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NYPD Treats Concealed Carriers as Guilty ‘Until Proven Otherwise’

September 2, 2022 By Dave Workman

If you’re packing in New York City, better be able to prove it because police there are being told to treat everyone as though they were carryng unlawfully until proven otherwse. (Dave Workman)

A leaked document obtained by Project Veritas reveals that the New York Police Department considers “Anyone carrying a firearm is presumed to be carrying unlawfully until proven otherwise.”

The revelation is already causing more than a stir on social media.

According to Ammoland News, the leaked five-page document came from the office of Ernest F. Hart, Deputy Commissioner for Legal Matters. It is headlined “Legal Bureau Bulletin.”

According to the document:

  • Possessing a firearm in New York City requires a special license issued by the New York City Police Department.
  • Carrying a firearm in New York City requires a concealed carry license issued by the New York City Police Department.
  • License holders are required to carry their license when carrying a firearm and must provide their license to law enforcement upon request.
  • Recent changes in law do not impact the way officers conduct investigative encounters.
  • Officers may stop an individual when the officer has reasonable suspicion that an individual is carrying a firearm (Level 3) and may frisk that individual since the officer has reasonable suspicion that the individual is armed and dangerous.

The memo explains the new gun control laws that were passed in the aftermath of the June 23 Supreme Court ruling in New York State Rifle & Pistol Association v. Bruen, which struck down the “proper cause” requirement to obtain a concealed carry license.

The new law designates certain areas as either “sensitive” or “restricted” locations with an added catch-all that seems designed to frustrate license holders by noting, “All private property (residential and commercial) that is not on the sensitive location list is considered ‘restricted.’ People who are licensed to possess firearms may not bring firearms to a restricted location unless they get permission from the property owner.” The memorandum then explains some exemptions to this rule as they apply to off-duty active law enforcement or retired law enforcement.

The bulletin also reminds NYPD officers that under the law, “it is class E felony for a person, even if they have a license, to possess a firearm, rifle or shotgun in a ‘sensitive location.’”

Two pages later, the bulletin notes, “Property owners and lessees who want to authorize lawful firearms holders to bring firearms onto the property may post clear and conspicuous signs granting permission. Owners may also give express permission to individual people.”

One other problem revealed in the bulletin says, “As of September 1, 2022, individuals who are licensed to possess or carry a firearm are prohibited from storing a rifle, shotgun or firearm in a vehicle unless the ammunition has been removed and locked in a safe storage box that is not visible from outside the vehicle. A glove compartment does not qualify as a safe storage box. This law applies to all people who are licensed to carry firearms. A violation of this law is a class A misdemeanor.”

The bulletin also notes the New York City Council “is drafting proposed legislation that may impact the guidance provided in this bulletin.”

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Filed Under: 2nd Amendment, Headlines, Politics Tagged With: Concealed carry, New York City

About Dave Workman

Dave Workman is an award-winning career journalist with an expertise in firearms and the outdoors. He is the author of several books dealing with firearms politics. He has a degree in editorial journalism from the University of Washington and is a lifelong Washington resident.

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