Update: 3/21: ABC57 says the Indiana jewelry dealer will not be charged with a felony. He faces a misdemeanor charge, 10 days of community service and a $1000 fine.
Original Story 3/18: You are not allowed to have a gun in New York City though we have gun battles in the city all the time because the criminals still have them.Original Story: 3/18: Everything that the NRA and Gun Association of America fear has already happened in New York City and no one has taken these cases to the Supreme Court as New York City officials arrest innocent tourists, often throwing them in jail for years on a violent felony charge of carrying a gun licensed in another state.
Tourists who are licensed to carry in their home state, come to New York with the gun and are unaware of the law since the law is not made clear, particularly at airlines, where the airlines share federal rules but not the unconstitutional New York laws.
People, no matter how innocent, all face the same stiff prison sentences and there is no legal defense allowed. They have to pray for a reasonable prosecutor.
New York’s law is even more ridiculous when it comes to finding a gun in a car. To avoid having to figure out whose gun it is, the police merely arrest everyone in the car for gun possession and send them all to the hoosegow.
There is a little thing called the presumption of innocence or the requirement for proof beyond a reasonable doubt. However, the ingenious legislators found a way around that. Instead of saying the presumption was mandatory, they say it was permissive. Apparently, that is all it takes to get around the constitution and a person’s inalienable rights.
There are many cases to support this. NYC makes it a felony to carry a gun even if it is registered elsewhere. In February, a former Marine was arrested and is facing some serious jail time for checking his Indiana-registered handgun at the Empire State Building.
He turned down a plea deal because he does not believe he should be saddled with a criminal record for an innocent mistake. He served his country in Iraq.
He is currently a jeweler and was carrying $15,000 in jewelry to a refinery on Long Island. Before his trip, Jerome checked online with his phone to see whether his Indiana carry permit was reciprocal with New York, but a cellphone glitch confused him, his attorney said.
He is expected back in court on March 20th and has asked that the charges be dropped. He is being backed by Veterans grouped who have a letter writing campaign going. Read more: Indy Channel
The New York Post reports that tourist, Fred Vankirk, 59, of Columbus, was arrested in January after cops found two .357 Magnum pistols and a .45 semiautomatic in his room at a Midtown-area hotel.
Police were notified of the guns‘ presence by a maid.
Ankirk has permits for the guns in Ohio.Vankirk was charged with three counts of second-degree gun possession and being held on $50,000 bond, the Post reports. If convicted, he could face a sentence of five to 15 years for each count, which would be served concurrently.
Another tourist, a Tennessee nurse and fourth year medical student, reportedly thought she could check her loaded gun at New York City’s Sept. 11 memorial. She didn’t realize that the loaded .32-caliber pistol in her purse would be a problem until she saw a sign at the site that read, “No guns allowed,” sources said.
She walked up to a security guard and asked where she could check her gun, which she is licensed to carry in Tennessee. She was brought to to another area after the guard told her she was in luck because it was “law enforcement day.” She was then arrested. [Obviously, the guard was a sleazeball]
Mark Meckler of Tea Party Patriots was arrested for a licensed, unloaded, pistol in his baggage which he was told was legal. The charge was later reduced to Disorderly Conduct. Now that the case is over, they will not return his firearm, which also blatantly disregards his rights as a citizen.
These cases are fairly common as New York City as they refuse to adhere to the second amendment.
Mark Meckler Gun Charges