Pistols Mounted To Flagpoles On Cars - Is It Legal? Defensive Driving To Extreme?

While coming off the exit ramp of I-84 into Beacon from Poughkeepsie, a 12 year old child and their mother were behind a black Chevy Silverado pickup truck with two billowing flags mounted in its bed: one traditional American flag with stars and stripes; and the other a black combo 2nd Amendment/”Don’t Treat On Me” statement flag with a white rifle in the middle as its logo. On the back window, there was a sticker decal of a dog pooping on something, and bumper sticker saying “Fuck Communists.” Mounted atop the flag pole with the 2nd Amendment/“Don’t Tread On Me” flag was pistol hand gun.

By this day, 10 Black people had already been shot and killed by an 18-year old White teenager on a mission to kill Black people in Buffalo, NY, and 19 children and two teachers had been shot to death at an elementary school in Uvalde, Texas by an 18-year old Hispanic teenager who had been regularly bullied by family and friends.

Back in Beacon, the 12 year old child in the car on the I-84 ramp looked at the pistol mounted atop the flag pole and asked the mother driving the car: “Can he do that? Can he have a gun up there?” The child had already done numerous lock-down drills in school, and the Beacon City School District had dedicated a Board of Education Meeting to informing the people about safety measures they have been making after numerous school and public places shootings.

Not sure on the legality of the gun, an inquiry was made by ALBB to the Beacon Police and the City Administrator Chris White. This City Administrator has instructed all City department heads to not respond to questions from A Little Beacon Blog without his permission based on an earlier article.

The black Chevy Silverado pickup truck with the American flag on the left, and the black rifle flag on the right, with the pistol mounted atop the rifle flag pole. This taken on the west-bound exit ramp of I-84 getting off to turn left for Beacon.

Thankfully, the police officer, Lt. Figlia, responded: “This is an interesting question and the City Administrator asked that I address it. The law prohibits the carrying of a handgun without a permit and New York does not issue permits for the open carry of a handgun. I would say, therefore, that if this were a real, functioning handgun, then it would be a violation of the law and also extremely irresponsible. On the other hand, if it is a replica handgun, which I very much hope that it is, then it would not be illegal.”

This was two weeks ago, before the decision this past week when the Supreme Court handed down a 6-3 ruling that struck down New York’s law pertaining to carrying a gun in public.

According to SCOTUS Blog: “The state law at the heart of New York State Rifle & Pistol Association v. Bruen required anyone who wants to carry a concealed handgun outside the home to show ‘proper cause’ for the license. New York courts interpreted that phrase to require applicants to show more than a general desire to protect themselves or their property. Instead, applicants must demonstrate a special need for self-defense – for example, a pattern of physical threats. Several other states, including California, Hawaii, Maryland, Massachusetts, and New Jersey, impose similar restrictions, as do many cities.”

Justice Clarence Thomas led the ruling striking down New York’s law, and wrote that “the Second Amendment’s guarantee of the right ‘to keep and bear arms’ protects a broad right to carry a handgun outside the home for self-defense.”

Further, according to SCOTUS Blog: “Thomas rebuffed New York’s effort to justify its proper-cause requirement as an effort to regulate guns in ‘sensitive places’ – specifically, crowded urban areas, like Manhattan, where people are likely to gather. Thomas agreed that, as a historical matter, there have long been laws restricting guns in places like courthouses and polling places. Moreover, he continued, restrictions that apply to the modern versions of ‘sensitive places’ may also pass constitutional muster. Although Thomas left open exactly what might qualify as a ‘sensitive place,’ he made clear that urban areas do not meet that definition. The state’s ‘argument would in effect exempt cities from the Second Amendment and would eviscerate the general right to publicly carry arms for self-defense,’ Thomas concluded.”

According to CNBC, New York Gov. Kathy Hochul said, “This decision isn’t just reckless, it’s reprehensible.”

Hochul said that because “the federal government will not have sweeping laws to protect us ... our states and our governors have a moral responsibility to do what we can and have laws that protect our citizens because of what is going on — the insanity of the gun culture that has possessed everyone all the way up to the Supreme Court.”

New York City Mayor Eric Adams said: “This decision has made every single one of us less safe from gun violence.”

President Joe Biden said he was “deeply disappointed” in the ruling, which he said, “contradicts both common sense and the Constitution, and should deeply trouble us all.”

Not sure how the Supreme Court’s new decision impacts Lt. Figlia’s answer for the truck here in the Hudson Valley region.

Where Did This Legal Case Come From?

According to CNBC, “the case was brought by the New York State Rifle & Pistol Association and two of its members, Robert Nash and Brandon Koch, whose applications for concealed-carry handgun licenses for self-defense purposes were rejected. New York Supreme Court Justice Richard McNally ruled that neither man had shown proper cause to carry guns in public because they failed to demonstrate that they had a special need for self-protection.”

According to the NPR Legal Correspondent, Nina Totenberg, this Supreme Court is looking for cases it can make national changes on. This observation was supported by this reporting in CNBC regarding this gun law: “After a federal judge in New York dismissed the case, the U.S. 2nd Circuit Court of Appeals affirmed that judgment. The U.S. Supreme Court then took the case.”

As for this truck pulling into Beacon: it was spotted again headed south on 9D on Juneteenth afternoon, which was June 19, 2022. The truck pulled into Buffalo Wild Wings and parked alongside the resteraunt. A White man with a close clipped brown beard in a long sleeved cotton jersey walked around the truck, checked the 2nd Amendment flag pole with the pistol mounted on top, and went about his day.

Had the driver of this truck been a Black man, or an Arab man, or a Hispanic man, or an Indian man, or an Asian man, would the vehicle still be out on the road?