Tennessee visitor busted NYC! Sheldon Silver about to be ***** Slapped by Bloomberg

[Panheadzz]

Plaque will look good in:

NYC... resist arrest = hospital bed.

NYC... resist with firearm = morgue

[BC1]

IMHO she is still law abiding because the law is illegal. I as a US Citizen am not obligated to obey any unconstitutional law or unlawful orders from Law Enforcement. I have the right to resist any unlawful arrest. It is just the opposite of ignorance of the law, it is knowledge of the law.

Yes, the law is B.S., but...

A recent federal court decision handed down in Sept 2011 found that denial of the right to carry a gun does not violate the second amendment. Judge Cathy Seibel ruled that people do not have a constitutional right to carry a concealed handgun in public. She said current state gun licensing provisions are constututional. You can read the full text of the ruling here --> http://www.ag.ny.gov/media_center/20...20Judgment.pdf. This was not a state decision but rather a federal one, thus any state can deny the right to carry a firearm. "Shall-issue" states are one election away from seeing the right to carry revoked.

The Supreme Court's decison in D.C. v. Heller included wording that the right to "bear arms" did not translate to the right to "carry arms." The court ruled only that individuals have the right to possess firearms at home. Another ruling in McDonald vs. Chicago decided that the Heller decision applied to the states. The Heller decision determined that gun laws may be encated as long as the law did not constitute a complete ban. Requiring a person to secure or disassemble the gun in the home constituted a complete ban as the gun was not readily available for protection in the home. The issue of carrying a firearm was left to lower courts to decide.

Although you are not obligated to follow the law you can be prosecuted by any state for failing to comply with its CCW licensing provisions. Refusing to acknowledge the law due to an opinion that such is illegal does not constitute an affirmative defense.

This is not a NY issue. Any state may charge you with a crime for carrying a firearm without a res license, non-res license or reciprocity provision recognizing your home-state permit. If we carry in TX without a non-res license we're getting arrested.

That being said I agree that this is a rediculous ruling but until the SCOTUS gets the case we'll have to accept it. I believe the plaintiffs in the recent fed case are planning to appeal to the SCOTUS with the assistance of Alan Gupta.

[JimMullinsWVCDL]

The anti-gun politicians in New York are definitely feeling the heat over H.R. 822.

[golocx4]

The constitution only limits the federal govt from infrenging on your rights, the state constitution limits the state govt, and city ord. always get you in the end.

So if NYC passes a city ordnance that says only White people can use the Subway after 6pm, it will be okay. I get it now and I stand corrected.

I know that States can limit carry rules. But in New York you the laws limit simple touching of a handgun without a license or permission from the State.
There is no reason this visitor should spend 3years in a NY State prison.
.

[BC1]

The anti-gun politicians in New York are definitely feeling the heat over H.R. 822.

If I carry a gun in WV I'll be arrested. WV does not recognize my CCW permit. Same difference.

[JimMullinsWVCDL]

If I carry a gun in WV I'll be arrested.

If you carry a concealed handgun on or about your person without a license from a state with which West Virginia has reciprocity, see W.Va. Code §§ 61-7-3, 6, and 6a, maybe.

WV does not recognize my CCW permit.

Nor do most other states, as New York will not honor any other state's permit.

Same difference.

Far from it. New York does not provide any lawful process for nonresidents to lawfully possess--not to mention carry--a handgun. In West Virginia, a license is needed only for concealed carry on or about the person; open carry, carrying on your own property, and the transportation of firearms secured in a manner not readily accessible for immediate use require no license. See W.Va. Code §§ 61-7-3, 6, and 6a. West Virginia has a reciprocity law under which we have full reciprocity with 22 states--including Arizona, Florida, Pennsylvania, North Dakota, Utah, and Virginia, all of which issue nonresident licenses (all but ND and PA can do the entire process by mail). While I would prefer and have advocated for (1) allowing nonresidents to obtain West Virginia licenses, (2) unilaterally reconizing all other state's licenses without the restrictions imposed by West Virginia's current reciprocity law, and (3) Alaska/Arizona/Vermont/Wyoming-style right to carry without a license, current West Virginia law provides a relatively easy process (certainly when compared with New York) for both residents and nonresidents to lawfully carry handguns for self-defense. See W.Va. Code §§ 61-7-3 through 6a. Moreover, assuming a person does carry a concealed handgun without a valid license in West Virginia, the penalty is a misdemeanor for a first offense, W.Va. Code § 61-7-3, and the charge is often dismissed if no other crime was being committed. New York imposes a 3 1/2 year mandatory minimum sentence and prohibits plea bargaining or dismissing the charge in almost all circumstances.

