NYC Councilwoman Arrested For Open Carrying - Possible Sensitive Places Challenge

[Willyone]

Brooklyn DA Drops Gun Charge Against City Council Member, Citing ‘Inoperable’ Weapon

The NYPD did not arrest Inna Vernikov at the rally, and recovered the gun only when she voluntarily turned it in the next day. Police then found the weapon was missing a piece and didn’t work — leading to the dismissal, the district attorney’s office said.

www.thecity.nyc

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She was smart. Before she turned herself in the following day she rendered the gun a non-shootable useless paper weight. God bless'r

 

[pshift]

(cough) ... priviledge ... (cough ... cough)

 

[stokes]

Smart girl. Obviously a stunt. Even if she hadnt rendered it inoperable they would not have been able to prove it was the gun she allowed herself to be photographed with.

 

[SomeSoldier]

So no charges brought for open carry and no loss of license for open carry. Could it be because there isn't a law that states you can't open carry?

 

[Mosinitis]

They still pulled her permit, no?

 

[Willyone]

(cough) ... priviledge ... (cough ... cough)

C'mon man..... She's a Republican. I'm surprised there was no tax payer $$ used for 5 gallon pal of tar and big bag of feathers.

 

[kev74]

She was smart for "fixing" the gun, but she was lucky the city wanted no part of having her as a test case.

 

[stokes]

So no charges brought for open carry and no loss of license for open carry. Could it be because there isn't a law that states you can't open carry?

It was an inoperable gun, there is no crime in carrying an inoperable gun, open carry or otherwise.

They still pulled her permit, no?

Why would they pull her permit? She wasnt carrying a gun illegally.

 

[Willyone]

She was smart for "fixing" the gun, but she was lucky the city wanted no part of having her as a test case.

True, but worse yet it seems they let it slide completely. I'm gonna print the story out and keep a copy on my person, just in case

 

[kev74]

True, but worse yet it seems they let it slide completely. I'm gonna print the story out and keep a copy on my person, just in case

Good luck!

I don't expect you'll be extended the same courtesy though.

 

[stokes]

What courtesy? She was carrying an inoperable firearm. They didnt let anything "slide". I go on the assumption that the cops were told, like they did during the BLM riots to stand down and not make arrests. Maybe the cops that saw her with the gun, if any actually did, were 2A supporters and decided not to make an arrest.

 

[Mosinitis]

It was an inoperable gun, there is no crime in carrying an inoperable gun, open carry or otherwise.

Why would they pull her permit? She wasnt carrying a gun illegally.

In the past they did pull permits without charging someone with a crime.

 

[stokes]

In the past they did pull permits without charging someone with a crime.

Only times I know of is if there was a domestic dispute complaint. There was no complainant in this case and she obviously wasnt home.

 

[stokes]

This was most likely staged and she posed for the pics and made sure no cops saw it.

 

[Mosinitis]

Only times I know of is if there was a domestic dispute complaint. There was no complainant in this case and she obviously wasnt home.

That and when permit conditions/restrictions were not followed. Lots of weight was on their discretion.

 

[stokes]

What conditions/restrictions did she not follow?

 

[Uninformed and Compliant]

It was an inoperable gun, there is no crime in carrying an inoperable gun, open carry or otherwise.

Wasn't there some crap passed recently about facsimile / toys being carried in public?

 

[stokes]

Wasn't there some crap passed recently about facsimile / toys being carried in public?

Only thing I know about is that toy guns have to have an orange muzzle. If a toy gun or facsimile is used in a crime it can be considered and charged as an armed crime, but that is not new.

 

[Mosinitis]

What conditions/restrictions did she not follow?

School zone restriction. Whether the gun was proven operable or inoperable wouldn't matter, because the standard was their discretion.

 

[stokes]

School zone restriction is for a firearm, an inoperable gun is not a firearm.

because the standard was their discretion.

Dont get what you mean by this. Whose discretion? And what standard?

 

[togmaster]

S 120.14 Menacing in the second degree.
A person is guilty of menacing in the second degree when:
1. He or she intentionally places or attempts to place another person
in reasonable fear of physical injury, serious physical injury or death
by displaying a deadly weapon, dangerous instrument or what appears to
be a pistol, revolver, rifle, shotgun, machine gun or other firearm

She is guilty of menacing even if it were a toy gun.

