story of co-worker getting busted in NYC, illegal CCW

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buck00

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A thread came up recently about carrying in NYC so I thought I’d tell a story about a non-New York resident carrying concealed in NYC and getting busted for it. This is a bit long, but I thought I'd share this. We can always learn something from the experiences of others.

In 2004 I had a co-worker who had a CCW for PA (Philadelphia). He was a younger guy, 23 or so, and was going up to NYC with a friend to visit some other friends one weekend. He was a non-drinker so that isn’t the issue here. The bottom line is while it would be illegal to carry across state lines from PA to NY (especially NYC,) he rationalized that getting shot or stabbed would be worse than getting arrested for illegal CCW, so he ended up deciding to carry as a precaution. He figured if he kept it concealed, no one would know and he’d be ok. I think many of us have been in that dilemma. What is more important; obeying the law and subjecting yourself to danger by not carrying or breaking the law and subjecting yourself to legal persecution? :confused:

To give the story better context (but not turn it into a race issue) my co-worker was black and like some young people, didn’t dress very conservatively. Hey, I've seen white 23 yr olds dress just as casual (or fooilsh in my opinion). So I will admit his appearance may have been a factor. * As you may have guessed, his friend and he were pulled over in NYC, the car was searched (the cops came up with some alleged probable cause) and he spent from Friday night to Monday afternoon in an NYC jail until he could get bailed out. Keep in mind this was a jail in NYC. It was 30 guys in one big common room for various charges. My co-worker was a big guy and pretty street smart, but he said the weekend was total hell. He said he literally had to go into a survival mode where his face was stone, emotions like iron- playing the street game of avoiding conflicts with other inmates but not backing down (don't give up your seat for example), projecting a vibe he wasn’t to be messed with while inside he was really scared. He said he was so nervous and high strung, he barely could eat and didn’t dare sh—all weekend, not on the open toilet in front of the whole room. He didn’t see anyone raped but an Asian guy got beat up and robbed in front of him in the common room. As I said, he was a street smart Philly guy, and still said it was a horrible and frightening 60 hours.

On a side note- before we make any social assumptions about my old co-worker, he was a college graduate with a clean record, not some thug. So let's not jump to a "well that could never happen to me" mindset.

On the Monday, he was fortunately bailed out and came back to PA. The legal process was very long, costly, and he had to travel all the way back to NYC for every court date. Eventually his lawyer proved the cops didn’t have probable cause to search the car so the entire case was thrown out (he is a parole officer today so it couldn’t have stained his record too much) but I don’t think he ever got his pistol back (Glock 23). :(

The point of all this? This isn't some boo-hoo story, it's just something to consider when you think about carrying over state lines (which I would admit may be necessary at times).

1. Carrying a pistol into NY or NJ (as a PA or non-NY resident) is always a risk. This story illustrates the high price you can pay if you are caught.

2. You are often treated how you dress. I am sure most THR guys don’t dress like Snoop Dog, a goth, or some heavy metal guy, etc, but I don’t think (in this story) their dress helped them when they were pulled over (note: not trying to start a cop racial profiling thing here). I just think its common sense. I think police, and society in general, often treats you how you dress and carry yourself.

Anyway, this was just a story for you guys to chew on. I’ll open this up, maybe some other guys have stories about people they know who were busted for carrying concealed in the wrong place (different state, posted area, etc).
 
Whenever I'm out and about (and armed), I'm dressed business casual, at least. Buttoned down long sleeve shirt, tucked into black slacks, with a sport jacket and a brown fedora. I wear suits as well, but both convey the same general image. You'd be surprised how many people ask you what field you work in, when you wear business attire all the time. I usually tell them, "human resources." :)
 
I've never carried anywhere illegally, but I have and still do break my company's policy.

As far as profiling, I've been a victim too, but because of car rather than my attire. I was driving a Honda Civic with dark tinted windows and a bra. You should have seen the look on the cop's face when a hoodlum didn't step out of the car, but a well-groomed gentlemen in busness attire. He was almost apologetic.
 
