Instapundit has the roundup. Apparently a US Marine is facing 15 years in the slammer. I like Professor Reynold’s proposal:
My proposal: Any state permit is valid in all 50 states. Places where carry is prohibited must be clearly marked. Maximum penalty for a simple violation — that is, not in the course of committing some real crime — $500. Attorney fees and civil-rights suits available against state and local officials who violate the law by infringing people’s rights thereunder.
Well, we can’t have that. Treating it like a right, and all. I think Mayor Bloomberg has made it pretty clear what he thinks about that. Meanwhile, this is now looking to be more true than ever.
Back in 2000, Jaid Barrymore (ex-wife of John Barrymore, Jr. and mother of Drew Barrymore) was arrested in New York while illegally carrying a gun:
http://www.imdb.com/title/tt0083866/news?year=2000
She ended up serving ten days of community service:
http://www.people.com/people/archive/article/0,,20132661,00.html
And not only does she not have a carry permit, anywhere, her drug history means she’s almost certainly prohibited person, for whom simple possession of a firearm is a federal felony with a mandatory five-year sentence.
Of course, she’s one of the “special” people. Can our marine expect similar leniency?
Wow Jeff, I never knew that Drew Barrymore’s mom was busted for gun possession in NYC and then got just community service for it. Then again, that was long before Mayor Doomberg was in office too, and the laws in New York have been toughened to boot. Now, “special” people in NYC don’t seem to get off as light when they get arrested on gun charges, but they still don’t seem to get hit quite as hard either.
Case in point: Look at what happened to NFL wide receiver Plaxico Burress – Plaxico got a plea deal of just two years in prison and two years probation for not only possessing a loaded Glock in a Manhattan nightclub, but for also accidentally discharging this Glock when he tried to catch it as it fell from the inside waistband of his sweatpants.
Plaxico’s plea deal happened despite Doomberg’s urging that the prison sentence be no less than the minimum 3½ years as required by New York’s state law. Plaxico Burress also got out of prison more than three months before two years had passed since his sentencing date.
Will this Marine get a deal like Plaxico Burress did? I would not bet on it. Sports hero status typically trumps war hero status every time.
Is there any statement or reasoning why the Marine would be facing more then three times the sentence as the woman from Tennessee for what appears to be the same violation on each persons part ?
My understanding is that the charge carries a penalty of up to 15 years, with a 3.5 year mandatory minimum. So the difference may only be in the reporting.
Sometimes it is not so much the laws that irk me, but the level of punishment. As much as I disagree with NYC’s gun laws, instead of arresting him they should just confiscate his gun (because he is not allowed to have it in NYC) and issue him a citation. After paying a fine, he could make arraignments to have the gun shipped back to his home in Indiana. What’s wrong with that? If he were a felon in possession, then they could slap a federal felony charge on him. It just goes to show that these people would gladly throw any of us in prison for violating any of their rules.
As far as guns are concerned New York City is another country. If I could afford it I would buy billboards on the city border that say “Gun are illegal in New York City.”
I am sad to hear that the rest of the country isn’t taught (warned) about NYC before they graduate high school.