As far as the anti-gun politicians up there are concerned, I do not believe they are going to suddenly start reconizing any other state's carry permits or issue permits to nonresidents. However, the 3 1/2 year mandatory minimum sentence is viewed as an absurdity in most of the rest of the country and its application to permit holders from other states makes a compelling case for H.R. 822. The most I believe they will do in their belated attempt to stop H.R. 822 will be to reduce the penalties for nonresidents licensed to carry by their home states to a misdemeanor but not legalize carrying in New York by nonresidents.

[BC1]

New York does not provide any lawful process for nonresidents to lawfully possess--not to mention carry--a handgun.

Your splitting hairs counselor.

If I enter WV with a concealed handgun, the same as the gal from TN did in NY, I'll be arrested. That's what the focus of this thread is. She entered a state that has no reciprocity with TN, did not posses a license in NY and failed to check the laws. In addition, NYC has their own laws regarding licensing and carry of a handgun and she broke those as well. They do not follow the same provisions of the PL as the rest of the state (PL 400.00). Even an upstate resident knows they can't enter the city with a gun. Right or wrong, ignorance of the law is never a defense.

In NY you may enter the state without a license for purposes of training, education, conservation or a trade show provided you comply with provisions of PL 265.20(14). We regularly provide travel documentation for non-residents who attend training. The documentation has passed the smell test at police stops. Recent development --> Former NY residents are now being allowed to keep their permit when they move out of the state so they may carry when returning to visit. They only need file a change of address.

Regarding NY licensing? NY has a 5-6 month backlog but I've only had two denials in thousands of permits. The myth is that it's dificult. The reality is that NY residents enjoy a freedom that many in "gun-friendly" states don't... such as carry in a bar, restuarant, hospital, church, bank, public transportation, etc.

Admittedly this state has a poor outlook on non-resident carry and that needs to be changed. The reality is that NYC controls the state vote. 19 million state residents, 8 million live in NYC (a 4 X 7 mile island), which is a land of foreigners and liberals. Reciprocity will probably not be allowed statewide because of the NYC-Bloomberg influence at the state assembly.

[hunter won]

Your splitting hairs counselor.

If I enter WV with a concealed handgun, the same as the gal from TN did in NY, I'll be arrested. That's what the focus of this thread is. She entered a state that has no reciprocity with TN, did not posses a license in NY and failed to check the laws. In addition, NYC has their own laws regarding licensing and carry of a handgun and she broke those as well. They do not follow the same provisions of the PL as the rest of the state (PL 400.00). Even an upstate resident knows they can't enter the city with a gun. Right or wrong, ignorance of the law is never a defense.

In NY you may enter the state without a license for purposes of training, education, conservation or a trade show provided you comply with provisions of PL 265.20(14). We regularly provide travel documentation for non-residents who attend training. The documentation has passed the smell test at police stops. Recent development --> Former NY residents are now being allowed to keep their permit when they move out of the state so they may carry when returning to visit. They only need file a change of address.

Regarding NY licensing? NY has a 5-6 month backlog but I've only had two denials in thousands of permits. The myth is that it's dificult. The reality is that NY residents enjoy a freedom that many in "gun-friendly" states don't... such as carry in a bar, restuarant, hospital, church, bank, public transportation, etc.

Admittedly this state has a poor outlook on non-resident carry and that needs to be changed. The reality is that NYC controls the state vote. 19 million state residents, 8 million live in NYC (a 4 X 7 mile island), which is a land of foreigners and liberals. Reciprocity will probably not be allowed statewide because of the NYC-Bloomberg influence at the state assembly.

Which county allows you to keep your NY pistol license when you move?.... NY has restrictions to carry unless LEO or you are issued full carry. I understand that many feel the law is unfair, ,if you do visit a sensitive area like this naive gal did. Expect to be arrested if you have no NY license, Plaxico Buress is an excellent example. Sheldon Silver isn't doing a thing about changing the law for out of state residents. NY does prosecute every non resident caught with a handgun. The Tea party member is another knucklehead that is going to lose there carry license. My opinion is not plea but go to trial. A sympathetic jury may find them not guilty.