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
All Flags, No Fix: Michigan’s Real Public Safety Problem

News  

Monday, August 31, 2026

All Flags, No Fix: Michigan’s Real Public Safety Problem

Sorry, Michiganders, but the state has developed a serious problem with crime and consequences.

Commerce Dept. Explains Why Unconstitutional Microstamping is Also Ineffective

News  

Monday, August 31, 2026

Commerce Dept. Explains Why Unconstitutional Microstamping is Also Ineffective

On August 12, the U.S. Department of Commerce’s National Institute of Standards and Technology (NIST) sent a letter to U.S. House Committee on Science, Space and Technology Chairman Brian Babin (R-Texas) reiterating what gun rights ...

Biden-Era “Engaged in the Business” Rule (Again) Ruled Illegal

News  

Monday, August 31, 2026

Biden-Era “Engaged in the Business” Rule (Again) Ruled Illegal

The anti-gun programs and policies of the Biden-Harris administration have been falling like dominoes, lately.

Australia Remains Committed to Eliminating Guns from the Law-Abiding

News  

Monday, August 31, 2026

Australia Remains Committed to Eliminating Guns from the Law-Abiding

It’s been a long time since Australia had relatively sensible gun laws.  While national regulations did not really come into play until the 1990s, the states and territories began imposing severe restrictions on lawful gun owners ...

A New Era of Access for Hunters: Trump DOI Expands Opportunities in Historic Move

News  

Monday, August 31, 2026

A New Era of Access for Hunters: Trump DOI Expands Opportunities in Historic Move

Heading into hunting season, America's sportsmen and women have another significant development from the Trump administration worth celebrating.

NRA-ILA Launches First-Ever National “Gun Bus Battleground Tour” to Mobilize Gun Owners for 2026 Midterms

News  

Monday, August 31, 2026

NRA-ILA Launches First-Ever National “Gun Bus Battleground Tour” to Mobilize Gun Owners for 2026 Midterms

FAIRFAX, Va. — The National Rifle Association Institute for Legislative Action (NRA-ILA) todaylaunched its first-ever national bus tour, the 2026 NRA’s Gun Bus Battleground Tour, a more than two month, 13-state campaign to energize and ...

District Court Enters Final Judgment Striking Down New Mexico’s Waiting Period Law in NRA Victory

Friday, August 28, 2026

District Court Enters Final Judgment Striking Down New Mexico’s Waiting Period Law in NRA Victory

The U.S. District Court for the District of New Mexico granted summary judgment holding New Mexico’s 7-day waiting period law unconstitutional in Ortega v. Grisham—a case brought by the National Rifle Association and Mountain States ...

FBI Releases Final Crime Report for 2025 to the Dismay of Firearm Prohibitionists

News  

Monday, August 24, 2026

FBI Releases Final Crime Report for 2025 to the Dismay of Firearm Prohibitionists

There has been a certain amount of anticipation while the Federal Bureau of Investigations (FBI) analyzed the available crime data for last year. The speculation among many was that the report would be, not just ...

Questions and Answers About the Texas NFA Case

News  

Monday, August 17, 2026

Questions and Answers About the Texas NFA Case

On August 12, we reported on an important development in the ongoing litigation over the National Firearms Act (NFA) filed by multiple plaintiffs in U.S. District Court for the Northern District of Texas. These included, ...

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

Wednesday, August 5, 2026

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

In another major victory for the National Rifle Association and law-abiding gun owners, the U.S. District Court for the Northern District of Texas today held that the National Firearms Act’s registration and approval requirements for ...

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.