A correction to the Michael Moore story

AE Moores · Post by **AE Moores** » Wed Mar 02, 2005 4:04 am

Even though Michael Moore isn't someone that would appear on my Christmas list, I do feel that some new and true facts about the Michael Moore's Bodyguard story needs to be brought to light.

Below you'll find a letter from Gavin de Becker to the editors of moorewatch.com detailing the facts of what happened that night at JFK airport. B/c of my relationship with Gavin and fellow professionals at his company and the respect for a fellow security professional I feel that this information is worth reading.

Andrew

Dear Moorewatch Editors:

Our firm employs Patrick Burk.

Fox News has now removed the link for this story from their home page; their original story contained several errors (below). We want to be certain you are aware of the appropriate corrections.

I know that Fox News editors must rely upon others when preparing their stories, and I offer with no judgment that their story titled “Michael Moore’s Bodyguard Arrested on Airport Gun Charge” contains several errors, including its entire headline.

Please correct the errors in your story below as soon as possible, because, as you are aware, the errors reach an ever-widening audience with each passing minute - and will predictably be picked up by other news agencies.

Our full-time employee, Patrick Burk, is not “Michael Moore’s bodyguard.” Accordingly, the headline in the Fox News Web site story is false and misleading.

If you believe Patrick Burk was ever assigned to protect Michael Moore, or any number of other public figures, you might accurately report that “A bodyguard who was once assigned to protect Michael Moore...”

You could as accurately say “A bodyguard that was once assigned to protect President Clinton,” because Patrick Burk has also been assigned to protect President Clinton in the past - but you wouldn’t be accurate if you said “President Clinton’s Bodyguard.”

Patrick Burk is not Michael Moore’s bodyguard, nor was he protecting Michael Moore or in any way involved with Michael Moore on Wednesday night, when he (Burk) was checking in at JFK for a flight to Los Angeles.

When checking in for the flight, Patrick Burk voluntarily advised United Airlines that he was transporting an unloaded, locked firearm in his checked luggage, precisely as regulations require, and not “carrying” a weapon, as your story inaccurately reports. Advising the counter ticket agent is a routine procedure for police officers and security professionals. In this case, a Port Authority officer decided to arrest Patrick Burk on the charge that he is not licensed to carry a firearm in New York City.

The Fox web site headline contains an error not present in the story. The headline indicates that Patrick Burk was arrested on an “airport gun charge.” He was not. The charge involves having a firearm without a New York City License to carry it. On that note, Patrick Burk was not carrying a weapon on his person (only locked in his baggage), and the police do not allege that he was carrying a weapon on his person, as your story implies.

Police, security professionals, sportsmen, and citizen gun owners who fly on the Nation’s airlines are legally bound to advise the airlines of firearms in their checked baggage - and the firearms are transported just like any other baggage.

The Fox News story also says Patrick Burk was carrying “an unlicensed firearm.” Please correct that error. Patrick Burk’s firearm is legally registered to Patrick Burk - it is not “unlicensed.” Patrick Burk is licensed to carry a firearm in several States, and a court will determine if any charge is appropriate for Patrick Burk in this matter, which involves New York City.

Though I realize a Michael Moore connection would be of interest to your web site, Patrick Burk is not Michael Moore’s bodyguard, and has never been employed by Michael Moore.

An important note for you is that Patrick Burk is not a public figure and even the smallest inaccurate detail that is widely disseminated could predictably interfere with his ability to pursue his profession. Patrick Burk is a former Marine who served with distinction in an elite and specialized Marine unit, and he protected, among others, then-President Clinton.

Our firm Gavin de Becker and Associates provides protective coverage for public figures and others, and Patrick Burk is a leading professional in his field.

I highlighted in red below the specific errors where they appear in the Fox News story.

Please let me know that you have received this email, and if you need further information or need to reach our firm, please call (redacted), and ask for (redacted).

Sincerely-

Gavin de Becker

MikeK · Post by **MikeK** » Wed Mar 02, 2005 4:58 am

Ouch! Bad move going into NYC with a gun without a NYC license.

http://www.nysrpa.org/nygunlaws.htm

Non-residents:
A non-resident citizen may possess a rifle or shotgun in New York, as long as it is unloaded while being transported. No person may carry, possess or transport a handgun in or through the state unless he has a valid New York license. New York does not issue licenses to non-residents nor does it recognize licenses issued by other states. (A provision of federal law provides a defense to state or local laws which would prohibit the passage of persons with firearms in interstate travel. If a person is traveling from any place where he may lawfully possess and transport a firearm to any other place where he may lawfully possess and transport such firearm and the firearm is unloaded and in the trunk. In vehicles without a trunk, the unloaded firearm shall be in a locked container other than the glove compartment or console. Necessary stops, e.g., gasoline and rest, seem permissible.) A member or coach of an accredited college or university target pistol team may transport a handgun into or through New York to participate in a collegiate, Olympic or target pistol shooting competition provided that the handgun is unloaded and carried in a locked carrying case and the ammunition is carried in a separate locked container. An alien may possess a rifle or shotgun for use while hunting provided he has a valid New York hunting license. "If such (handgun) license is issued to an alien, or to a person not a citizen of and usually a resident in the state, the licensing officer shall state in the license the particular reason for the issuance and the names of the persons certifying to the good character of the applicant." Non-resident target shooters may enter or pass through New York State with handguns for the purposes of any NRA approved competition if the competitor has in his possession a copy of the match program, proof of entry and a pistol license from his state of residence. The handgun must be unloaded and transported in a locked opaque container.

