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Wrongful New York Arrest Shows How Carry Licensing Enables Police Misconduct

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A recent story out of New York shows us the true danger of concealed carry licensing, giving bigoted people an excuse to abuse their power. Raffique Khan, a veteran and recipient of a purple heart was having a normal night after retirement enjoying time with a friend. Then NYPD pulled him over, seemingly for no reason, and he did the responsible thing as a permit holder, informing the officer that he had a licensed weapon in his glove box.

According to Khan’s lawyer, the former soldier and Queens resident was pulled over for no reason other than, apparently, being a dark-skinned man driving a nice vehicle. The criminal complaint also gives no probable cause for the initial detention. When police were informed that he had a firearm, everyone was ordered out of the vehicle and all of them were arrested. When police saw his firearm license and military ID card, they asked him how he got them, thinking that they must be fake.

“Maybe he didn’t expect a minority to have credentials like that,” Khan said. “I did not say that to him, but I was saying that to myself. I wanted to still give him the respect he deserves, but even though I’m asking him what is going on he didn’t explain anything to me at all.”

Eventually, his friends were released, but he was charged with failing to follow a license restriction…a restriction that Khan doesn’t have on his permit. “The complaint said Khan can only carry the weapon while at work, but [his attorney Cory] Morris said Khan has no such restrictions on his license.”

Eventually, prosecutors reviewed the case and dismissed it for obvious reasons. With no probable cause — and no crime committed — they had no case.

“To be honest, I’m disappointed,” Khan told the Daily News in an interview. “I never thought I would serve and come home to be treated in this manner. I love my country. I wasn’t born here but what better way to pay your country than to serve. I did it honorably. I could understand if I was arguing or trying to fight, being belligerent — but it was nothing like that.”

Khan has since filed a lawsuit against the department for violating his civil rights. When media attempted to reach out to the NYPD, they said they don’t comment on things related to ongoing litigation and refused to provide any further information. However, the arresting officer has a history of wrongfully questioning people and has faced minor department disciplinary action for that in the past.

It’s easy to brush this off as a mistake in police work and say all’s well because the charges were dropped. But, that’s not how it works in the real world. Khan was fortunate to avoid losing his job and he’ll never get the time back that was wrongfully taken from him. He’s now has been arrested and will have to explain that in future job interviews, as will his cousins who were wrongfully arrested.

Many people have fared far worse after wrongful arrests, such as Jay Lewis in Iowa, who spent 112 days in jail after defending himself and being found not guilty. He lost his job, his house, and his car despite doing nothing wrong. The police can destroy your life with a wrongful arrest and prosecution, even if you’re a model citizen like Khan.

If New York had an enlightened, modern constitutional carry law like most states instead of expensive, bureaucratic shall-issue (thanks, Bruen) concealed carry, there would have been no question as to whether Mr. Khan could carry legally. Absent some proof that he was a felon or an otherwise prohibited person, there would have be no leg for a corrupt, bigoted, lazy, or incompetent cop to stand on and arrest him.

For the sake of the law-abiding innocent citizens everywhere, all states need to adopt constitutional or permitless carry. The abuses and injustices are too numerous to risk doing otherwise.

8 Responses

  1. Tyranny allowed is tyranny deserved and as long as ‘We the People’ allow it regardless of it’s source. Freedom and Liberty will always be it’s victim. Something the Founding Patriots understood and dealt with accordingly. What is the difference between then and now? Beyond the willingness, desire and courage to rid our nation of it’s destructive intent. Comfortable Subjugation or Dangerous Freedom. Regardless of which is chosen. A choice has still been made.

  2. “Absent some proof that he was a felon or an otherwise prohibited person, there would have be no leg for a corrupt, bigoted, lazy, or incompetent cop to stand on and arrest him.”

    I thought there already wasn’t a leg to stand on, yet they arrested him anyway?

    “…he did the responsible thing as a permit holder, informing the officer that he had a licensed weapon in his glove box.”

    I don’t think we should do that unless it’s required by law. That seems to cause more problems. Why do we have to tell them anything?

    He should be able to have this arrest record expunged. Obviously, they should pay for his attorney, etc. I assume they’ll settle.

  3. I hope he gets rich via the lawsuit.
    These cops took action because they could and ‘right and wrong’ had nothing to do with it.

  4. Hopefully everyone in the vehicle files against the nypd and that cop. In federal court if possible.

  5. “When police were informed that he had a firearm, everyone was ordered out of the vehicle and all of them were arrested.”

    How different Florida is compared to NY.

    In Florida, a typical traffic LE interaction is met with bored nonchalance and something like, “If you don’t touch yours, I won’t touch mine…” 😉

    1. That’s right, FDLE doesn’t have access to the concealed carry database. Last time I got pulled over (friend was driving, ran a red light), the deputies asked if we were armed. I answered in the affirmative, said I had a valid CC. They asked me to keep my hands visible, then ran my friends information. Came back a few minutes later and told my friend my honesty saved him getting a ticket.

      1. Obviously if they ask, then tell them, but I wouldn’t offer any information they aren’t seeking. We’ve seen how that has caused problems in the past. I keep my registration and insurance in a visor so I’m not fumbling for it. My license is in my wallet, along with a spare insurance card. I almost always have it all in hand before they can get to my window.

        One time a cop got to me as I was pulling my license out. He saw my carry permit. He asked if I had my piece with me (his words). I said yes. He had backup before he brought me my ticket. I have since hidden my carry permit within my wallet so that doesn’t happen again.

    2. About that way in my area of NY (really aren’t even required to tell them) but NYC is…..well it’s the reason we have Bruen amongst other things.

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