NYC gun charges dropped. Now I can Speak

[JG55]

[h=2]NYC Gun Charges Dropped. Now I Can Speak Out.[/h] On December 15, 2011 at approximately 5:15 a.m., I was at LaGuardia International airport preparing to check in for a flight out of the city. During a routine check-in, I requested a firearms declaration form from the ticket agent. It was my intent to declare and check my unloaded firearm.

I purchased this firearm legally, and I have a valid concealed carry permit for it issued in California. The unloaded gun was locked inside a TSA-approved travel case, and the case was locked inside my checked luggage. I carry the firearm for my personal safety, having received numerous threats due to my role in the Tea Party Patriots. I have checked this firearm at airports dozens of times before, all across the country.

As I traveled through LaGuardia that morning, I passed TSA signs telling me I had the right to check this unloaded firearm in my luggage, and that I am required by law to declare the firearm to the ticketing agent. This is exactly what I did.

The ticketing agent provided me with the declaration form, and I signed it and returned it to her. She advised me that she would need to call Port Authority police to inspect. This is not unusual when traveling with a firearm. Procedures vary from airport to airport, from airline to airline, and even from day to day, and as a law-abiding citizen, I have always been happy to cooperate.

Unfortunately, that day, I didn’t realize that I was about to cross paths with New York City’s anti-Second Amendment stance. Upon showing my case and the weapon to the officer who arrived on the scene, and after a few brief questions, she advised me that she was placing me under arrest for violating New York City’s firearms laws.

To say that I was stunned would be an understatement. I am from a law enforcement family. My mother is a retired correctional officer, and I have spent my life around folks from the law enforcement community. I have always considered myself a law-abiding citizen. I have never been arrested before. I have never been in police custody. I can never say those things again. On December 15^th, 2011, I was arrested, handcuffed at the ticket counter, and taken to a waiting squad car for transport to the Port Authority Police station at LaGuardia.

I was subsequently transferred, in handcuffs, to the Queens Central booking facility in New York City. I was charged with felony possession of a firearm with intent to do harm. I spent the day in Queens…in jail.

It was a nightmare that I can scarcely describe to you. Until you have felt the handcuffs on your wrists, and until you have heard that cell door close behind you, it is impossible to understand what it means to actually lose your liberty. And since that day, my liberty has been at stake, and because of that threat, based upon the advice of counsel, I’ve been unable to publicly speak about this case. Today the silence ends.

I am pleased to announce that the criminal case against me has been dropped. Although I was originally charged with a violent felony, the case against me was resolved with a plea to “disorderly conduct. †Disorderly Conduct is not a felony or a misdemeanor, or even a crime. The facts underlying my plea are that I declared a legally purchased, properly licensed and unloaded firearm at an airport counter. Apparently, much to my surprise, in New York City, it is considered “disorderly conduct†to exercise your constitutionally guaranteed, Second Amendment rights.

Strangely, now that the case against me is over, the authorities refuse to return my firearm. There is no law that allows them to confiscate a weapon in this manner. They simply say “no†when you ask for your weapon back. This is apparently their “policy.†It is done regularly in New York. This is government robbery. Not only is New York City anti-Second Amendment rights, but they are depriving citizens of their legally owned property. My lawyer has advised me that I can attempt to pursue the return of my firearm, but that to do so would cost me more than the firearm is worth. I am not alone in facing this tyranny. It has happened to hundreds of people in the New York metro area. My lawyer, Brian Stapleton, has handled over 400 of these cases himself, so he is an expert on the subject.

While the end of this case is the end of a horrible nightmare for my family and I, it is not the end of this fight. It is just the beginning. Since the original incident, I have received more emails, phone calls, texts and tweets of support than you can possibly imagine. To those people, I want to say heart-felt thanks on behalf of my entire family. We have come to know that we are not alone in this particular fight. Apparently, this happens to hundreds of people per year in New York City. And New York City is not alone in its attack on our rights. This sort of Constitutional abuse, Second Amendment and otherwise, is taking place all over the nation. And we as citizens must stand against it. We must protect our rights, or we will lose them.

Many of you know me as someone who is willing to stand and fight for self-governance in this country. I’m no politician, and I’m not from a powerful or connected family. I’m an average American citizen. And I stand shoulder to shoulder with millions of other Americans who, despite enormous obstacles, and despite the politicians and ruling elite who oppose us, intend to return this country to the bounds of the United States Constitution.

The politicians and ruling elite will try, but we must not let them label us Democrat or Republican, conservative or liberal. We cannot let them make us fight against each other. Too much is at stake. We the People are losing our sovereignty to the government. We the People, must stand and fight for our inalienable rights.

I’m not alone in this fight. There are so many laws, that no one can possibly know or understand them. We are all affected. From the inner city to the farm, from the heartland of America to the coasts, people are under pressure from a government that no longer serves them. From my home in California, to the farmland of Kansas… from the small towns of South Carolina to the metropolis of New York, every year the legislatures pass thousands of laws and regulations that do not serve the people.

