NYC gun-packing tourist from TN gets no jail time

[TripleDigitRide]

http://www.wsmv.com/story/17198072/nyc-gun-packing-tourist-gets-no-jail-time

Graves, a registered nurse from Knoxville, Tenn., pleaded guilty Monday to a misdemeanor charge of criminal possession of a weapon.

Will she lose her right to own/possess a firearm?

Edited March 20, 2012 by TripleDigitRide

[Volzfan]

Glad to hear that but wish they would have just dropped the charges rather than have to plead guilty to reduced charges. I guess it would be hard to prosecute locals if you let the visitors go scot free.

You simply must do your homework and know the laws where you are traveling if you plan to take your gun with you.

[R_Bert]

Will she lose her right to own/possess a firearm?

What she did is not a crime in TN, much less a felony. Not sure why she would lose permit....

You don't lose a permit for out of state traffic ticket, do you ?

Edited March 20, 2012 by R_Bert

[Volzfan]

What she did is not a crime in TN, much less a felony. Not sure why she would lose permit....

You don't lose a permit for out of state traffic ticket, do you ?

I wouldn't expect her to have any issues with her TN permit since she plead guilty to a misdemeanor.

[QuietDan]

Its a freakin' shake-down by the New York corruptocrats. I wonder how much of a "fine" she had to pay? Did she get her weapon back?

If she lost her weapon to the New York thugs, I'll kick in $20 to get her a new one.

[Stegall Law Firm]

The article doesn't say if she was placed on probation. It says she was spared jail time, so her sentence would either be time served or probation. I have no idea how long probation would be for this offense under NY law, but judges usually order that you cannot possess firearms while on probation. So this shouldn't affect her carry permit or 2nd Amendment rights long-term, but if she's placed on probation she'd have to get rid of her guns for the duration.

The bigger issue to me is if this is a permanent conviction it's going to be on her record forever. That would suck, having this follow you around everywhere and having to explain it for the rest of your life. Hopefully it won't affect her nursing license.

[Oh Shoot]

,,, but if she's placed on probation she'd have to get rid of her guns for the duration.

Assuming TN considers it Class A misdemeanor, which I guess it is. Do other states have roughly the same classes of 'meanors? Probably this one is among, if not the, highest though.

TCA also says:

" If a permit holder is convicted of a Class A misdemeanor offense, the permit holder shall surrender the permit to the court having jurisdiction of the case for transmission to the department."

So she's supposed to give the permit to the court in NYC? Reckon anybody up there in the court even knows about this, including her lawyer?

Of course, this case is highly publicized, but what about getting popped for things in other states in general. Think the whole US system is cohesive enough to notify the TNDOS back home here?

- OS

Edited March 20, 2012 by OhShoot

[Mike.357]

I am very glad she did not get convicted of a felony.

Hopefully she will not have to give up her guns for any period of time. The financial hit I am sure she took in this deal is punishment plenty enough.

I do wonder why NYC backed off of the felony charge though.

[Oh Shoot]

I am very glad she did not get convicted of a felony.

Hopefully she will not have to give up her guns for any period of time. The financial hit I am sure she took in this deal is punishment plenty enough.

I do wonder why NYC backed off of the felony charge though.

Cause of that resolution to ticket all of them on our roads down hear, don'tcha know.

[Guest 6.8 AR]

That makes sense, but the 'meanor shouldn't hurt her nurses license unless it was

nursing related, I think. I'll ask the wife in the morning. She might know that.

Edited March 21, 2012 by 6.8 AR

[TGO David]

Its a freakin' shake-down by the New York corruptocrats. I wonder how much of a "fine" she had to pay? Did she get her weapon back?

If she lost her weapon to the New York thugs, I'll kick in $20 to get her a new one.

How is this a shake-down by NYC? She broke their law, plain and simple. There is no reason why a 39 year old professional woman with a carry permit since 2008 should be excused from knowing where she can or cannot take her firearm. She's very lucky that she didn't end up serving a jail sentence in New York as a result of this.

Sometimes it still really surprises me that people treat their carry weapon like a forgotten pack of gum, stuffed down inside their purse or briefcase. If you carry the thing in the manner that common sense dictates is the most prudent way of doing so -- on your person -- then you generally don't forget that you had it stuffed down into some dark recess out of sight and out of mind.

It's like some people get their carry permit, get a gun, shove it into their daily travel kit an then forget about it entirely. Like just having it is some sort of magical talisman that will ward off evil or "make them prepared".

I'll donate $20 to get her some real defensive handgun training, not another gun that she'll forget she's carrying.

[gl19gobang]

..

Edited March 21, 2012 by gl19gobang

[QuietDan]

How is this a shake-down by NYC? She broke their law, plain and simple. There is no reason why a 39 year old professional woman with a carry permit since 2008 should be excused from knowing where she can or cannot take her firearm. She's very lucky that she didn't end up serving a jail sentence in New York as a result of this.

