- Dec 30, 2012
- 7,001
Gee, why don't we shop around for a conservative judge that'll rule those laws invalid?
Gee, why don't we shop around for a conservative judge that'll rule those laws invalid?
Yes, "prosecutorial discretion". This prosecutor elected to bring minor charges.
The legislatures pass all these laws with no clue what practical impact they have on law abiding citizens. In fact they don't really care because they are deluded in thinking that criminals will honor the laws they pass. Few of our legislators are guided by a moral compass,
Can we blame the prosecutor for failing to exercise discretion? Don't officers of the court swear to uphold the COTUS?
I suppose I'm being naive. It's an elected position, presumably, and subject to pressure from the tyrants of the majority.
The prosecutor in New York did exercise his discretion in prosecuting the woman. See the video again, she had an UNLOADED gun, with the ammunition in a separate box in her luggage. The prosecutor deemed this constituted a loaded firearm. The law didn't say so, he said so, and prosecuted according to this.
Nonsense. They know full well what they're doing and it's deliberately malicious. It's purposeful hate laws designed to spite whom they disfavor.The legislatures pass all these laws with no clue what practical impact they have on law abiding citizens. In fact they don't really care because they are deluded in thinking that criminals will honor the laws they pass.
Quite the contrary, they very much are, it's just a completely 180 inverted one.few of our legislators are guided by a moral compass,
Or, he could have decided, as there wasn't really a mens rea,
not to charge in the first place.
Perhaps he could have found protection under FOPA if, rather than overnighting in a NY hotel, he picked up his luggage with gun, got a rental car, and drove into another, more gun-friendly, state for the night. He may then have had a colorable argument that his time in NY was spent just passing through.The issue is they flew TO NYC not through it., Once NYC is your destination, NYC law applies. The DA did what big city liberals always do, make an example of you until they are made to look like rabid nut jobs. Then they acquiesce and reduce to charges to misdemeanors and blame the legislture. They have discretion, but I don't see them just dropping charges, that's not their job. They prosecute. Fair or not.
NYC gun laws are only slightly more ridiculous than MD. If someone did the same thing while in MD, the exact same thing could happen here.
If you are a gun owner who travels, you need to know the laws of your DESTINATION state.
While not exactly the same, Google Revell vs Port Authority of NY and NJ.
Stossel is right, but it's not going to change NY and NJ 's dumb behavior.
Revell was nailed for taking POSSESSION of his firearm from the airline when his flight was cancelled and he had to stay overnight in a hotel. The court ruled when he took possession he broke the law and had no FOPA protection.
Stupid? absolutely biut it didn't stop his arrest, conviction and thousands of dollars in legal fees.
Travel with a gun? Read the laws and Google a little bit. Could save thousands of dollars and many headaches. Sad but that's the reality of living with liberal twits.
DOJ agrees with you. But getting NY and NJ to agree is not so easy
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Even tho DOJ might agree its NY and NJ State that is the trouble point. Its STATE Firearms laws that is causing the trouble not fed laws. Until the NY and NJ State Leg change the state laws people will still get into trouble...
Actually, his attitude is quite typical of prosecutors everywhere. It's a "I didn't make the law, my job is just to enforce it". That these two got off with such a light (non-disqualifying) charge is actually an indication that the prosecutor exerised his discretion appropriately. Don't blame a prosecutor for being a prosecutor.
The problem is when one of these states becomes your destination. Then you are at their mercy and have no FOPA protection. The DOJ letter agrees that passing through is OK. But state laws apply when they become your destination. That's what some folks don't seem to get.