A chilling story of "illegal" inter-State concealed gun carry

[Merlin III]

Three and a half years in jail for Ignorance? Give me a break! A nursing student from Tenn goes to the Big Apple to apply for a nursing job and mistakenly brings her concealed weapon. Upon going to the 911 Memorial, which is a no gun zone, she asks a cop if there is a place she can "check" her gun so that she can enter the memorial without violating the law.

So the poor naive lady goes to NY for a job interview and ends up getting a temporary position for 3 1/2 years at Riker's Island Correctional facility (not good). The same is true in Massachusetts. You read about people from out of State going to jail for a mandatory one year term all the time for the crime of ignorance.
Gun-holder busted for honesty at 9/11 memorial — RT

[HueMan]

Stupid is as stupid does! When will folks learn to keep their big mouth SHUT! No sympathy for stupid.

That being said, since we live in a government "permission" world ya got to play the game and its a damn shame law abiding citizens are the disadvantaged ones.

[Merlin III]

Interesting enough, an awful lot of States accept Tenn's CWP and I can see how that can lead one into complacency when traveling around the country. And the lady violated the a major rule IMHO for CW carrying, never voluntarily tell anyone that you are carrying unless it is absolutely necessary.

[FN1910]

I hesitate to call her stupid but ignorant is well within her description. Stories like this are why I advocate some kind of training on laws (If common sense training existed I would add that) be part of CWP requirements. I expect that she has a good knowledge of how to handle the gun and use it but to blissfully walk around NY with it not even thinking about the laws there shows that she lacks a very important part of owning and carrying a gun. Someone that ignorant of the law should not be carrying just like those who can't tell you which end of the barrel the bullet comes out of.

[Merlin III]

I agree FN1910, but we all have lapses in judgment and train of thought from time to time-I know I do. It is just that her's was a major one at the wrong time and in the wrong place. A "Perfect Storm" so to speak. :(

[Phillip Gain]

She broke the law. She will either do the time, or (more than likely) plead down to a lesser charge.

Yes, we all can agree that NYC's laws stink. But ignorance of the law is no excuse. She screwed up by carrying in a jurisdiction where her license wasn't recognized. IT IS HER OWN FAULT. Nothing chilling about that, just sad.

However - if we REALLY want to see some change, so that this kind of crap can't happen, WE NEED TO GET ON OUR SENATORS TO PASS HR 822.

HR 822 may not be a perfect bill, but wtf is? Just about everything that's passed these days is some sort of compromise. I know that, ideally, all the federal, state, and local firearms laws should be deemed unconstitutional, pre-empted by the 2nd Amendment, but that's NOT going to happen any time soon. HR 822 is a step in the right direction.

[Merlin III]

Then there is a legal principle called Jury Nullification-the principle they don't tell you about when you get called for jury duty. From Wikipedia and other sites: Jury nullification is a constitutional doctrine that allows juries to acquit defendants who are technically guilty, but who don’t deserve punishment. When a jury disregards the evidence and acquits an otherwise guilty defendant, it has practiced jury nullification. The jury is saying that the law is unfair, either generally or in this particular case.

Jury Nullification is perfectly legal and has a long history- indeed the framers of the Constitution intended jurors to serve as a check on bad prosecutions and ineffective laws. Northern jurors helped abolish slavery by refusing to convict people "guilty" of helping slaves escape. Nullification was also a factor in ending Prohibition, which locked up people for selling and consuming liquor.

If I was on that jury, I would not convict.

[Treo]

Already being discussed here:

Idiotic Guns Laws Anywhere - They Threaten Us Everywhere

and here:

NY gun charges for ET (East Tenessee) woman.

Just sayin.

[BIGJOHN621]

Well, NY is the home of the mandatory minimum sentence. It started with the Rockefeller Drug Laws and is now for firearms. Possession of an illegal narcotic will get you a ticket and a fine but a handgun will get you 3 years in exotic Club Rikers by the Sea. For this person, there is no plea to a lesser charge. I have a NY carry permit and it would be the same for me if I was caught in NYC since losing my NYC endorsement. (Can no longer prove the "need" they require for renewal. They check every 2 years for renewal) No state preemption in the Sullivan Law. NYC has fewer than 8000 CCW permits issued to Non LEO out of 8MM residents. (Yes, you can get a non LEOSA Permit still if you do not wish to qualify). Pretty poor considering of those 8,000 most will be professional licenses for security, armored car or PI.

NYPD arrests other Non-Police LEO (Marshals, Constables, Correction Officers) with weapons and makes them prove eligibility under LEOSA in court. There is a famous case of a Penn. Constable who was arrested while on duty, with other NYPD officers, serving a warrant as they felt he did not qualify for LEOSA protection.

NY State does not honor the FOPA. They will force you to use it as affirmative defense at trial after arrest and detention. This too has been proven throughout the courts.

The teachings in the police academy are very simple. If a law has been broken, an arrest must be made. Extenuating circumstances or exceptions are to be made by the court of DAs office. Example: if you are robbed and threatened at gunpoint and fire back at your assailant with a legal firearm, expect arrest anyway. Why? Discharge of a firearm is illegal except is authorized areas. The police are instructed not to interpret. That is for the DA and court. You fired, it is against the law, you take a ride. You can explain to the DA why and if he/she declines to prosecute, then you can go free. You still get the pleasure of having to explain an arrest on your record and post bail or sit in jail until they get around to deciding on your case. Everyone goes through the system.

A few rules for traveling with a firearm:

1. Check the laws for where you are traveling.
2. Check the laws for where you are traveling.
3. Check the laws for where you are traveling.

After that, check the laws for where you are traveling.

Some rules for out of towners coming to NYC:

1. Don't bring a gun to NYC.
2. Don't bring a gun to NYC.
3. Don't bring a gun to NYC.

It is a communist police state populated by gun grabbing libertards. NYC is trying hard to unseat California as the home of Western Socialism. It is, however, somewhat better in the Northern and Western counties away from the major cities.

NO, I can't move, but thanks for the suggestion, I hadn't thought of it before. Then again, maybe it is good that the gun laws are so tough here. When the tax bill comes for the privilege of living in this state, it may make some people want to shoot themselves....

[Merlin III]

She broke the law. She will either do the time, or (more than likely) plead down to a lesser charge.

Yes, we all can agree that NYC's laws stink. But ignorance of the law is no excuse. She screwed up by carrying in a jurisdiction where her license wasn't recognized. IT IS HER OWN FAULT. Nothing chilling about that, just sad.

I have to strongly disagree with you. Read Big John's post on NYC. There is no plea bargaining. I know you law and order types only see it one way, but I don't. In reality nothing is black and white except the law and that is F...up.

The lady had absolutely no INTENT of violating the law. She is an outstanding citizen who happens to carry. Now because of an oversight on her part and stupid laws with NO flexibility she will probably do the minimum sentence of 3.5 years and be unable to be licensed as a Registered Nurse for life. This is not justice!