Doesn't The Gun Owner Bear At Least Some Responsibility?

[Fitch]

You are not wrong. The ones committing the crime should be held responsible despite not knowing. If the person who doesn't think the law is just is arrested, that person can always challenge the law in court, through the legislature, and in the court of public opinion.

Every person I teach in my class is told although this is the law it doesn't mean the law will always be the same forever.

What bothers me is that the punishment way overshadows the crime. There was no intent to break the law but the young nurse in one of the stories is facing a felony conviction and 3.5 years in jail for making a mistake but with out any intent to commit a crime. What she should have done, in hindsight, when she realized her mistake was go back to where ever she was staying, hide the gun, do her tourist thing, hide it in her suitcase, and get out of NY. Of course all that would have been illegal, but at least she wouldn't be in the mess she is in now.

The gun laws in this country, and especially in NY, are intentionally obtuse and difficult to deal with. I defy anyone of us on here to travel across the country with legal permits for the gun being packed in every state visited with out breaking a law. It's darn near impossible. Read the rules all you want, you will screw up someplace. If that happens, despite your best intentions, do you think you should go to jail for 3.5 years, be convicted of a felony, and never ever be able to buy or carry a gun again?

I don't. And I don't think she deserves it either. Misdemeanor, fine, probably, but not 3.5 years and a felony conviction when she had no intent to commit a crime. Mens Rey is missing from nearly all the gun laws and it shouldn't be. It's missing from most new federal laws and it shouldn't be. There are too many laws for anybody to keep track of them. There are now over 4,500 federal crimes one can be convicted of. I bet every one of us has violated one or the other and didn't even know it.

Congress is made up of lawyers. The federal laws are written as a jobs program for lawyers. Makes me ill just thinking about it. The reason malpractice laws aren't revised to make sense? The American Trial Lawyers Lobby is against it.

Was it her responsibility? Yes. Does the punishment fit the crime? Absolutely not.

Fitch

[xdmgator]

Well I'm sorry but carrying a firearm and being a CWP holder is a huge responsibility dadgumit if you aren't smart enough to know the laws or your not smart enough to remember you have your weapon on you then I don't want you carrying anyway. Lots of basics were taught to us in our class and reciprocity was a huge one ... That all being said I also agree the punishment doesn't fit the crime.

[FN1910]

I agree that the punishment does not fit the crime and lots of NY gun laws are out of line. However right now they are the law and knowing the laws is just as much part of the responsibility of carrying a gun as knowing how to shoot it. I may be in the minority but I don't care if you can hit the 10 ring at 50 yards with one hand tied behind your back while running at full speed if you don't know the laws and rules of safety you are not better off than the person that can't pull the trigger without closing their eyes and turning their head away.

On the topic of H. 822 if it should pass I will guarantee there is going to be a lot of people caught up in similar traps as the ones brought up by the OP. Remember that if H.822 passes you will still be required to obey the laws of the state you are in there may be some laws very different than your home state. For those running around making assumptions and getting the majority of their information on gun laws from Hollywood or their buddies at the local watering hole they may very well be in for a rude awakening. It may be a dumb law but it is still a law that can and will be enforced.

[mdkoh]

What I'm trying to figure out is this, if weapons are illegal in New York City venues, then why was there a need to post a no firearms sign? Everyone should have been unarmed, right? I know they have permit holders, allbeit very few, but again the City doesn't even trust their own permit holders, let alone someone from out of State.

I agree the punishment does not fit the crime. Good people who make a mistake and then in the aftermath become convicted felons because of an inflexible system that pays no regard to a citizens good character. It would be a different story if this was a homeboy with multiple convictions for assault, drug dealing or other various crimes. These people by all other accounts are law abiding and of good conduct. Lets hope they cut them a break.