Police say the Fahrenheit 9/11 filmmaker was not with protector Patrick Burk, 34, at the time of his arrest on Wednesday.
Burk was picked up when he handed over a black .40-caliber Mauser pistol while checking in to fly back to his hometown of Los Angeles.
According to police, Burk, who is currently awaiting arraignment, has a license to carry the firearm in California and Florida, but not in New York.
It's thought the bodyguard, who faces up to 15 years in prison, arrived in New York with Moore on Jan. 11.
Buck works for private security company Gavin De Becker & Associates. A spokesman refused to comment on whether he has been protecting Moore.
However, the security firm's boss Michael LaFever says, "Patrick Burk is licensed to carry a firearm in several states and a court will determine if any charge is appropriate in this matter."
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