The legislators don’t read the bills they pass, and even if they did, they couldn’t understand them. Our criminal justice system is terribly broken, and no longer serves the people and the communities it was intended to serve. Our regulatory system is broken; small businesses and the communities that rely on them crushed under the weight of unnecessary regulation.

We are, step by step, destroying the heart of America. And we are doing so because we are not governing ourselves according to the Constitution. It’s up to us…the People.

It’s time to stand for self-governance. It is time to stand for the plain meaning of the Constitution. Every word of the Constitution is important, and we must fight for them all. We must fight for every inch of this country, from the inner city to the smallest rural town. We are, all of us, first and foremost, American citizens. We’ve always governed ourselves…and we always intend to. And we’ve always been willing to stand when freedom is at stake. It is time to stand…time for all of us, every race, every religion, every gender, every American to stand up and fight for liberty and take responsibility for governing ourselves.

No one should ever have to go through what my family has been through, simply for exercising a fundamental right, specifically enumerated in the United States Constitution. I am committed to making sure no one does. And I’m willing to work with anyone…anyone, who agrees that it’s time for the people to govern themselves once again.

Will we as citizens fight for our inalienable right to govern ourselves, or will we quietly allow ourselves to be “governed†into submission by a ruling elite, disconnected from our citizens and our communities? Only history will tell, but I intend to fight.

(Note: Every law enforcement officer I dealt with through the process was polite and professional. They are not to blame for NYC’s unconstitutional or tyrannical behavior. From my experience, they seem to be good people, just doing a difficult job.)

NYC Gun Charges Dropped. Now I Can Speak Out. | Across the Fence with Mark Meckler

[Guest bkelm18]

I don't buy it. The guy shoulda known better. You have to travel through NYC to get to La Guardia. So if you show up and try to check a handgun at the baggage counter, that means you just traveled through NYC with a prohibited weapon. Since this guy was from out of town, he had an illegal weapon the entire time he was there. It's a travesty of a law, but it's our responsibility to know them and abide by them or you'll face the consequences. He got lucky.

[TMF]

Hmmm.... makes you wonder what happens if your connection is in NY and it is missed or cancelled and you have checked a firearm in a non-commie state. This has happened to me a few times (N. Carolina/Pittsburg/Chicago). Since my luggage has been lost so many times I claim my baggage and recheck it in the morning. (The time in Chicago was an international flight so obviously I didn't have a firearm with me, but what if I was going to Florida? How do I not break the law in this situation?)

[leroy]

Givin this guy the benefit of the doubt, i think that the local constatbulary in NYC let him take the strange "disorderly conduct" plea to keep him from havin the case to start up the federal court chain. There is more to this on both sides than meets the eye (....i think...). As it stands now, there is no basis to bring a federal complaint. The bottom line is that NYC government doesnt want a high profile case denying 2A rights to go to the supreme court(...if it even has to....). They are afraid of another Heller vs DC. There is no way that the NYC gunlaws wont be finally struck down. They are just delayin the inevitable.

Thanks for posting this. I saw an abbreviated story on it last nite on the Daily Caller.

leroy

[daddyo]

He said that there were signs that instructed him to check any weapons at the ticket counter, so there was no reason for him to believe he was violating any laws. He was not carrying a loaded weapon.

The common knowledge that NYC is an anti-gun municipality is no reason for someone to give up their constitutional rights.

I don't get what's so hard to believe about this.

[Guest Lester Weevils]

I'm ignorant of law, but thought that there are federal laws allowing travelers to carry weapons (suitably locked up) thru commie zones?

[LagerHead]

Like I needed another reason to never visit NYC.

[Guest cardcutter]

I think he should bring suit against the city of New York. If he can get this into court it could develop into another Heller case. I am just not sure on what grounds. Perhaps the return of his property or maybe the overreaction of the city violated his civil rights. There has to be something. Then it could be run right up to the supremes.

[Guest bkelm18]

I'm ignorant of law, but thought that there are federal laws allowing travelers to carry weapons (suitably locked up) thru commie zones?

I believe that only applies if you are legally able to posess the item in the location. You cannot legally have a handgun in NYC so you cannot peaceably transport one through NYC.

[Guest Lester Weevils]

I believe that only applies if you are legally able to posess the item in the location. You cannot legally have a handgun in NYC so you cannot peaceably transport one through NYC.

Thanks bkelm18

Perhaps red states should arrest traveling New Yorkers for NOT having a gun?

[EMB145]

"I was charged with felony possession of a firearm with intent to do harm."

Locked in a case and then that case is locked in luggage. The city of New York is lucky no one was hurt or killed with that secured firearm. After all, the owner intended to do harm.

[Smith]

I believe that only applies if you are legally able to posess the item in the location. You cannot legally have a handgun in NYC so you cannot peaceably transport one through NYC.

From reading on handgunlaw.us Peaceable Journey laws can be very unclear and interpretive in NY and especially NYC. Even though technically they have to abide by the Federal law it is unclear what a "trip interruption" is and how they can enforce them.

