Update: Marine arrested--See Letter

[HKinNY]

Check out Lawyers letter.

Ex-Marine rips NY’s 'illogical' gun law

By LAURA ITALIANO
Last Updated: 12:28 PM, February 15, 2012
Posted: 2:36 AM, February 15, 2012

Getting prosecuted under New York’s gun laws is a nonsensical crapshoot, where gangsters get their cases expunged and thugs can turn in illegal weapons for $200 — but a weapon that’s legally registered elsewhere can brand a citizen as a criminal for life.

That’s the view of a retired Marine who is facing criminal charges after unwittingly trying to check his Indiana-registered handgun at the Empire State building, according to the latest court filings in the case.

Prosecutors have offered Ryan Jerome a no-jail misdemeanor plea deal in apparent recognition of the special circumstances of his case.

READ THE LETTER (PDF) http://www.nypost.com/rw/nypost/2012...ine_letter.pdf

That’s opposed to the mandatory 3 1/2 years behind bars he could have gotten under a strict interpretation of New York’s gun-possession laws, which make it illegal to carry any gun that isn’t specifically registered in this state.

But in a letter filed with the Manhattan DA’s Office by his lawyer yesterday, the ex-Leatherneck asks that his charges should be dropped entirely.

Jerome, 28, carries a gun because his job as a jeweler often requires him to transport large quantities of gold to refineries, his lawyer, Mark Bederow, argues in the letter.

He checked gun laws before coming here, but a problem with his smart phone left him believing, wrongly, that an Indiana license was good in New York, rather than the other way around, the lawyer argues.

And Jerome took it upon himself to offer the gun to security as he and his girlfriend stood in line for the Empire State Building last September, the lawyer argues.

“Continued prosecution here would criminalize a mistake made by someone who, but for his honesty and sincere attempt to comply with New York law, would not have been arrested,” Bederow argues.

But the letter saves its most fervent arguments for what it describes as the “disproportionate outcomes” in gun possession cases.

DA Cyrus Vance Jr. has been an outspoken advocate of a successful, citywide gun buy-back amnesty program that gives anyone turning in an illegal gun $200 — no questions asked — and without threat of prosecution.

“District Attorney Vance has publicly written that people should be encouraged to deliver firearms to appropriate authorities without fear of prosecution,” Bederow says in the letter — precisely what his client tried to do.

“It is illogical and unjust to grant potential criminals with illegal firearms carte blanche immunity from prosecution and financially compensate them in the name of effective gun control, while at the same time asserting a ‘zero-tolerance’ policy that would result in a criminal record for Jerome handing in a legal firearm under far more conscientious circumstances,” he argues.

Prosecutors have declined to discuss plea negotiations in the Jerome case.


Read more: State’s insane gun laws - NYPOST.com

[DefensiveCarry.com]

[ksholder]

I hope the argument works, but I doubt it will. If he actually takes this to trial, the best he can hope for is jury nullification IMHO. FWIW, I don't think NY's laws are actually constitutional, but they are what is in force currently and what he will be tried against. I wish him luck.

[dukalmighty]

He better hope he gets 12 Jurists that think NYC gun laws are extreme and think like us,if he gets a bunch of Anti's on the Jury,then he is in deep doo doo.

[suntzu]

From what I have read it sounds like he will not get a sympathetic jury in NYC. But who knows. He did bring up a good point that if you turn in a weapon you get a reward.
I think that is the only thing noteworthy in the letter. I do not think the DA will back down at this point.

[HKinNY]

I think at the last minute the DA will offer a deal of a violation like they did with Mark Meckler. If it goes to trial i think he will wind up with a hung jury. As the DA has said. Turn in your illegal firearm and without fear of being arrested and collect your money" All it will take is one member of the jury to say not guilty.

[retsupt99]

I hope the DA will need some vasoline to 'file' the final papers in this situation.

[ep1953]

He should be able to get at least a couple of military folks on the jury. That should be enough to hang it.

If it goes to trial, I would be more than willing to contribute to a defense fund.

[suntzu]

He should be able to get at least a couple of military folks on the jury. That should be enough to hang it.

If it goes to trial, I would be more than willing to contribute to a defense fund.

Why? They are going to decide because he was in the military before? I would like to think they would uphold the oath they take when they are sworn in to the same degree they uphold the oath they took when they joined the military. If I mistook that I apologize in advance.

[ep1953]

Why? They are going to decide because he was in the military before? I would like to think they would uphold the oath they take when they are sworn in to the same degree they uphold the oath they took when they joined the military. If I mistook that I apologize in advance.

Correct me if I'm wrong, but the oath taken by the military personnel is to uphold and defend the Constitution of the United States. That is where jury nullification comes in. It is the duty of anyone on a jury to nullify an unconstitutional law whether or not they are former military. I would hope the the military people would see this duty and act on it whereas many civilians may not.

[HotGuns]

You people are actually expecting someone in NYC to use common sense?

There is no money in that.

[ccman]

Hope he gets off and this helps the rest of us.

[suntzu]

Correct me if I'm wrong, but the oath taken by the military personnel is to uphold and defend the Constitution of the United States. That is where jury nullification comes in. It is the duty of anyone on a jury to nullify an unconstitutional law whether or not they are former military. I would hope the the military people would see this duty and act on it whereas many civilians may not.

I am no lawyer and certainly not a Constituitional lawyer, but nearest I can figure according to law sites I went to in modern America Jury nullification is a constitutional doctrine which allows juries to acquit defendants who are technically guilty, but who don't deserve punishment. It occurs in a trial when a jury reaches a verdict contrary to the judge's instructions as to the law. It is not a jury deciding something is unconstitutional. There is a big difference. Defending and upholding the Constitution is part of the oath. But this is not an issue for the jury. According to what I understand of jury nullification you would not want military folks on the jury. They would more likely follow the instructions of the Judge. If you want want jury nullification you want people you will not follow the instructions of the judge.

[CBXMan]

I'd take the no-jail misdemeanor plea deal. He can find a better position of strength to prove his point from later, but if he rolls the dice and craps out now, it won't be pretty. I learned a long time ago not to start a fight in someone else's yard.

[atctimmy]

I think he's toast. Frankly, I think anyone who goes to the city of New York is wasting their time. If you take a gun then you're just a plain old idiot.

[WD54241]

The deck is stacked him, he is going to need a miracle to get out of this unblemished. Hopefully the Post will publish the letter and give the DA a black eye! I'm sure that the mayors office is dictating to the DA what they want done.