Marine faces 15 years behind bars for unknowingly violating gun law

[drgrant]

Sorry if this was addressed, but is the mandatory sentencing in accordance with state law or municipal law (NYC)? I know NYC prohibits handguns even if you have a NY carry license, but what if a NY resident w/ a valid NY license were in the same situation...would the mandatory sentencing apply to them?

I bet it probably would be reduced somehow, but the point is sort of moot, as nobody can get an NYS non-resident pistol license anymore... and anyone who lives in that sh**hole and lawfully owns handguns (a horrendous process that is worse than MA's) probably knows enough to never bring them into the city.

-Mike

 

[sig2009]

You're missing the point and you're one of those stupid people out there.

Go back to your flock.

Ya right. I carry a gun to NYC every day so I can go to jail because I didn't know the law. Your a funny guy! Maybe I should travel the highway going 100+ and when the cop pulls me over I can tell him I didn't know the speed limit was 65 or maybe I shouldn't get building permits to do work on my house because I didn't know the regulations. Stupid is as stupid does. If you don't like the law then change it!!!!!!!!!!!

 

[mikem317]

Argh, that story pisses me off.

I wonder how that Marine feels about "defending freedom" now.

See? The real threat to freedom isn't in some backwards-ass place in the middle of nowhere. It's right here at home. In New York. In Washington. In Massachusetts.

 

[mikem317]

Ya right. I carry a gun to NYC every day so I can go to jail because I didn't know the law. Your a funny guy! Maybe I should travel the highway going 100+ and when the cop pulls me over I can tell him I didn't know the speed limit was 65 or maybe I shouldn't get building permits to do work on my house. Stupid is as stupid does.

Get real. The Marine didn't do anything wrong. This is a classic example of malum prohibitum verus malum in se.

The irrelevant "travel the highway going 100+" example is actually illegal because you're putting other people's lives at risk. In other words, threatening them with violence to their property and lives by operating to endanger.

By simple carrying a gun, and not threatening anybody with it, is not a crime.

Get it?

 

[sig2009]

Get real. The Marine didn't do anything wrong. This is a classic example of malum prohibitum verus malum in se.

The irrelevant "travel the highway going 100+" example is actually illegal because you're putting other people's lives at risk. In other words, threatening them with violence to their property and lives by operating to endanger.

By simple carrying a gun, and not threatening anybody with it, is not a crime.

Get it?

Get what. Have you ever traveled on the Autobahn in Germany? I have and apparently there you are not putting anyones life in danger going 125 mph plus. So their laws should be no different than ours. So you can quote latin all you want. So why don't MA dealers sell any gun they want even if it is not approved. They are not doing anything wrong!

 

[Broc]

Get what. Have you ever traveled on the Autobahn in Germany? I have and apparently there you are not putting anyones life in danger going 125 mph plus.

Actually, you are. Not everyone that drives there is a highly trained professional driver, and even those sometimes crash, and when you crash you can take other people with you.
Have you ever seen what an Autobahn crash looks like?

 

[Blitz1]

Ya right. I carry a gun to NYC every day so I can go to jail because I didn't know the law. Your a funny guy! Maybe I should travel the highway going 100+ and when the cop pulls me over I can tell him I didn't know the speed limit was 65 or maybe I shouldn't get building permits to do work on my house because I didn't know the regulations. Stupid is as stupid does. If you don't like the law then change it!!!!!!!!!!!

Still missing the point. It's a god given right protected by the Constitution. What the hell does that have to do with driving 100 mph?

 

[pernox]

Ya right. I carry a gun to NYC every day so I can go to jail because I didn't know the law. Your a funny guy! Maybe I should travel the highway going 100+ and when the cop pulls me over I can tell him I didn't know the speed limit was 65 or maybe I shouldn't get building permits to do work on my house because I didn't know the regulations. Stupid is as stupid does. If you don't like the law then change it!!!!!!!!!!!

Do you really believe this man should serve time in jail for carrying a pistol?

 

[jasons]

I see now. The constitution is immediately invalidated when the government makes laws in an attempt to take away rights that were never even granted by the government in the first place? Any law that infringes on the right of the people to keep and bear arms is null and void, constitutionally speaking. I don't need permission to keep (own) and bear (carry/display on my person) arms (guns, knives, swords). I have the right to do so.

Maybe you need to direct your comments to the cowardly LEOs and DAs who enforce these laws, in direct violation of their oaths.