It always good when the laws cause confusion for the law abiding and leave all the benefit of the doubt, interpretation, and power with the State.

[jtmaze]

I went and commented on the link that was posted and said that 1st he needs to pursue getting gun back from NYC and file suite against violating his constitutional rights. I am sure the NRA will pick up the legal bills on that one.

JTM🔫

Sent from my iPhone

[True Grit]

This is why I do not book a flight through NYC. The NRA needs to sue this city and its anti-gun mayor.

[QuietDan]

This will continue until the State and City of New York realizes that they are losing revenue through their stance. It will take:

Companies that refuse to do business in New York and say it is due to NY's guns stance.

Companies that refuse to send delegates to conventions in NY and say it's due to NY's guns stance.

Companies that refuse to buy products or services in NY and say it's due to NY's guns stance.

Companies in other states that refuse to do business with NY political representatives, to include booking them in hotels, transporting them in cabs, serving them at restaurants, entertaining them in theaters, dry-cleaning their clothes, make a list. And, say that it is due to NY's guns stance.

I'm sure Tennessee State Troopers wouldn't need too many "your license plate light is out" excuses to pull over cars with New York license plates. And then proceed to toss their cars looking for firearms. And, say that it is due to NY's guns stance.

I personally wouldn't need too many excuses to be rude to New Yorkers, many of them tend to be naturally rude anyways. And, say that it's due to NY's gun stance.

Edited January 13, 2012 by QuietDan

[daddyo]

I personally wouldn't need too many excuses to be rude to New Yorkers, many of them tend to be naturally rude anyways.

Having a family of them next door to me, I can tell you from experience that I find your statement to be accurate.

[jtmaze]

I believe that only applies if you are legally able to posess the item in the location. You cannot legally have a handgun in NYC so you cannot peaceably transport one through NYC.

But 2a says you can legally possess a firearm in the US of A.

JTM🔫

Sent from my iPhone

[peejman]

Exactly what part of "Do NOT take your gun to NYC" is confusing?

Hmmm.... makes you wonder what happens if your connection is in NY and it is missed or cancelled and you have checked a firearm in a non-commie state. This has happened to me a few times (N. Carolina/Pittsburg/Chicago). Since my luggage has been lost so many times I claim my baggage and recheck it in the morning. (The time in Chicago was an international flight so obviously I didn't have a firearm with me, but what if I was going to Florida? How do I not break the law in this situation?)

Read this... Supreme Court refuses to hear appeal of traveler who wants to sue Port Authority following arrest in N.J. on gun charges | NJ.com

Edited January 13, 2012 by peejman
spelling

[Mike.357]

The NRA is not going to help this guy get his gun back.

Sometimes it is better to just move on.

[Guest bkelm18]

But 2a says you can legally possess a firearm in the US of A.

JTM

Sent from my iPhone

Irrelevant at the time of arrest. Unconstitutional laws are passed all the time. We have to abide by them until they are struck down.

[Mykltn]

From the NRA regarding FOPA laws. Seems this is a wide spread problem.

Special Advisory for New York and New Jersey Airports: Despite federal law that protects travelers, authorities at JFK, La Guardia, Newark and Albany airports have been known to enforce state and local firearms laws against airline travelers who are merely passing through the jurisdiction. In some cases, even persons traveling in full compliance with federal law have been arrested or threatened with arrest. As noted above in the section entitled "Federal Law on the Transportation of Firearms," FOPA`s protections have been substantially narrowed by court decisions, and persons traveling with firearms may want to avoid New York and New Jersey or make arrangements to ship their firearms to their destination, rather than bringing them through these jurisdictions.

[JReedEsq]

Irrelevant at the time of arrest. Unconstitutional laws are passed all the time. We have to abide by them until they are struck down.

It often takes litigation for the law to be "struck down".

[JReedEsq]

But 2a says you can legally possess a firearm in the US of A.

JTM

Sent from my iPhone

+1; last I heard NY is part of the US of A.

[Guest nicemac]

This is why I do not book a flight through NYC. The NRA needs to sue this city and its anti-gun mayor.

You don't have to. Have you ever been re-routed on a flight? I have. In 2001, I was headed to Denver (where it was in the 60's), wound up in Minneapolis– with no cold weather clothes. In 2003, I left Boston headed to Nashville and got dumped off in Charlotte for a day and half a night. I had friends earlier this year traveling from West Palm Beach to Grand Rapids, MI. Delta dumped them off in Memphis on Sunday afternoon. Told them they could put them on a flight on Wednesday. Oh, and no hotel or meals in the meantime, because it was weather related–no recourse. Substitute NYC in any of those scenarios and you would have been in trouble with a gun that you had no intention of taking to NYC. Yet there you were…

[Guest bkelm18]

It often takes litigation for the law to be "struck down".

I agree, my point being that your constitutional rights are of no consequence to the arresting officer at your time of arrest if you have broken the law. The time to argue the constitutionality of the law comes later.