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Old 01-16-2012, 05:21 PM
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Default Another out-of-town NYC firearm bust

This time, a Marine. The only good news in this ongoing sage of tourist arrests is that it might bring enough pressure on NY to amend its arcane gun laws.

Marine Arrested For Carrying Indiana-registered Handgun In New York Made 'honest Mistake,' Attorney Says | Fox News
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Old 01-16-2012, 05:42 PM
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Not while Bloomburg is in office.
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Old 01-16-2012, 05:45 PM
DavidGCalderone DavidGCalderone is offline
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Sorry, but you need the know the laws of the places you go. It is no secrect that NY has highly restrictive gun laws. With that said, the law also needs to address a simple mistake instead of an intential act to break the law.
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Old 01-16-2012, 06:59 PM
tripledipper tripledipper is online now
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No mercy shown for ignorance of the law. That "honest mistake" will probably wind up giving him at least a felony record. Anyway, rumors of a large ape on top of the Empire State Building are false. No King Kong here, just King Bloomberg.
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Old 01-16-2012, 08:42 PM
ImprovedModel56Fan ImprovedModel56Fan is offline
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Quote:
Originally Posted by tripledipper View Post
No mercy shown for ignorance of the law. That "honest mistake" will probably wind up giving him at least a felony record. Anyway, rumors of a large ape on top of the Empire State Building are false. No King Kong here, just King Bloomberg.
No mercy should be shown for ignorance of the Constitution, either. Bloomberg belongs in prison. And he's not the only one.
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Old 01-16-2012, 08:54 PM
HOUSTON RICK HOUSTON RICK is offline
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He will wish that he left that gun at home. I would expect there to be an exception for a serving Marine, but it appears that he has mustered out. If he is in a reserve unit there might be a technicality in his favor there. Also, how can the prosecution prove that the gun was in his control prior to trying to check it unless he admitted to as much? As if I needed another reason for staying out of New York.
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Old 01-16-2012, 09:07 PM
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I went to NYC for the first time in my life a few months back. I'm a hillbilly from the Arkansas Ozarks and even I knew to leave my gun(s) at home.
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Old 01-16-2012, 09:17 PM
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Quote:
Originally Posted by mc5aw View Post
This time, a Marine. The only good news in this ongoing sage of tourist arrests is that it might bring enough pressure on NY to amend its arcane gun laws.
Unfortunately thats not very likely!!
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Old 01-16-2012, 09:54 PM
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Kelly Green Kelly Green is offline
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NYC has justified its byzantine gun laws by stating that it’s a privilege to bear arms, not a right. I think that a showdown in the courts is near.

D.C. vs Heller ’08. The Supreme Court recognized the Second Amendment right to own and bear arms. The Court stated that the rules violated the Second Amendment, and rejected the policy arguments that one could justify such a ban because of the dangers associated with handguns.

McDonald vs. Chicago '09. The court’s decision stated that the Second Amendment right is a fundamental individual right.
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Old 01-16-2012, 10:02 PM
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Carrying a RUGER?????????????? Darn. Marines were used to be smarter.
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Old 01-16-2012, 10:10 PM
GatorFarmer GatorFarmer is offline
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It shouldn't matter if someone is ignorant of a local law if that law is blatantly unconstitutional. Constitutional protections don't end where the limits of NYC begin. It's been clearly decided in the United States that a citizen has a right to have a handgun for protection, that this has been expanded to cover the States, and that this is an individual right. That leaves a NYC law against simple possession to be a very dubious prospect.

The governor of Indiana or another state could get points at home by simply refusing extradition to New York - let someone make bail, go home, and then refuse to go back to New York. Would be good press for any governor in a fly over state.

Though I'd still go with impounding cars with New York plates on the grounds that New York plates aren't valid in another state. If NYC can't trust people from elsewhere to be trusted with a gun that is legal in their home state, why assume that anyone from NYC (or possibly the state) has a valid motor vehicle tag and lisc?
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Old 01-16-2012, 10:43 PM
Muley Gil Muley Gil is online now
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"Carrying a RUGER?????????????? Darn. Marines were used to be smarter."

At one time, embassy Marines used Ruger revolvers.
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Old 01-17-2012, 12:54 AM
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Quote:
Originally Posted by HOUSTON RICK View Post
He will wish that he left that gun at home. I would expect there to be an exception for a serving Marine, but it appears that he has mustered out. If he is in a reserve unit there might be a technicality in his favor there. Also, how can the prosecution prove that the gun was in his control prior to trying to check it unless he admitted to as much? As if I needed another reason for staying out of New York.
If the gun was in his possession when he tried to check it, why would "prior to" matter?

Please explain this to me, Rick, I'm just a welder, not a lawyer....
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