2nd Amendment Harassment…NYC Gun Charges Dropped, Now I Can Speak Out!!

[RandysRight]

On December 15, 2011 at approximately 5:15 a.m., I was at LaGuardia International airport preparing to check in for a flight out of the city. During a routine check-in, I requested a firearms declaration form from the ticket agent. It was my intent to declare and check my unloaded firearm.

I purchased this firearm legally, and I have a valid concealed carry permit for it issued in California. The unloaded gun was locked inside a TSA-approved travel case, and the case was locked inside my checked luggage. I carry the firearm for my personal safety, having received numerous threats due to my role in the Tea Party Patriots. I have checked this firearm at airports dozens of times before, all across the country.

As I traveled through LaGuardia that morning, I passed TSA signs telling me I had the right to check this unloaded firearm in my luggage, and that I am required by law to declare the firearm to the ticketing agent. This is exactly what I did.

The ticketing agent provided me with the declaration form, and I signed it and returned it to her. She advised me that she would need to call Port Authority police to inspect. This is not unusual when traveling with a firearm. Procedures vary from airport to airport, from airline to airline, and even from day to day, and as a law-abiding citizen, I have always been happy to cooperate.

Unfortunately, that day, I didn’t realize that I was about to cross paths with New York City’s anti-Second Amendment stance. Upon showing my case and the weapon to the officer who arrived on the scene, and after a few brief questions, she advised me that she was placing me under arrest for violating New York City’s firearms laws.

To say that I was stunned would be an understatement. I am from a law enforcement family. My mother is a retired correctional officer, and I have spent my life around folks from the law enforcement community. I have always considered myself a law-abiding citizen. I have never been arrested before. I have never been in police custody. I can never say those things again. On December 15th, 2011, I was arrested, handcuffed at the ticket counter, and taken to a waiting squad car for transport to the Port Authority Police station at LaGuardia.

I was subsequently transferred, in handcuffs, to the Queens Central booking facility in New York City. I was charged with felony possession of a firearm with intent to do harm. I spent the day in Queens…in jail.

It was a nightmare that I can scarcely describe to you. Until you have felt the handcuffs on your wrists, and until you have heard that cell door close behind you, it is impossible to understand what it means to actually lose your liberty. And since that day, my liberty has been at stake, and because of that threat, based upon the advice of counsel, I’ve been unable to publicly speak about this case. Today the silence ends.

I am pleased to announce that the criminal case against me has been dropped. Although I was originally charged with a violent felony, the case against me was resolved with a plea to “disorderly conduct. ” Disorderly Conduct is not a felony or a misdemeanor, or even a crime. The facts underlying my plea are that I declared a legally purchased, properly licensed and unloaded firearm at an airport counter. Apparently, much to my surprise, in New York City, it is considered “disorderly conduct” to exercise your constitutionally guaranteed, Second Amendment rights.

Strangely, now that the case against me is over, the authorities refuse to return my firearm. There is no law that allows them to confiscate a weapon in this manner. They simply say “no” when you ask for your weapon back. This is apparently their “policy.” It is done regularly in New York. This is government robbery. Not only is New York City anti-Second Amendment rights, but they are depriving citizens of their legally owned property. My lawyer has advised me that I can attempt to pursue the return of my firearm, but that to do so would cost me more than the firearm is worth. I am not alone in facing this tyranny. It has happened to hundreds of people in the New York metro area. My lawyer, Brian Stapleton, has handled over 400 of these cases himself, so he is an expert on the subject.

While the end of this case is the end of a horrible nightmare for my family and I, it is not the end of this fight. It is just the beginning. Since the original incident, I have received more emails, phone calls, texts and tweets of support than you can possibly imagine. To those people, I want to say heart-felt thanks on behalf of my entire family. We have come to know that we are not alone in this particular fight. Apparently, this happens to hundreds of people per year in New York City. And New York City is not alone in its attack on our rights. This sort of Constitutional abuse, Second Amendment and otherwise, is taking place all over the nation. And we as citizens must stand against it. We must protect our rights, or we will lose them.

Many of you know me as someone who is willing to stand and fight for self-governance in this country. I’m no politician, and I’m not from a powerful or connected family. I’m an average American citizen. And I stand shoulder to shoulder with millions of other Americans who, despite enormous obstacles, and despite the politicians and ruling elite who oppose us, intend to return this country to the bounds of the United States Constitution.

The politicians and ruling elite will try, but we must not let them label us Democrat or Republican, conservative or liberal. We cannot let them make us fight against each other. Too much is at stake. We the People are losing our sovereignty to the government. We the People, must stand and fight for our inalienable rights.

I’m not alone in this fight. There are so many laws, that no one can possibly know or understand them. We are all affected. From the inner city to the farm, from the heartland of America to the coasts, people are under pressure from a government that no longer serves them. From my home in California, to the farmland of Kansas… from the small towns of South Carolina to the metropolis of New York, every year the legislatures pass thousands of laws and regulations that do not serve the people.

The legislators don’t read the bills they pass, and even if they did, they couldn’t understand them. Our criminal justice system is terribly broken, and no longer serves the people and the communities it was intended to serve. Our regulatory system is broken; small businesses and the communities that rely on them crushed under the weight of unnecessary regulation.

