Marine faces 15 years behind bars for unknowingly violating gun law

Discussion in 'Gun Control' started by Naruto, Jan 3, 2012.

  1. Naruto

    Naruto Well-Known Member

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    Ryan Jerome was enjoying his first trip to New York City on business when the former Marine Corps gunner walked up to a security officer at the Empire State Building and asked where he should check his gun.

    That was when Jerome’s nightmare began. The security officer called police and Jerome spent the next two days in jail.

    The 28-year-old with no criminal history now faces a mandatory minimum sentence of three and a half years in prison. If convicted, his sentence could be as high as fifteen years.

    http://dailycaller.com/2012/01/03/m...ehind-bars-for-unknowingly-violating-gun-law/

    New York residents need another 911 to remind them they live in America. What a cesspool of a city.
     
  2. The Mello Guy

    The Mello Guy Well-Known Member

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    I wonder if the dailycaller gave similiar sympathetic coverage to Plaxico burress?
     
  3. RP12

    RP12 Well-Known Member

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    You mean the guy that shot himself in a club? So you are equating trying to check in your gun to actually firing a gun in a crowded club?
     
  4. The Mello Guy

    The Mello Guy Well-Known Member

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  5. The Mello Guy

    The Mello Guy Well-Known Member

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    he wasnt charged with shooting himself on accident

    Bloomberg also urged that Burress be prosecuted to the fullest extent, saying that any punishment short of the minimum 3½ years for unlawful carrying of a handgun would be "a mockery of the law."[19][20] Burress had an expired (concealed carry (CCW)) license from Florida, but no New York license.
     
  6. RP12

    RP12 Well-Known Member

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    The marine has a current license. Plaxico didnt. The marine didnt fire his weapon. Plax did.
     
  7. leftlegmoderate

    leftlegmoderate New Member

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    Three and a half year minimum in prison? That's ridiculous.
     
  8. Clint Torres

    Clint Torres New Member

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    He is lucky he is not in Las Vegas, they would have killed him if he reached for it.
     
  9. Serfin' USA

    Serfin' USA Well-Known Member

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    In NYC, only the criminals are supposed to have guns. I hear Chicago is much of the same.
     
  10. The XL

    The XL Well-Known Member

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    This is ridiculous.
     
  11. The Mello Guy

    The Mello Guy Well-Known Member

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    Jerome has a valid concealed carry permit in Indiana and visited New York believing that it was legal to bring his firearm

    he had one from indiana, Plax had one from Florida.
     
  12. Bondo

    Bondo Well-Known Member

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    Ayuh,... Criminals, Cops, 'n retired Cops....
     
  13. Naruto

    Naruto Well-Known Member

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    They just arrested a Tennessee nurse a few days ago for the same thing as well as a California Tea Party Leader earlier in the month. Why on earth would anyone ever want to go to New York and become a slave to the city.

    Here is another good one from Newark, NJ.

    Unexpected Flight Delay => Hotel Stay => Criminal Prosecution for Gun Possession

    An unfortunate story, detailed in Revell v. Port Authority (3d Cir. 2010): Gregg C. Revell was flying from Salt Lake City to Allentown, Pennsylvania, via Minneapolis and Newark. He had an unloaded gun legally checked in his luggage, which was supposed to meet him at Allentown.

    Supposed to. In fact, the flight to Newark was late, so Revell missed his connection. He booked himself on the next flight, but the airline changed those plans. He was supposed to get on a bus, but his luggage didn’t get on the bus with him. He found the luggage, but the bus had left, so he had to stay overnight at the hotel, with his luggage.

    Aha! That’s where the crime came in. The Firearms Owners’ Protection Act protected Revell on the plane, and would have protected him on the bus. But the moment the luggage came into his hands or otherwise became “readily accessible” to him outside a car — here, when he got the luggage to go to the hotel, but it would have also happened if he had gotten the luggage to put it into the trunk of a rental car — he violated New Jersey law, which requires a permit to possess a handgun (and which bans the hollow-point ammunition that Revell also had in a separate locked container in his luggage). Revell was arrested when he checked in with the luggage at Newark Airport, and said (as he was supposed to) that he had an unloaded gun in a locked case in his luggage; he then spent four days in jail until he was released on bail. Eventually the New Jersey prosecutor dropped the charges against him, but Revell didn’t get the gun and his other property back until almost three years later.

