Tue. Aug 16th, 2022

NEW YORK – We have a follow-up to exclusive video of a man pulling out his gun inside a subway station.

Police say the passenger is former law enforcement and was defending himself, so he was not charged.

With New York’s gun laws changing, CBS2’s Lisa Rozner found out if soon other passengers could resort to using guns as self-defense too.

In the video, a man on a train is seen yelling “Shoot the gun” at someone on the 77th Street / Lexington Avenue platform. From another angle, you see that person brandish a firearm and point it at him.

The NYPD says it happened just before 1 pm Tuesday and the gun holder is a retired sergeant.

READ MORE: Exclusive video: Man pulls out gun on subway in Manhattan after allegedly being threatened

Police say he called 911 and was defending himself after the man on the train – 24-year-old Mark Alexander, of Medford, Long Island – threatened to harm him, insinuated he had a weapon and followed him. Alexander was arrested, and the retired NYPD sergeant was released from custody after questioning.

“I think it is lucky that the person who used their weapon in this case was trained, did not escalate too unnecessarily. However, when an untrained individual gets scared on the New York City subway, if the first thing they think is, ‘ Let me draw my firearm, ‘we’re going to have a very different subway system in New York, “said Nick Suplina, senior vice president of law and policy for Everytown for Gun Safety.

That could soon be a reality, Suplina says.

Last week, the Supreme Court struck down New York’s gun law which restricted who can carry a concealed weapon and why beyond general self-defense.

“Our hope is that the legislators in Albany will designate places like the subway ‘sensitive places’ to keep guns out of interactions like this, but also to strengthen the permitting process itself,” Suplina said.

A former NYPD lieutenant tells CBS2 the NYPD does review all cases where a firearm is displayed.

“It goes back to the use of a firearm should be a last resort, and that’s something that the NYPD gun permits section imposes upon all members that have acquired a gun permit,” former NYPD lieutenant Darrin Porcher said.

He says a firearm is only to be utilized when a person is in grave danger or serious physical injury and likely to die based on the actions of another, and he expects the pistol permit unit will have even more permits to issue following the Supreme Court ruling .

As for Tuesday’s incident, Alexander is charged with menacing, reckless endangerment and harassment.

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