When police confronted Vernikov for having a gun in her waistband, they did not arrest her or confiscate the firearm. That came later when investigators removed it from her home.
Turns out, it was inoperable.
Attorney Arthur Aidala told reporters after her arraignment earlier this month that prosecutors must determine whether the weapon was indeed a firearm as defined by state law. He said by her January court date they should have a ballistics report “telling us whether it’s worked.”
Now a Brooklyn District Attorney’s Office representative announced that the felony charge will soon go away.
When authorities tested the firearm a few weeks after it was confiscated, they determined it was missing a key component. The recoil spring assembly was gone, rendering the handgun useless.
The spokesperson said that because of this, prosecutors had to drop the charge. It was the first time the specific charge, which is new under a state law recently enacted, had been brought against a citizen in Kings County.
Brooklyn District Attorney Eric Gonzalez asserted that bringing a weapon to a protest is “illegal and creates an unacceptable risk of harm that has no place in our city.” However, it is up to the authorities to demonstrate that the firearm is capable of actually firing.
“Absent such proof, we have no choice but to dismiss these charges.”
The Jewish council member said she is “pleased” that the case is now behind her.
Vernikov faced calls from anti-gun forces on the NYC council to remove her from office over her alleged infraction. There will unquestionably be a case that challenges the new law, but that day in court will have to wait.
