How can I legally carry a handgun in a gun-free zone in New York City?

New York City's gun laws are known for their strictness, particularly regarding the prohibition of carrying firearms on public transportation such as subways and buses, as well as in specially designated sensitive areas. However, whether carrying an incomplete firearm or one missing key parts constitutes a criminal offense remains a legal gray area. This article will use the criminal case of New York City Council Member Inna Vernikov as an example to explore the legal consequences and potential impact of carrying disassembled firearm parts in gun-prohibited areas.

On October 13, 2023, New York City Councilwoman Inna Vernikov was found carrying a firearm at a protest rally. The following day, New York City police arrested her at her home and confiscated her firearms license and a handgun registered in her name. Under New York State law, carrying a firearm without a license in public places such as protest rallies is a Class E felony. However, upon examining the firearms she surrendered, police discovered...

Vernikov's gun was missing a crucial spring component, causing it to malfunction.

(Photos taken outside the rally show the female city councilor wearing a gun on her waist.)

Because the gun was unable to fire due to the lack of a spring, it did not pose a direct threat to public safety. Ultimately, Inna Vernikov's lawyer, Ali Najmi, successfully defended her, forcing the prosecution to drop the criminal charges against her. This incident sparked widespread attention and discussion, particularly regarding the legal status of the disassembled gun parts. While we cannot confirm whether Vernikov consulted with her lawyer Najmi before her arrest, there is no doubt that Ali Najmi's strategy was clever and effective.

Under New York State law, carrying a functional firearm in a gun-prohibited area is a crime. However, the law does not explicitly address incomplete or malfunctioning firearms. This means that if a firearm is missing key components ( such as a spring ), it may not be legally considered a "firearm" and therefore not constitute a crime.

(The four main parts of a disassembled Glock semi-automatic pistol)

Inna Vernikov's case is a prime example of this legal ambiguity. Although she carried a non-functional gun, she escaped punishment because the gun did not pose an immediate threat. New York prosecutors also recognized that if the case were taken to criminal court, the lack of clear legal provisions would make conviction difficult.

Vernikov's case exposes a potential loophole in New York City's gun laws regarding the handling of firearms that malfunction after disassembly. With this case coming to light, legal experts and legislators may re-examine current laws and consider whether clearer regulations are needed for such situations.

(New York City Police Department installs gun detection technology in subway system)

In summary, Inna Vernikov's case reveals the legal gray area surrounding the possession of disassembled gun parts. Current laws clearly regulate the possession of complete firearms, but there is ambiguity regarding incomplete or malfunctioning firearms. In other words, while an inexperienced young police officer might arrest you for carrying a disassembled pistol on the subway, bus, or other gun-restricted areas, the prosecution is likely to choose not to prosecute. In fact, such a wrongful arrest could even result in civil damages from the city of New York.