It really is that simple. Anyone arguing "state's rights" in these cases is delusional IMHO.

 

[Dream to Dream]

If you don't like the law then change it!!!!!!!!!!!

How?

By pissing and moaning and complaining how terribly unfair your government representatives are? Or maybe you could write them and explain why the laws need to be changed.

This guy (Scott Brown - ed.) is a "tool". Why do you people bother emailing him! It will accomplish nothing!

Or not, I guess.

 

[sig2009]

How?

By pissing and moaning and complaining how terribly unfair your government representatives are? Or maybe you could write them and explain why the laws need to be changed.

Or not, I guess.

Then overthrow your state government or stop complaining! I guess you never heard about the Boston Tea Party or know what it stood for.

 

[jraysig]

I lived in NYC for years and left my guns at home in Ma. I thought Ma had ridiculous gun laws until moving to New York. Applying for a permit is around a thousand dollars and from what I've heard they're usually turned down. I loved living in NY but couldn't disagree more with their laws.

 

[jasons]

Then overthrow your state government or stop complaining! I guess you never heard about the Boston Tea Party or know what it stood for.

That's the spirit, bypass all other possible remedies and jump straight to armed rebellion. That's exactly what they did in 1775, right?

Seriously - your trolling skills are weak. Try brushing up on some other board.

 

[P-14]

I bet it probably would be reduced somehow, but the point is sort of moot, as nobody can get an NYS non-resident pistol license anymore... and anyone who lives in that sh**hole and lawfully owns handguns (a horrendous process that is worse than MA's) probably knows enough to never bring them into the city.

-Mike

In your safety class they tell you to keep your guns out of NYC. At the minimum, you will lose your license. Maximum = jail.

 

[Fixxah]

Can't we just get Supermoto and his better half out of there and nuke the f*cking place?

Sent from my SPH-M580 using Tapatalk

 

[swampy]

I forwarded the link to Scott Brown as a reply to his arrogant reply to my asking him to vote for reciprocity. Go ahead and bombard him. It made me feel like I did something good today.

 

[sig2009]

It stood against taxation without representation. Which means it stood for taxation with representation.

Also, it is tough to overthrow any government (if that's what is called for) when the populace is made up of mindless sheep who bleat about others being stupid for not following unconstitutional laws.

Let me guess, you support, "See something, say something", right?

Let me guess. You have not read the constitution or you don't understand it if you did.
A "well regulated militia". Do you know what that means? Apparently not. Well let me try to inform you. The reason it was put in the constitution was to protect the citizens against the government. Thus, the well regulated militia necessary to the security of a free state was a militia that might someday fight against a standing army raised and supported by a tyrannical national government. Sound familiar. And Yes if I see someone plant a bomb on the subway I am riding I will say something!

 

[ARV]

Not really. When you have folks in your family who believe soooo much that the Brady Bunch is right, and you're an evil person bent on destroying human civilization with your evil arsenal............what's the arguement? What's the point? They've dictated their stance. And nothing I can do will ever.............EVER............change their mind.

Half of my family (the larger half) doesn't like guns. Cant understand why I own, want or would even like them. There have been snide comments made, indirectly. (It bears mentioning here that two uncles & family basically never moved out, and live next to and behind my grandmother set up like a triangle with a shared driveway, and still expect lunch/dinner to be waiting at her house when they get home, use her car but never pay for gas or oil, etc). They were told "in passing" that they should keep their opinions to themselves, because the open area out back would make a nice private shooting range. They chose wisely.

 

[snatale42]

Why do people feel bad for this guy? Am I the only one that feels like this guys stupidity did this to himself? I mean its sucks and all but anybody that legally owns guns (at least I'd like to think) knows about NYC and there BS. It's not like it's a NYS vs. NYC issue, it's not NYC violating the FOPA as usual (which is complete BS) but this guy carried into a state which has reciprocity with NO other state, and announced he had a gun, I mean c'mon. When I travel from VA back to MA my fingers are crosses the entire time I'm driving thru NJ & NY but at least I'm transporting correctly and THROUGH the state. We as gun owners stick to the fact the WE follow the law, people like this guy are the fuel that feed's morons like Bloomberg AND IN HIS OWN TURF!

GUN OWNERS - 0
BLOOMBERG - 1

 

[Boghog1]

The world does not revolve around NYC, and how many times have you heard BS about licensing in general, I remember one time that I was told as long as you have permits for 3 states you could travel anywhere in the country and carry.

 

[newportri]

WTF part of "shall not be infringed" don't people understand?