1. Carrying a pistol into NY or NJ (as a PA or non-NY resident) is always a risk. This story illustrates the high price you can pay if you are caught.
Correction -- this story doesn't even begin to illustrate the high cost of getting caught. Your friend got off on a technicality. Remember, he was the passenger. It wasn't his car and he didn't know what might be in the trunk. Just suppose the arresting officer had been able to back up the search with probably cause. Your friend would have gone up the river and he most likely would not be a parole officer today.

Your friend was extremely lucky. Compared to what might have ensued, his "cost" wasn't even remotely high. He got a bargain.

So ... does he still carry when he goes to NYC? Or does parloe officer status qualify him under HR 218?
 
he rationalized that getting shot or stabbed would be worse than getting arrested for illegal CCW
Alot of people say this but I know for me the odds are I'll have a car wreck and the emt's find a gun on me is way more likely than needing a gun. I like to vote too.

(the cops came up with some alleged probable cause)
Did he get an attorney and sue?
 
When I lived in CT my boss and I would occasionally go into NYC by train for business. We'd be in suits with briefcases, looking like all the other business travelers. He always had some little Beretta pocket gun with him, and when I questioned him about taking into the city he'd say "I'd rather be judged by 12 than carried by 6". Of course, he was from big money, so I doubt he'd spend 5 minutes in a holding cell even if he shot someone. Its not fair, it just is what it is.
 
This is one of the reasons I will never have the 'pleasure' of visiting NYC, unless of course they change their legislation. Even then, I wouldn't go out of my way to be there. I've seen New York New York in Vegas. That was enough for me :neener:
 
A thread came up recently about carrying in NYC

Carrying a pistol into NY or NJ (as a PA or non-NY resident) is always a risk. This story illustrates the high price you can pay if you are caught.


The difference between the thread you mentioned and your friend's experiences is your friend was breaking the law.

It would be nice if there were reciprocity for CCW nationwide but there isn't you need to pay attention to the laws of wherever you're going.
 
I'll stay away from NY (and NYC), NJ, MD, MA, CA, IL, PA, RI, and HI. That should keep me out of the most anti-gun states.

Oh, well, still 41 other states to visit...
 
buckOO,you ever make it to WV??
Name rings a bell,as does your state.
Just have to ask.
Sorry about your co-worker,I carry when in NYC myself.
Have a NYS permit,but it don't mean sh** in the city.
MRI(Tom)
 
unfortunetly, some musical artists I enjoy don't come close enough to where eI live. So I compromise my position and go sometimes to NY or Boston... No more than I have to though.
 
This is one of the reasons I will never have the 'pleasure' of visiting NYC, unless of course they change their legislation. Even then, I wouldn't go out of my way to be there. I've seen New York New York in Vegas. That was enough for me

My seniments, exactly. There's nothing in that hellhole worth risking my life over.
 
I spent a few nights in a Queens County courthouse jail for a freakin' TOY GUN over 20 years ago. Another victim of the NY/NJ Port Authority police at the airport.

The charges were eventually dropped when some dude at the NYPD ballistics lab looked at the toy gun and finally figured out ... "hey, this thing is a toy." :rolleyes:

Have to say, it was an interesting "cultural experience" hanging out with drug offenders, rapists, murderers, and an intoxicated NYPD auxiliary cop (not very interesting conversation ... he was passed out).

What I learned while temporarily caged up:

The most valuable currency in the holding pen is.... cigarettes.

*cough*
 
that, sir, is why they record music!!!!

True, but I would rather be able to see a live act once in a while. It is fulfilling for me to be able to live life. Don't get me wrong, I would certainly much rather carry when I go there, but I want to enjoy life and do what I like to do.

I don't go to a city just to hang out, I go with a specific purpose in mind.

Very seldom I might add.
 
Avenger29 said:
I'll stay away from NY (and NYC), NJ, MD, MA, CA, IL, PA, RI, and HI. That should keep me out of the most anti-gun states.