TYPES OF LICENSES

PREMISES LICENSE: IS A RESTRICTED TYPE OF LICENSE. It is issued for your RESIDENCE or BUSINESS. The Licensee may possess a handgun ONLY on the premises of the address indicated on the front of the license. Licensees may also transport their handguns and ammunition in SEPARATE LOCKED CONTAINERS, DIRECTLY to and from an authorized range, or hunting location. HANDGUNS MUST BE UNLOADED WHEN TRANSPORTING.

CARRY BUSINESS LICENSE: Is valid for the business name, address, and handguns listed on the front of the license. It is not transferable to any other person, business, occupation, or address, without the written approval of the commanding officer, license division.

LIMITED CARRY BUSINESS LICENSE: IS A RESTRICTED TYPE OF LICENSE. The licensee may only carry handguns indicated on the license in accordance with the specific limitations listed thereon. At all other times the handgun may be possessed only within the confines of the business address listed on the front of the license.

SPECIAL CARRY LICENSE: Is valid for the business name, address and handguns listed on the front of this license, only while the licensee has in his possession a valid basic county license issued according to the provisions of article 400 of the N.Y.S. Penal law. Upon the revocation, suspension, or cancellation of the basic license, the special license is rendered void and must be immediately returned to the license division.

CARRY GUARD LICENSE: (SECURITY GUARDS, ETC.) Applications for this type of license must be made with the documentation provided by a company's "Gun Custodian." It is issued only for the handgun listed on the license. The handgun may be carried only while the licensee is actively engaged in employment for the company whose name appears on the license, and/or while licensee is in transit directly to or from residence and place of employment. At all other times the handgun must be stored unloaded in a locked container, at either the address on the license, or at the employee's legal residence (within the State of New York).

Bill Glasheen · Post by **Bill Glasheen** » Wed Mar 02, 2005 4:12 pm

Very informative!

Thanks, Andrew! You've always impressed me as a man of character.

Thanks, Mike!

Shame on you, Fox!

And I reserve comment on Patrick Burk until he has his day in court.

- Bill

MikeK · Post by **MikeK** » Wed Mar 02, 2005 4:22 pm

Sloppy work by Fox.
I've amended this.

AE Moores · Post by **AE Moores** » Wed Mar 02, 2005 5:24 pm

I'll have to disagree with you on the sloppy work by Patrick Burk. He was acting according to the NY state and NYC law. Here is a statement from Gavin de Becker and Assoc.

Note also these important points that will help you avoid anything libelous to Patrick Burk, whose livelihood depends in part on your accuracy:
1. Police do not allege that Patrick Burk was carrying a firearm in NYC at any point.
2. Wherever he worked and to whomever Patrick Burk was assigned in recent days, he never carried a firearm in NY City.
3. Most notably for your story, when the Port Authority officer decided to arrest him, Patrick Burk was not working as a bodyguard for anyone, much less Michael Moore.
4. Patrick Burk was traveling through JFK when he legally and appropriately and voluntarily informed the airline that he had a locked gun in his suitcase, just as our personnel and other protectors do hundreds of times every week, according to the law.

MikeK · Post by **MikeK** » Wed Mar 02, 2005 5:45 pm

Andrew, does that mean he had a valid NYS and NYC license to carry?

NYC is real tough with it's gun laws and I'm sure not working as a BG at the time didn't help. Also PA cops are real touchy since they have juristiction over some realistate that terrorists would just love to hit. Technically he was carrying in NYC if he was at JFK, since the airport is located in Jamaica, Queens a burough of NYC. So if he went anywhere in Manhattan, Queens, Staten Island, Brooklyn or the Bronx he was in NYC. It's real easy to make mistakes in NYC and he did the best thing in a bad situation.

AE Moores · Post by **AE Moores** » Wed Mar 02, 2005 5:58 pm

Mike,
No I don't believe he had a licence for either NYC or NYS.

I wont claim to be an expert on gun laws especilly when it pertains to NY and NYC.

What I do know is that Burk was traveling through JFK en route to LA. NYC and NY state laws do permit you to travel with a handgun as long as it is unloaded, locked and in your checked in luggage.

Like Bill said, I'll wait to see the facts that come out in the court instead of relying on our lovely media.

Best,
Andrew

MikeK · Post by **MikeK** » Wed Mar 02, 2005 6:10 pm

Hope it works out for him. Let us know what happens as this could be something that can happen to any gun owner. I wonder if besides the NYS and NYC laws there are also even more restrictive ones for airports.