    Revell sued, and lost; the Third Circuit concluded that once he took the luggage in hand in New Jersey, it became “readily accessible,” and the FOPA immunity was lost. And this is indeed a sensible reading of the statutory text:

    Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

    So what do you if this happens to you?

    Stranded gun owners like Revell have the option of going to law enforcement representatives at an airport or to airport personnel before they retrieve their luggage. The careful owner will do so and explain his situation, requesting that his firearm and ammunition be held for him overnight.[18]

    [Footnote 18:] Of course, this suggestion leaves unanswered the question of what the gun owner should do if the law enforcement officers decline to assist him. It may be hoped, however, that officers will not compound a blameless owner’s problems in that way.

    Hope does spring eternal, but I suspect that airport police and airport staff aren’t going to be willing to hold people’s luggage for them overnight, especially when it contains a gun. And of course the airport police or staff would then have to personally check in the luggage for the owner, since the owner can’t take it in hand without losing the FOPA immunity.

    So watch out when you travel with your gun in checked luggage. If your flight gets routed to a different city, or you have to stay overnight at one of the stops, you could be arrested. Or if you drive across country but your car breaks down, and you need to move the luggage to another car, you could likewise be violating the law (though you’d be less likely to be caught, since you have no obligation declare your gun when you switch cars the way you do when you get on a plane). FOPA gives you a good deal of protection on your travels — but, as Mr. Revell learned, not complete protection.

    http://volokh.com/2010/03/30/unexpe...stay-criminal-prosecution-for-gun-possession/
     
  14. Whaler17

    Whaler17 Well-Known Member

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    Maybe he will be the hero who gets that unconstitutional ban overturned!!!!:winner:
     
  15. Whaler17

    Whaler17 Well-Known Member

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    For doing the exect same thing that moron did? Seriously? Is that what you are trying to say? Did he fire the gun?
     
  16. The Mello Guy

    The Mello Guy Well-Known Member

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    The 2nd protects my right to have a concealed weapon?
     
  17. Whaler17

    Whaler17 Well-Known Member

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    This is apparently how the lefty moon bats want it!
     
  18. The Mello Guy

    The Mello Guy Well-Known Member

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    No, the cops took it before he could. The accidental shooting part aside their crime was the same regarding having a gun
     
  19. Whaler17

    Whaler17 Well-Known Member

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    Where does the constitution say you cannot conceal your arms?
     
  20. HB Surfer

    HB Surfer Well-Known Member Past Donor

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    Bull Crap... My 70 year old father carries in Las Vegas as it has excellent conceal carry laws in Nevada.
     
  21. HB Surfer

    HB Surfer Well-Known Member Past Donor

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    In fact it says... SHALL MAKE NO LAW.... So your argument Whaler is even stronger.

    In California they recently outlawed OPEN CARRY... so now we have no 2nd Amendment Rights. I am hoping someone steps up soon to challenge the Liberal Democrat ideal crushing our Constitutional Rights.
     
    Trinnity and (deleted member) like this.
  22. Whaler17

    Whaler17 Well-Known Member

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    Did you even read the article? HE HANDED IT TO THEM!!!
    They didn't take shiite away from any body.
     
  23. The Mello Guy

    The Mello Guy Well-Known Member

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    Im guessing on the page where it says retards, felons and crazy people cant have arms....
     
  24. The Mello Guy

    The Mello Guy Well-Known Member

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    lol he handed it to them, they kept it and put him in jail.

    ok, they didnt take it away, im sure he got to keep it in his cell lol
     
  25. The Mello Guy

    The Mello Guy Well-Known Member

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    shall make no law...

    except for laws banning advanced weaponry (a grenade isnt an arm)

    and except for laws banning felons, retards and the insane.
     

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