Explore The NRA Universe Of Websites

The Prosecutors and the Pagans: Two Sides of the Empire State’s Gun Laws

Friday, April 21, 2017

The Prosecutors and the Pagans: Two Sides of the Empire State’s Gun Laws

Early this month, members of the gun-control group Prosecutors Against Gun Violence met at a “Manhattan Summit” and took the time to express their dismay and alarm over federal bills proposing national concealed carry reciprocity. At the group’s news conference, Manhattan District Attorney Cyrus R. Vance Jr., explained that if the “dangerous” reciprocity legislation passes, someone from neighboring Vermont, “where there are no permit requirements, could come into New York City with a loaded gun, come to Times Square, go to the subways and be amongst us in our communities.” This would be very bad, apparently, despite the fact that Vermont consistently ranks as one of the safest states in the country, with a violent crime rate less than a third of that of New York State and where an estimated 70 to 75 percent of adult Vermonters own guns. 

In addition to this spectre of “subways packed with pistols or shootouts in Times Square,” other New Yorkers at the April 4th event added their own dire predictions that the federal legislation would “open the floodgates of people packing firearms on City streets,” with “the flood of guns pos[ing] a serious risk to our families,” and leading to “bloodshed in our communities.” All of these top law enforcement officials stressed the need to keep communities safe and the importance of local gun laws that protect the public.

This extravagant rhetoric rings hollow when considered in the context of a New York State lawsuit, a real-life study on how some of these “sensible” laws apparently work in safeguarding members of the public. 

The plaintiff, Sean McCarthy, is a resident of Suffolk County who applied for an unrestricted (“full carry”) license to carry a concealed weapon in 2015. New York State is a “may issue” state, and a person seeking an unrestricted license for the purpose of self-protection must establish, among other things, that “proper cause” exists, pursuant to N.Y. Penal Law § 400.00 Sub. 2(f). State law mandates an investigation of a license application to ensure that all statements are true, and the licensing officer may deny the application if “good cause exists for the denial of the license.”

Based on the complaint in the lawsuit, the licensing authority, the Commissioner of the Suffolk County Police Department, and various named officers, denied McCarthy’s application almost a year later, with the investigator’s response stating that while the application was made on the basis of McCarthy’s reason to fear for his personal safety, “the Applicant failed to establish proper cause for a full carry endorsement.” (She did, however, recommend that a restricted “sportsman license” be granted.) According to McCarthy, the letter rejecting his application advised that for an unrestricted license, he had to show that he was “exposed to extraordinary personal danger, documented by proof of recurrent threats to life or safety.” That’s when things get interesting.

As outlined in his complaint, in the late 1990s McCarthy had been a manager and doorman at a “gentlemen’s club” in Suffolk County called The Carousel. During his employment, McCarthy had banned members of the Pagan Outlaws motorcycle gang from the premises after he learned that the Pagans were attempting to extort “protection money” from the owners and other club employees. According to him, the Pagans responded with several violent attacks in an effort to intimidate him, including an unprovoked assault at the club in which seven gang members almost killed McCarthy by beating, kicking and stabbing him. Police were called, but to date “ha[d] not made a single arrest of any person who participated” in this attack. After this incident, the Federal Bureau of Investigation (FBI) contacted McCarthy to confirm that their undercover surveillance of the Pagans revealed McCarthy’s life was in danger. Pagan members who had been apprehended in the course of this federal investigation were found to have personal information about McCarthy and maps to his home. By late 1997, when the local leader of the Pagans was arrested, the attempted murder charges in the federal criminal complaint against him arose out of the “contract” that he had put out on McCarthy. Other arrests followed, and McCarthy alleges he was a “key, indispensable witness” in these proceedings, which lead to convictions of the local leader and many others, with lengthy prison sentences.

These criminals have been or will soon be released and returning to Suffolk County, and possibly resuming their former lifestyle in the same community as Sean McCarthy.

