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Marine facing 15 years for unknowingly violating gun law


jporter12

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How could you NOT know?

Don't trust an Intarwebz site, go to the A.G.'s site.

In checking 3 different sites, they all show NY as not accepting any other state's license.

Don't bring a gun to NYC or L.A., period.

I believe he made an honest (if really dumb) mistake, too bad the judge will have no latitude due to mandatory sentencing laws.

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We need national reciprocity.

And an amnesty on checking guns in to the police. If you voluntarily check in a gun with the police then you should be immune from prosecution for posession charges. This would cover all situations where a person becomes aware that their posession is illegal - it doesn't render them in a status where they will continue to posess out of fear of prosecution. If the local law dows not allow you to get the gun back (like NYC) then you should arrange for the police to ship it back to your home state via an FFL.

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We need national reciprocity.

And an amnesty on checking guns in to the police. If you voluntarily check in a gun with the police then you should be immune from prosecution for posession charges. This would cover all situations where a person becomes aware that their posession is illegal - it doesn't render them in a status where they will continue to posess out of fear of prosecution. If the local law dows not allow you to get the gun back (like NYC) then you should arrange for the police to ship it back to your home state via an FFL.

The amnesty thing would be a hard thing to do. Ignorance is not a viable defense from the law, and it's up to you as a CCW holder to ensure that if you want to be armed, that the state you're going into accepts the permit from your home state. That's it.

Now, if you still remain ignorant, and once you are already in violation of the local state's law you have three options. One, you can continue to carry illegally until you reach a point where you can safely disarm (hotel, car, stuff like that), two, you can just continue to roll the dice and hope your conceal is good enough that you don't get caught, or three, you can go to the nearest cop and, in doing so, immediately waive your 5th amendment right to self-incrimination by exposing your illegally carried firearm to the one guy who could (and probably will) immediately arrest you on the spot.

In the absence of national reciprocity (and we need that for a great many other things), it's up to the person to exercise a little personal responsibility and do 5 minutes worth of research before they go traveling.

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The other thing you guys are not mentioning is the very legal difference between New York state and New York the city. The laws change very much once crossing into the city.

Your New York State pistol license is only valid in the counties outside the 5 counties of New York City. Unless it is validated by New York City. You may not take your handguns into the city, this includes Self Protection licensees, with a few exceptions.

This is the other problem with current concealed carry law. Not only do you need to know the laws for the state you are going into but also every city and municipality that may have countermanding laws on the books. That poor fellow may have been well within his legal right to carry anywhere else in New York state, just not anywhere in New York city.

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I agree that he should've been more responsible and informed, but the rest is total horseshit. I would love to travel into Canada on some of my mototrips, but not being able to carry has put the damper on that.:rolleyes: This shit shouldnt happen anywhere in the USA, national reciprocity must be passed.........the 2nd amendment demands it!!!!!!!

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...That poor fellow may have been well within his legal right to carry anywhere else in New York state, just not anywhere in New York city.

No.

...In checking 3 different sites, they all show NY as not accepting any other state's license...

Just so everyone's clear, the State of New York does not recognize any other state's license.

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along the same lines... HA!

http://news.yahoo.com/man-arrested-explosives-airport-army-expert-001817371.html

A U.S. Army special forces engineer arrested for trying to take explosives aboard a U.S. commercial airliner in Texas told authorities he had forgotten they were in his bag and did not notice them when he packed, according to court papers filed on Tuesday.
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I would not walk the streets of New York City without my gun!!

are you kidding? new york has the lowest crime rate of large cities in the USA. this isnt the 80s any more.

yes, there are still some shady parts, just like there are in any large city... but by and large, NYC is very safe.

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I don't like stupid Marines. I want my soldiers to be smart enough to do their homework.... ESPECIALLY about things like, you know, guns.

I can't resist the urge and may have been trolled here but Fuck off.

Where do you get the impression that he doesn't have a good understanding or knowledge of guns?

Stupid laws are what caught him up which has nothing to do with good safe firearms handling.

You have a problem with Marines in general, bring it. You think we're stupid, bring it. I have no problem conversing over the internet and am certain this Marine will be able to expose you for being stupid.

I feel better now, carry on.

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I agree that he should've been more responsible and informed, but the rest is total horseshit. I would love to travel into Canada on some of my mototrips, but not being able to carry has put the damper on that.:rolleyes: This shit shouldnt happen anywhere in the USA, national reciprocity must be passed.........the 2nd amendment demands it!!!!!!!

Actually, it's Article IV, Section 1. Full Faith and Credit Clause, for those too lazy to look it up.

Edited by Cheech
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