With all due respect, yes, it is "the law" in New York City; however, the entire law since its inception was structured in New York City to prey upon regular people, especially tourists and visitors that can provide tax base to New York City without the minor inconvenience to the government of voting in the city.

This "law" as structured in New York City is no different than a speed trap through a small town. It is designed to trap the unwary and produce revenue for the City, all while sanctimoniously pretending that it has something to do with crime control. Therefore, it's a shakedown.

The rate of prosecution in New York City for non-residents violating this "law" is extremely low, after a period of grief and the extraction of much revenue through bail, lawyers' fees, fines, court-costs, confiscation of weapons, etc, etc, etc, the cases are usually pled out to a misdemeanor. This misdemeanor serves merely to extract large dollars from the wallets of the unwary, and has little impact on the overall crime in New York City. The wealthy and the "wise guys" are not impacted in any way. This "legal" process is neither the first nor the last example of such a perversion of the law.

There are bad laws; otherwise there would not be a process in place for changing them. This is one of those laws.

True law-abiding, rule-following persons such as yourself, after a period of puzzlement, should be outraged that The Law can and is perverted in such a fashion.

Edited March 21, 2012 by QuietDan

[TGO David]

Oh, I think it's crap too... I just know that when you're in Rome, you have to do as the Romans.

[QuietDan]

Oh, I think it's crap too... I just know that when you're in Rome, you have to do as the Romans.

Agreed.

[Guest RCLARK]

My wife and I went up to Westfield, NY on Lake Erie last summer. I knew the law but chose to keep my loaded gun in the car and by the bed side in the cabin. I didn't, however, carry it on my person when we were dining, shopping or when we visited Niagara Falls. Point is, I knew the laws of the state before we visited and made a conscious choice as to how far to push them. I knew the consequences of breaking them. I agree the laws are WRONG and I do not frequent the state because of them. But the woman is NOT a victim. She was either uninformed or chose to ignore. Either way she broke a law that it was here responsibility to know and obey.

[JAB]

Assuming TN considers it Class A misdemeanor, which I guess it is. Do other states have roughly the same classes of 'meanors? Probably this one is among, if not the, highest though.

TCA also says:

" If a permit holder is convicted of a Class A misdemeanor offense, the permit holder shall surrender the permit to the court having jurisdiction of the case for transmission to the department."

So she's supposed to give the permit to the court in NYC? Reckon anybody up there in the court even knows about this, including her lawyer?

Of course, this case is highly publicized, but what about getting popped for things in other states in general. Think the whole US system is cohesive enough to notify the TNDOS back home here?

- OS

I think that if an HCP holder is planning to travel to another state then he or she should make at least some effort to know what the laws of that state are. With the Internet and a few, reliable sites it isn't that hard to do.

That said, a large factor in this whole fiasco is the fact that NY does not recognize the TN carry permit. I think, then, that our state should return the favor and not recognize violations of their (state) gun laws as a reason to pull HCPs or interfere with gun ownership. Seems only fair.

[Moped]

Just another reason NOT to visit New York City, as if I needed another.

[DaveTN]

Let’s get our own state to quit making criminals out of citizens that carry guns before we start worrying about laws in other states we don’t like. If you are looking for a martyr, I’m sure there are many Tennessee residents that have been charged with no crime other than having a gun, that would like to see you take up their cause.

Make Tennessee number 5.

[southernasylum]

How is this a shake-down by NYC? She broke their law, plain and simple. There is no reason why a 39 year old professional woman with a carry permit since 2008 should be excused from knowing where she can or cannot take her firearm. She's very lucky that she didn't end up serving a jail sentence in New York as a result of this.

Sometimes it still really surprises me that people treat their carry weapon like a forgotten pack of gum, stuffed down inside their purse or briefcase. If you carry the thing in the manner that common sense dictates is the most prudent way of doing so -- on your person -- then you generally don't forget that you had it stuffed down into some dark recess out of sight and out of mind.

It's like some people get their carry permit, get a gun, shove it into their daily travel kit an then forget about it entirely. Like just having it is some sort of magical talisman that will ward off evil or "make them prepared".

I'll donate $20 to get her some real defensive handgun training, not another gun that she'll forget she's carrying.

Oh, I think it's crap too... I just know that when you're in Rome, you have to do as the Romans.

I wanted to "like" these but I just realized that TGO David is unlikable! =)

[Oh Shoot]

I wanted to "like" these but I just realized that TGO David is unlikable! =)

All the mods are too. What a despicable bunch, eh?

[Guest No Ammo]

Easy way to handle the problem: Stay out of Rome

[TGO David]

I wanted to "like" these but I just realized that TGO David is unlikable! =)

Story of my life right there.

[Fallguy]

Hell...I didn't know there was such a thing as a misdemeanor weapons charge in NYC!