Lawyers take aim at NYPD gun search policy 2 years after Supreme Court ruling
Two years after a landmark Supreme Court ruling ordered New York to make it easier for people to carry concealed firearms, legal experts say New York City has not become the Wild West version of itself some gun safety advocates had feared.
But it’s unclear how many more people are actually licensed to carry guns in the city, because the NYPD won’t disclose how many of those applications the department has approved. Retired NYPD Deputy Chief Robert Lukach said he expects the Bruen decision has made it more difficult for officers to seize guns. Before the Supreme Court ruling, the threshold for carrying a concealed firearm in New York was so high that police officers could assume nearly anyone they stopped with a gun was carrying it illegally, Lukach said.
Lukach said that puts police in a bind. If officers rush to search someone, they could violate the person’s rights and arrest them for a case that will ultimately be thrown out in court. But if they take too much time to evaluate whether someone is carrying an unlicensed gun, they could get hurt. A federal judge in Brooklyn has also sided with a man, Robert Homer, who was arrested after police watched him put a gun in his pocket. Officers said they assumed that he was carrying the gun illegally, because they said he didn’t display the “discipline” that would be expected from a licensed carrier. In that case,, District Judge Nicholas Garaufis said placing a gun in a pants pocket instead of in a holster does not give police grounds to arrest someone.
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