McCarthy’s application for an unrestricted license included this information in support of his claim of an actual need for self-defense. Nonetheless, the denial of an unrestricted license was confirmed and sustained by the Suffolk Police Department – a denial based, according to McCarthy, in a failure of the proper officials to consult the FBI, other relevant law enforcement officials, and their own police department records regarding McCarthy’s history and circumstances. 

If Sean McCarthy’s allegations are correct, there is likely no better indication of the senselessness of New York State’s restrictive concealed carry weapons permitting law. 

We can all agree on the importance of public safety and the welfare of the community. While it’s well and good to speak out for laws that prevent gun violence, there’s little justification for attacking legislation simply because it allows “more guns,” and even less reason to defend legislation that strips law-abiding citizens of their right to defend themselves.

TRENDING NOW
Here We Go Again: Anti-gun States Simultaneously Sue Law-Abiding Gunmaker

News  

Friday, December 13, 2024

Here We Go Again: Anti-gun States Simultaneously Sue Law-Abiding Gunmaker

Last week, the anti-gun attorneys general of Minnesota and New Jersey filed nearly simultaneous lawsuits against firearm maker Glock, essentially claiming the company was violating the laws of those states by making guns that are too easy to illegally ...

Concealed Carry Permit, Gun Sale Numbers Stay Strong in 2024

News  

Monday, December 16, 2024

Concealed Carry Permit, Gun Sale Numbers Stay Strong in 2024

The Crime Prevention Research Center (CPRC) has released the latest in its series of annual reports on trends in concealed carry permits in America.

Michigan: Final Push to Limit Gun Rights as Session Clock Runs Down

Wednesday, December 18, 2024

Michigan: Final Push to Limit Gun Rights as Session Clock Runs Down

With only a few days left in the session, anti-gun legislators are doing everything they can to pass additional legislation restricting the Second Amendment rights of Michigan citizens. The legislation below could be taken up ...

Maine: Prepare for Progressives to Attack Your Hunting Rights

Wednesday, December 18, 2024

Maine: Prepare for Progressives to Attack Your Hunting Rights

While 2024 may be winding down now, the 2025 legislative session is about to heat up, and radical anti-gun progressive politicians are already planning new ways to strip you of your fundamental rights.  

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Gun Control Activists Cite “Loopholes” in CEO’s Murder, Ignore Facts and Law

News  

Monday, December 16, 2024

Gun Control Activists Cite “Loopholes” in CEO’s Murder, Ignore Facts and Law

Predictably, gun control activists are citing the cold-blooded Manhattan murder of health insurance executive Brian Thompson to call for more gun control, particularly in the hot-button areas of “ghost guns” and “3D printed firearms.” 

Michigan: Anti-Gun Legislation Passed in the Middle of the Night Heads To Governor’s Desk

Friday, December 20, 2024

Michigan: Anti-Gun Legislation Passed in the Middle of the Night Heads To Governor’s Desk

With the sun setting on the 2023-2024 legislative session, yesterday the Michigan Senate held a marathon session lasting over 24 hours. While citizens were sleeping, anti-gun lawmakers were able to pass two pieces of legislation, ...

NYC Subway More Dangerous Than the Gridiron?

News  

Monday, December 16, 2024

NYC Subway More Dangerous Than the Gridiron?

Violent crime in New York City has been a growing concern over the last few years.  

Michigan: Take Action Against Anti-Gun Legislation TODAY!

Friday, December 13, 2024

Michigan: Take Action Against Anti-Gun Legislation TODAY!

With lame duck session in full swing, Michigan Democrats are doing everything they can to pass additional anti-gun legislation. Last night, the Senate passed, among other things, legislation that would restrict home-built firearms and ban ...

Canada Announces New Gun Bans, More Gun Control on the Horizon

News  

Monday, December 9, 2024

Canada Announces New Gun Bans, More Gun Control on the Horizon

On December 5, at a late afternoon press conference in Ottawa, Canada’s federal Public Safety Minister Dominic LeBlanc announced that 324 additional makes and variants of rifles would be added to the 2020 list of ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.