Hmmm. You know, you can get a carry permit in PA, and if your individual circumstances fit, it's possible to get one in MA and RI.
 
I grew up in Brooklyn, New York, I have always resided west of the Mississippi as an adult. New York City is basically a third world Banana Republic. I'll leave it at that.
 
'll stay away from NY (and NYC), NJ, MD, MA, CA, IL,PA, RI, and HI. That should keep me out of the most anti-gun states.

Why do you put PA on that list? Except for a couple irritating items*, PA is a fairly good place to own guns. For example, carry permits are quite easy to get (and PA offers non-resident permits); there are not too many off-limits places; pretty much all kinds of goodies are legal (I don't know the full list, but there's no state AWB, at least); lots of shooting ranges; lots of gun stores. All in all, I'd say you don't have to avoid PA.

* Of course, the annoying things are pretty annoying--there is a "backdoor" registry, where the state police get a special form when you buy a handgun. They're not supposed to retain it, but who knows what happens to it. Second, private handgun sales must go through an FFL. Third, the legislature requires constant monitoring and discipline with a rolled-up magazine.

Edit: on topic, I think it sounds like your friend got off lucky with this one--there have been incidents where individuals who were not breaking a law received much worse punishment (a guy flying through NJ with a gun comes to mind--I think he spent several days in jail, maybe more, because of a delayed flight).
 
I had my CCP class this weekend and the issue of traveling over state lines (more specifically, NY) came up.

Doesn't FOPA: Safe Passage protect someone traveling through NY or NJ? Yes, "[c]arrying a pistol into NY or NJ" is definitely risky, but what about through (following the Safe Passage guidelines of course--i.e. you really are passing through, not stopping over in NYC for the night to hang out)?

For example, I'm moving from CT to VA in the fall. One possible route would take me through NY for a little while. Because I'm going from a legal domain (i.e. I'll have a CT CCP by then) to a legal domain (i.e. open carry is legal in VA, plus I should have my NR CCP by then), I believe Safe Passage protects me as long as I abide by its guidelines.

Interesting story and topic.
 
I had my CCP class this weekend and the issue of traveling over state lines (more specifically, NY) came up.

Doesn't FOPA: Safe Passage protect someone traveling through NY or NJ? Yes, "[c]arrying a pistol into NY or NJ" is definitely risky, but what about through (following the Safe Passage guidelines of course--i.e. you really are passing through, not stopping over in NYC for the night to hang out)?

For example, I'm moving from CT to VA in the fall. One possible route would take me through NY for a little while. Because I'm going from a legal domain (i.e. I'll have a CT CCP by then) to a legal domain (i.e. open carry is legal in VA, plus I should have my NR CCP by then), I believe Safe Passage protects me as long as I abide by its guidelines.
Technically, the FOPA covers you when traveling through NY and NJ. As a practical matter, LEOs in the Big Apple vicinity seem to think that Federal laws don't apply to them, and they arrest you anyway.

NJ is marginally better. THe exact wording of the FOPA is repeated in NJ state law. The NJ State Police are cool on it, but locals in general don't seem to have a clue, and they'll bust you just as quick as a NYC cop would.

For your trip, your preferred route would be the NY Thruway to the Garden State Parkway, staying completely outside of NYC limits. Even better, I-84 across NY well north of NYC, pick up I-81 in Scranton, PA, and motor on down I-81.
 
Technically, the FOPA covers you when traveling through NY and NJ. As a practical matter, LEOs in the Big Apple vicinity seem to think that Federal laws don't apply to them, and they arrest you anyway.

NJ is marginally better. THe exact wording of the FOPA is repeated in NJ state law. The NJ State Police are cool on it, but locals in general don't seem to have a clue, and they'll bust you just as quick as a NYC cop would.

For your trip, your preferred route would be the NY Thruway to the Garden State Parkway, staying completely outside of NYC limits. Even better, I-84 across NY well north of NYC, pick up I-81 in Scranton, PA, and motor on down I-81.

Great info. Thanks a lot.
 
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