Laws don't mean anything anymore.

 

[ManualF150]

S 120.14 Menacing in the second degree.
A person is guilty of menacing in the second degree when:
1. He or she intentionally places or attempts to place another person
in reasonable fear of physical injury, serious physical injury or death
by displaying a deadly weapon, dangerous instrument or what appears to
be a pistol, revolver, rifle, shotgun, machine gun or other firearm

She is guilty of menacing even if it were a toy gun.

Laws don't mean anything anymore.

What gets me about what happened here, and the whole 120.14, is in my eyes and others, displaying a deadly weapon, dangerous instrument or what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm should mean holding it on your hands. Safely holstered to me and many others is not menacing.

So technically this lady was not menacing because she didn't have it unholstered waving it around/holding on to it being threatening to anyone.

In my eyes, unless she removed it from it's holster, it's not menacing.

On the contrary, some would feel threatened by her merely having it openly carried like that.

That 120.14 is a vague law when open carrying. It's like another "gotcha" clause if they wanted to use it against someone.

 

[togmaster]

What gets me about what happened here, and the whole 120.14, is in my eyes and others, displaying a deadly weapon, dangerous instrument or what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm should mean holding it on your hands. Safely holstered to me and many others is not menacing.

So technically this lady was not menacing because she didn't have it unholstered waving it around/holding on to it being threatening to anyone.

In my eyes, unless she removed it from it's holster, it's not menacing.

On the contrary, some would feel threatened by her merely having it openly carried like that.

That 120.14 is a vague law when open carrying. It's like another "gotcha" clause if they wanted to use it against someone.

This is NYC where displaying a Trump bumper sticker is considered menacing.

 

[Mosinitis]

School zone restriction is for a firearm, an inoperable gun is not a firearm.

Dont get what you mean by this. Whose discretion? And what standard?

Discretion of NYPD firearms control Gestapo and presumption that firearm was operable at the time she carried it in the school zone is actually very reasonable. No way would an average permit holder get away with that.
The standard for pulling someone's permit was much lower than standard for charging someone with a crime.

 

[stokes]

To prove menacing in court they have to show intent. Standing there as she is shows no intent. Now if you pull up your shirt to show your gun to someone you are having a disagreement with there is intent. As I said earlier, this was staged, for some unknown to me reason. She is not stupid, nothing she did was illegal. She posed for those pics, most likely out of view of the police and I wouldnt doubt she or somebody she knows posted it to whatever social media first.

 

[Saltwater60]

She was smart for "fixing" the gun, but she was lucky the city wanted no part of having her as a test case.

Pretty smart and a great time for a Jew to pull this stunt I might add

 

[stokes]

Discretion of NYPD firearms control Gestapo and presumption that firearm was operable at the time she carried it in the school zone is actually very reasonable. No way would an average permit holder get away with that.
The standard for pulling someone's permit was much lower than standard for charging someone with a crime.

There is no indication in anything I've seen about this that the NYPD even saw her at the time the pics were taken. She left and turned herself in the next day. Handed in the gun she says she was carrying, a pistol on her permit no doubt. After doing a check it was found to be inoperable, there is/was no crime, end of story. No reason to pull her permit, and she is just an average permit holder. Probably has more going against her being a republican in Bklyn.

 

[thughes]

There is no indication in anything I've seen about this that the NYPD even saw her at the time the pics were taken. She left and turned herself in the next day. Handed in the gun she says she was carrying, a pistol on her permit no doubt. After doing a check it was found to be inoperable, there is/was no crime, end of story. No reason to pull her permit, and she is just an average permit holder. Probably has more going against her being a republican in Bklyn.

Perfect test case and sets precedence for the rest of us; not sure why anybody here has a problem with this outcome.

 

[Mosinitis]

Perfect test case and sets precedence for the rest of us; not sure why anybody here has a problem with this outcome.

It's not a test case since it will not be adjudicated. If anything it's a case of preferantial treatment.

 

[kev74]

Perfect test case and sets precedence for the rest of us; not sure why anybody here has a problem with this outcome.

None of us would be treated similarly.

NYS law doesn't differentiate between a working and non working pistol. A pistol is a "firearm" and subject to the NYS Penal Code.

They cut her loose so she wouldn't be the test case. I think most "sensitive places" cases will get pled down in light of Bruen.