"All laws which are repugnant to the Constitution, are null and void." Chief Justice Marshall, Marbury v. Madison, 5, U.S. (Cranch) 137, 174,176

Stop following these laws; there is only power to enforce them as long as we continue to legitimize them through compliance.

As to reciprocity? This isn't a state's rights issue. What makes you think that an individual's right to keep and bear arms goes away when they cross an imaginary line? State's right do not trump the rights of the individual.

That is why people feel bad for this guy. And it is actually people like you who spoon feed the Brady Bunch, Bloomberg, et al. all they need to convince the rest of people in this country that gun control is reasonable. You deserve what you tolerate.

The Second Amendment does not give you the right to keep and bear arms outside your home regardless of what some people might believe or what they would like it to mean. SCOTUS has only said (in Heller and McDonald) that you have a right to keep and bear arms in your home. Until SCOTUS interprets the second amendment so that it also includes carrying on your person in public, that's the law of the land.

BTW, do you have a LTC and do you carry concealed in public?

 

[Boghog1]

The Second Amendment does not give you the right to keep and bear arms outside your home regardless of what some people might believe or what they would like it to mean. SCOTUS has only said (in Heller and McDonald) that you have a right to keep and bear arms in your home. Until SCOTUS interprets the second amendment so that it also includes carrying on your person in public, that's the law of the land.

BTW, do you have a LTC and do you carry concealed in public?

The second amendment doesn't give or grant any rights, nor does the constitution. it merely list some rights the founders meant to use to limit federal power.

Please feel free to read the federalist papers and numerous other historical documents around the issue and then chime in.

 

[Sibb]

The Second Amendment does not give you the right to keep and bear arms outside your home regardless of what some people might believe or what they would like it to mean. SCOTUS has only said (in Heller and McDonald) that you have a right to keep and bear arms in your home. Until SCOTUS interprets the second amendment so that it also includes carrying on your person in public, that's the law of the land.

BTW, do you have a LTC and do you carry concealed in public?

So the example for the second amendment was taken from British law, the need to add it to the constitution came for the revolutionary law. Did our patriots fight from their living rooms? No they didn't, so to think that just because SCOTUS said "in your home" doesn't mean only in your home. Get a clue.

 

[rwl1955]

Steven Tyler and Joe Perry had no trouble obtaining NYC LTC permits according to the story. HMMM! Does this mean that the rich and powerful get preferential treatment?

 

[newportri]

I know that SCOTUS doesn't make law, and that's not what I meant. What I was saying was that they interpret the law, and since their interpretation is that the right to keep and bear arms does not extend beyond your home you do not have the right to keep and bear arms outside your home unless you are otherwise licensed to do so (with a permit for example).

so to think that just because SCOTUS said "in your home" doesn't mean only in your home

.
Do you think you can legally carry a firearm in public without being licensed just because we have the second amendment?

 

[Boghog1]

I know that SCOTUS doesn't make law, and that's not what I meant. What I was saying was that they interpret the law, and since their interpretation is that the right to keep and bear arms does not extend beyond your home you do not have the right to keep and bear arms outside your home unless you are otherwise licensed to do so (with a permit for example).

.
Do you think you can legally carry a firearm in public without being licensed just because we have the second amendment?

Heller wasn't about carrying outside the home

 

[jasons]

Do you think you can legally carry a firearm in public without being licensed just because we have the second amendment?

You can in states that understand natural rights. For some reason blood doesn't run in the streets.

 

[newportri]

Heller wasn't about carrying outside the home

That's exactly my point. Until the SCOTUS gives their opinion on whether the Second Amendment extends beyond your home or not, we will have to jump through hoops (at least in some states) to be licensed. Will SCOTUS ever extending rkba to extend beyond your home so we won't need a license? I doubt it. I think it's more likely that the states that does not have a means for its residents to be licensed might be forced to come up with a process that will allow the residents to be licensed.

 

[newportri]

You can in states that understand natural rights. For some reason blood doesn't run in the streets.

I agree, and I think that is great and I wish more states were like that. However, the reason people can do that in those states is because the states have passed laws that allow you to do that, and not because the second amendment says you have a right to do it.

 

[Broc]

I agree, and I think that is great and I wish more states were like that. However, the reason people can do that in those states is because the states have passed laws that allow you to do that, and not because the second amendment says you have a right to do it.

And it should not be like that. Like the person above me posted: "The Constitution is the supreme law of the land"