Marine faces 15 years behind bars for unknowingly violating gun law

[eflatminor]

No it ain't. Suggests we "agreed" on a standing army in exchange for a bill of rights?

Holy crap

It is true that nearly all the founders feared a standing army but those that felt it was a necessary evil won the day. Are you suggesting that is not the case? That our army today is illegal? If that is not what you are suggesting, then what do you think we got in exchange for allowing that standing army? What assurances quell the founder's concerns?

You and your ilk basically act as if all the founding fathers were some sort of saints of the same mind. Well newsflash: They weren't. They were human. They were given to petty bickering and some really nonsensical behavior. Some wanted a standing army..some didn't. Depends on who you read.

There was no "exchange". It was evolution based on the situation. The US was expanding. It wasn't going to be able to defend against foreign attacks and indians with part time militia. Additionally the standing army came in handy when clearing forests, establishing settlements and the rule of law.

My ilk? Geez, I just asked a question about which you claimed to have some understanding. Yet you did not answer it. Whatever.

 

[Liability]

Miscarriage of Justice.

I once had a similar case in the same jurisdiction. The particular prosecutor (not the elected D.A., but one of his many assistant D.A.'s) assessed the absurd case properly and, via his integrity and discretion, I got the thing adjourned in contemplation of dismissal without my client even having to come back to this great State.

I have some hope that the same outcome will be available for Ryan Jerome.

Was your case more the norm or the exception?

Just curious to know. All I have to go on is anecdote, mainly from a guy who flew into JFK with a firearm and got to stay in New York for a couple of years as a guest of the state.

My experience in handling criminal defense cases at the time was very limited. Since then, few of my cases have been in Manhattan and fewer yet the number of cases that were similar to that first one. The first one was quite remarkably similar to the case in the OP, however. My client was a genuine official hero.

I have noticed that since the NY County DA made a public example of football star Plaxico Buress, though, that Office is less flexible in the gun cases.

 

[old navy]

By the way, if you ever want to have a good time, take a New Yorker to a gun show. I took a friend of mine from Staten Island to one not too long ago and his eyes almost popped out of his head. He was sending pictures back to his friends of all the firearms. It was pretty funny!

We had some Canadian's over this past summer and I showed them my gun collection. They were freaking amazed as well. Couldn't believe it

Same here, but from, Finland.
They were most amazed at the USGI iron I have.

I hate to interupt this constitutional lecture with another sea story but, back in 92 after returning from Gulf War I, a shipmate's father-in-law flew to Norfolk to visit the family. He was a Japanese and had never fired a gun of any kind. I took them to one of my favorite shooting spots in Chesapeake and we put much lead down range.

First, he was amazed at my private collection. I decided to take an assortment of firearms for his pleasure. They included my .45, a .357, and my pump shotgun. He had the time of his life and experienced a basic American freedom.

 

[M14 Shooter]

We had some Canadian's over this past summer and I showed them my gun collection. They were freaking amazed as well. Couldn't believe it

Same here, but from, Finland.
They were most amazed at the USGI iron I have.

I hate to interupt this constitutional lecture with another sea story but, back in 92 after returning from Gulf War I, a shipmate's father-in-law flew to Norfolk to visit the family. He was a Japanese and had never fired a gun of any kind. I took them to one of my favorite shooting spots in Chesapeake and we put much lead down range.

First, he was amazed at my private collection. I decided to take an assortment of firearms for his pleasure. They included my .45, a .357, and my pump shotgun. He had the time of his life and experienced a basic American freedom.

Good for you and him!!
Did you have him shoot an AR/Garand/M14?

 

[old navy]

Same here, but from, Finland.
They were most amazed at the USGI iron I have.

I hate to interupt this constitutional lecture with another sea story but, back in 92 after returning from Gulf War I, a shipmate's father-in-law flew to Norfolk to visit the family. He was a Japanese and had never fired a gun of any kind. I took them to one of my favorite shooting spots in Chesapeake and we put much lead down range.

First, he was amazed at my private collection. I decided to take an assortment of firearms for his pleasure. They included my .45, a .357, and my pump shotgun. He had the time of his life and experienced a basic American freedom.

Good for you and him!!
Did you have him shoot an AR/Garand/M14?

No, I didn't have one. I have an AR now from BCM. I'd like to get a mini 14 in the near future.

 

[daveman]

I can't believe Sallow is doing everything to deflect and make this issue as partisan as possible.



Shocked to the core.

Deflect what?

The man broke the law.

So much for you "law and order" fellows..eh?

Say, have you gun control freaks ever figured out the point where criminals will start obeying the law?

 

[C_Clayton_Jones]

Ryan Jerome was enjoying his first trip to New York City…

That’s as far as anyone need read to know this would be trouble.

State laws should never supersede constitutionally guaranteed rights.

It’s not a ‘should,’ it a ‘they don’t.’

And I don't get how picking up illegals violates a constitutionally guaranteed right.

The 14th Amendment guarantees all persons basic due process rights. See: Plyler v. Doe

As far as voter IDs how do you propose that one proves he is indeed eligible to vote ( that he is indeed a US citizen of legal age)?

That happens at registration.

States do not have the right to deny the privleges and immunities of people from other states.

At least that's what people like you tell us regarding gay marriage.

No, same sex marriage concerns equal access of all a state’s citizens to its laws, not that states must have the same laws.

It is my understanding that state's rights apply to any area that isn't the purview of the Federal government (the enumerated powers) but that the Constitution also disallows any government (local, county, state or fed) from infringing on unalienable rights, one of which happens to be the right to keep and bear arms.

Correct.

Currently there is no case law regarding the right to carry a firearm – open or concealed. Someone needs to file suit in Federal court and challenge such laws.

Case law after case law..has pointed out that states have the right to restrict certain rights granted in the Constitution.

Provided a state can demonstrate a compelling interest and evidence to support it. Fundamental rights are the most difficult to restrict. Some gun regulations may pass Constitutional muster.

Scalia even pointed that out after the Heller case.

Only to the extent of further review.

 

[MikeK]

I agree, if he was voluntarily checking his gun then it's really not the Danger that the Law was designed to protect against.

Still and all, he should have known. It's pretty bad negligence, especially on the part of a Marine.

I hope he gets a year or less and it's not permanent on his record.

A year in prison is one hell of a long time -- not to mention the effect of the criminal record that attaches. He didn't intend to harm anyone in any way. That man should be fined and released and his weapon should be shipped to him in Indiana at his own expense. Anything more than that is a goddam shame.