefenseblawg.com/tag/pl-120-14/

IMHO: NY licensees have been bullied into thinking something that is totally legal is not...no-one seems to think it is illegal while hunting...but they "think" that it is just ignored...wrong...it's legal

May I add: "That which is not specifically prohibited, is permitted" that is English common law. Open carry of a legal firearm is no specifically prohibited in NY.

400-2(f) says to have and carry concealed...my license says "to have and to carry", neither says you may only conceal.
 
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I opened carried with a NYC carry permit both in the Hamptons and Upstate. Not Often, but if I stopped to eat, or was going into town, I would put on my owb holster and a tee shirt with a denim jacket, and it was clearlly obvious. No one ever asked me for any ID of looked at me funny.
I did look like Serpico, maybe they just assumed I was a cop, but it is legal, or was back in the 70's.
 
hermannr said:
400-2(f) says to have and carry concealed...my license says "to have and to carry", neither says you may only conceal.
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Every NYS permit I've seen (and that's literally thousands), says "license to carry a pistol is hereby granted". Nothing about open or concealed. I've never seen a NY permit that said "to have and to carry", but there are slight variations from county to county, and maybe I haven't seen one from your county before.
 
drsfmd said:
Every NYS permit I've seen (and that's literally thousands), says "license to carry a pistol is hereby granted". Nothing about open or concealed. I've never seen a NY permit that said "to have and to carry", but there are slight variations from county to county, and maybe I haven't seen one from your county before.
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My permit is from 1967, I haven't lived in NY for many many years...wife still has relatives there.
 
I just looked at mine for the heck of it and it clearly states as this Herkimer county and the permits are now made of plastic - license to carry pistol is hereby granted. Period
 
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