New York gun law triggers confusion, arrests for visitors
NEW YORK (CNN) -- An online campaign in support of a former U.S. Marine -- arrested for attempting to security-check his pistol while visiting the Empire State Building -- is bringing new attention and a fair amount of scrutiny to one of the nation's toughest gun-control laws.
Ryan Jerome, 28, was charged with criminal possession of his .45-caliber Ruger while visiting the famous New York landmark during a September vacation with his girlfriend. Jerome has a license to carry the weapon from his home state of Indiana, but New Yorks state gun laws do not recognize out-of-state permits.
With his case still pending, Jerome could face up to three and a half years in jail.
Jerome's attorney says its clear his client, who does not have a criminal record, wasn't attempting anything nefarious because Jerome approached security on his own to tell the guards about his weapon.
But the law prohibits anyone -- with certain exceptions such as law enforcement officers -- from carrying a firearm in the state unless that person specifically has a New York state-issued permit.
Jerome spent two days in a jail cell before he could make bail.
"I was in utter disbelief, I was in shock," said Jerome.
His arrest is one amid a series of similar instances that have some questioning whether New York state's strict gun laws, which aim to protect public safety, are unnecessarily targeting law-abiding citizens.
"We just don't believe, as I believe most don't think, that he should be prosecuted under such a stringent statute which is clearly designed to get the so-called bad guys," said Jerome's attorney, Mark Bederow.
Fellow Marines, on a website called leatherneck.com are rallying to Jerome's side and have begun a letter-writing campaign.
David Bruce says he's been sending the letters to New York City law enforcement officials.
"We're asking that Ryan Jerome's case be moved from the prosecution file to dismissed file -- it's as simple as that," Bruce said.
Nys Law Firearms - News
But the law prohibits anyone -- with certain exceptions such as law enforcement officers -- from carrying a firearm in the state unless that person specifically has a New York state-issued permit. Jerome spent two days in a jail cell before he could
"Here we are going after a law abiding registered firearm owner versus going after the real criminals in this country. This is exactly what's wrong with our gun laws that exist currently in New York state and also throughout the country.
Tthe last two times the Supreme court took up the issue of firearms bans, the bans fell. NY, it's time to create a legal path for law-abiding citizens such as this jeweler to exercise the fundamental right of carrying arms for self defense.
New York state's handgun licensing regulations are among the strictest in the country. As a result, 90 percent of guns used in New York crimes are illegal and from out-of-state. Currently the method for sniffing out guns tucked into jackets and jeans
By News WATERTOWN, NY () - The former Fort Drum soldier who escaped military custody in September and lead authorities on a multi-county manhunt has now been arraigned in Jefferson County. New York State Police say Russell Marcum, 20,
New York State Gun Law Poses Threat of Arrest for Visitors
Following a former U.S. Marine’s arrest for attempting to security-check his pistol while visiting the Empire State Building, light has been cast upon one of the Nation’s toughest gun-control laws. The Marine’s weapon was licensed in his home state of Indiana; however, New York State’s gun law fails to recognize out-of-state permits. The law prohibits anyone from carrying a firearm, unless the person specifically has a New York state-issued gun permit. Aside from certain exceptions to the law, such as law enforcement officers, people carrying weapons licensed in other states may be subject to arrest. In addition to the U.S. Marine arrested, a Tennessee medical student was arrested at the 9/11 memorial after trying to check her gun, registered outside of New York. Tea party activist Mark Meckler was also arrested at New York’s LaGuardia airport after attempting to check his unloaded California-registered pistol in a locked box.
While the U.S. Marine’s case is still pending, he could face up to three and a half years in jail. Some suggest that New York State’s strict gun law is unnecessarily targeting law-abiding citizens, despite the purported intent of protecting everyone visiting, living, or working in New York. No matter what your personal opinion may be, strong emphasis is placed upon knowing a state’s laws and how you may be affected. The National Rifle Association Institute for Legislative Action has a website with an interactive map that allows you to click on a state and read more about its particular gun laws.
If you have questions or are uncertain about the application of New York State’s gun law to your particular circumstances, please do not hesitate to contact us.
Copyright 2011. HoganWillig. All Rights Reserved.
The above is not legal advice.