NYC - Councilwoman Vernikov arrested - Possession in "Sensitive Place"

[GetMeCoffee]

NYPD has arrested Councilwoman Inna Vernikov (R - Brooklyn) for Criminal Possession near a pro-Palestinian protest.

Vernikov was observing the rally at Brooklyn College and was spotted with a handgun protruding from her pants and a photo was posted on social media. She later turned herself in to NYPD. In a clip posted on X, Vernikov stated "I'm here at the pro-Hamas rally in Brooklyn College. There is a ton of police, and we made sure that Jewish students feel safe today."

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This seems interesting. She was apparently not arrested at the rally, so the police did not see her, but they have the photo and now (perhaps) her own admission? This seems like it will go nowhere. This is an easy vehicle to have NY's Bruen-response bill ruled unconstitutional (at least as applied), if it even gets that far. Since she was not arrested at the rally, I imagine it's even harder for NYPD to pursue. Could this be a setup, presumably in favor of gun rights?

[AlmostHeaven]

Councilwoman Vernikov would have a fairly compelling Second Amendment defense as a licensed concealed carrier caught in possession of a handgun in a sensitive place, but her case has been complicated by pro-Palestinian protestors having photographed her open carrying, which is illegal in the entire state of New York.

Even before the legislature enacted the Concealed Carry Improvement Act in response to NYSRPA v. Bruen, the image below would have depicted the commission of a felony in New York.

Nonetheless, I expect the district attorney to treat this case gently as to not further inflame tensions between the large Jewish and Muslim populations in New York City.

[AlmostHeaven]

Here is a professional photograph taken by the New York Post of the councilwoman at the pro-Palestinian demonstration, so you may judge for yourself whether this qualifies as concealed carry.

[GetMeCoffee]

Councilwoman Vernikov would have a fairly compelling Second Amendment defense as a licensed concealed carrier caught in possession of a handgun in a sensitive place, but her case has been complicated by pro-Palestinian protestors having photographed her open carrying, which is illegal in the entire state of New York.

IANAL, but would this evidence hold up at all in a criminal case, what with the ease of photo editing ("photoshopping") and the source of the photo being from people that would have it in for her?

Here is a professional photograph taken by the New York Post of the councilwoman at the pro-Palestinian demonstration, so you may judge for yourself whether this qualifies as concealed carry.

Forgive me, but I think I'm going to call that one "Clueless Carry". Some type of belt or other support is needed. That thing would fly out if she spun around fast and possibly take the pants with it.

[AlmostHeaven]

IANAL, but would this evidence hold up at all in a criminal case, what with the ease of photo editing ("photoshopping") and the source of the photo being from people that would have it in for her?

Standalone, this single photograph would likely not suffice. However, there are multiple images as well as snippets of videos showing the Smith & Wesson Shield in a fairly visible position, so I do not believe that the councilwoman could plausibly claim to a jury or judge that she did not actually possess a handgun at the demonstration.

Forgive me, but I think I'm going to call that one "Clueless Carry". Some type of belt or other support is needed. That thing would fly out if she spun around fast and possibly take the pants with it.

I do not disagree with your sentiment, but I am afraid under New York law, this would qualify as open carry. I personally believe open carry bans and sensitive places restrictions, at least those covering areas not contained within secure zones surrounded by hard perimeters, violate the Second Amendment, but Inna Vernikov does not have the best defense case here.

I believe she will end up pleading guilty to one of the gun charges, unless she chooses to embark on a momentous facial challenge.

[Rickybillegas]

Moral of the story to me is, when you are carrying, always wear the proper clothing appropriate to concealment.
She was wearing a tight, high cut blouse/shirt. Often, with this type of garment, when you lift your arm, the shirt raises, exposing your firearm.
If you don't check yourself often, then you're caught with your hand in the cookie jar.

Perhaps, there was a good reason she did this, but assuming not, as a permit holder, she should have known better. Wear a long loose shirt.

A shame, because, if she had dressed more appropriately, she never probably would have been caught. Now she loses her permit.

I'm on her side, so I hope she gets a slap on the hand, (a fine?) and gets her permit back. But like AH says, in Hochul land, this is technically a felony.

[emtmark]

Can?t see a gun, but the cannons are hard to miss


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[Foothills]

Kind of daring them to go Full Caetano.

[edgerly779]

No permit. Open carry like that it would take her minutes to use to engage. Nother dummy. Wear a belly purse with velcro closure and practice.

[Ca2AZ]

I'm sorry, but she's dumb for this. First and foremost, it's called CONCEALED carry for a reason. It seems to me like she wanted it known she was carrying and may have been planning to make a case against the sensitive places law.

Secondly, UltiClips would be the correct manner of carrying on those pants. If something were to have happened, she would've been pointing a fully holstered gun at her intended target.

[tradecraft]

What a dumbass.

[bohoki]

"pro-palastine protest"

i do not think that word means what you think it means

[AlmostHeaven]

No permit. Open carry like that it would take her minutes to use to engage. Nother dummy. Wear a belly purse with velcro closure and practice.

The councilwoman did possess a valid New York concealed handgun license prior to the arrest and felony charge. However, open carry is prohibited even with a permit, similar to California.

[tenemae]

It seems to me like she wanted it known she was carrying and may have been planning to make a case against the sensitive places law.

Judging from the picture AlmostHeaven posted, I'm firmly of the opinion she was brandishing to warn people she was armed as a deterrent to an attack. This would be an ideal court case to challenge open carry bans (should the DA be stupid enough to pursue it)

[Dan_Eastvale]

A La Boebert