We are, step by step, destroying the heart of America. And we are doing so because we are not governing ourselves according to the Constitution. It’s up to us…the People.

It’s time to stand for self-governance. It is time to stand for the plain meaning of the Constitution. Every word of the Constitution is important, and we must fight for them all. We must fight for every inch of this country, from the inner city to the smallest rural town. We are, all of us, first and foremost, American citizens. We’ve always governed ourselves…and we always intend to. And we’ve always been willing to stand when freedom is at stake. It is time to stand…time for all of us, every race, every religion, every gender, every American to stand up and fight for liberty and take responsibility for governing ourselves.

No one should ever have to go through what my family has been through, simply for exercising a fundamental right, specifically enumerated in the United States Constitution. I am committed to making sure no one does. And I’m willing to work with anyone…anyone, who agrees that it’s time for the people to govern themselves once again.

Will we as citizens fight for our inalienable right to govern ourselves, or will we quietly allow ourselves to be “governed” into submission by a ruling elite, disconnected from our citizens and our communities? Only history will tell, but I intend to fight.

(Note: Every law enforcement officer I dealt with through the process was polite and professional. They are not to blame for NYC’s unconstitutional or tyrannical behavior. From my experience, they seem to be good people, just doing a difficult job.)



NYC Gun Charges Dropped. Now I Can Speak Out. | Across the Fence with Mark Meckler

[Military Man]

I amnot anattorney, but I see a 5th ammendant problem. You are required by federal law to tell the airlines that you have a weapon in your checked luggage. You are basicaly admitting that you may be breaking the law.
For instance several years ago, several states started taxing drug dealers. They had in the law that their complying could not be used against them. NYC is basicly arreasting you after you are complying with the required federal law.

[CharonPDX]

As someone who has, at various times in my life, called myself a conservative Republican and at others a liberal Democrat - but always a supporter of gun rights - I thank you for making the statement that this issue transcends ideology and party politics. I may not agree with the path the Tea Party Patriots movement has gone down, but I do respect its beginnings, and your part in that.

I'm disappointed that the circumstances exist to make you go through what you did. In the end, I'm glad you got out of it without jail time or severe consequence, and hope this situation doesn't continue for much longer!

[BigSlick]

Sorry for your troubles and I hope you get your gun back. I have traveled to NY on business in the past and I will never ever go back. The whole time I was there I kept thinking about that movie "Escape from New York". Once was enough for me. California may be anti 2A but at least they don't steal your gun and file bogus charges against you.

[Hammerhead]

That's one big bite of an ugly sh** sandwich. Glad you got out of it with minor damage. Sucks hard that they won't give you back your legally owned property. Are you going to fight that?

[BIGJOHN621]

Not only has the tyranny made a victim of you, your situation will be applauded as "Another illegal gun off the street!". We have no liberty. If the ruling powers were in power in yesteryear, we would still be an English Colony and the French would be speaking German right now!

[CharonPDX]

Oh, now that I look closer, I see that the OP is *NOT* Mark, but Randy quoting verbatim Mark's post on his website.

Well, good writeup from Mark. (I was going to be pleasantly surprised that Mark was a member here.)

[BC1]

The worst part is that it cost you mental anguish and probably a fat legal bill. Knowing NYC as I do, your gun will probably get sold by the PD. Fed law is supposed to provide a valid defense when carrying uninterrupted from anywhere to anywhere we can legally carry. NYC will not accept this. Michael Bloomberg is no better than the ATF when it comes to circumventing the law to his own liking. When he ran his term limit he changed the law allowing him to run again. He continued to entrap gun dealers in otehr states via illegal investigations until VA passed a law specifically to stop him. The people of NYC are overwhelmingly anti-gun. Those of us who live in upstate NY can't enter that city with a gun either and the city controls the state vote. We have zero chance of changing this since it's a liberal concave screaming for gun control like a cacophony of hysterical bellowing bovine.

To give you an example of what we're up against, living 60 miles from the city we have a lot of transplants. Many of us shoot on our own property and are within the law. A new family moved from NYC to my road. As the woman was unpacking she heard gun shots. looking down through the woods she saw my neighbor shooting his handgun. Within minutes several LEO appeared and drew down on him. They soon established he was a licensed gun owner shooting on his own property. They apologized and we were all asked to call the PD when we're going to shoot so they don't respond to any calls. They now had to deal with this hysterical lady. She was advised that she isn't in NYC anymore. She moved to gun country and at hunting season she would be hearing a lot of gunfire. She was livid. She spit anti-gun venom at the LEO saying we're all nuts and should be locked up. Her house was burglarized in late 2011. Her husband has now contacted me to get a CCW permit. Funny... one good robbery converted the husband. She remains anti-gun.

[nogods]

Her husband has now contacted me to get a CCW permit. Funny... one good robbery converted the husband. She remains anti-gun.

That's going to be a difficult situation for her husband....maybe she'll move back to the city.

[bojeffnc]

Guys you have to understand its in a liberal's DNA that will not let them understand logic