I need help

rangermonroe

New member
I need a NY lawyer.
Every year I travel to New York to hunt deer with my father, and this year I brought my 7 year old son for his first time.

When I arrived in New York, I noticed that my rifle case had been damaged and the TSA seal (attached in Savannah, GA) had been removed. I asked the airline representative and a TSA agent to inspect my case with me in case of stolen or damaged guns. I had 2 rifles and a handgun which we inspected at the counter. I did this in front of the TSA agent
On December 1, 2004, I traveled to the Albany New York airport to return to my Home in Savannah, GA.
When I arrived at the airline counter, I informed the ticket agent that I had firearms to declare. He called a TSA agent to do the inspection. I opened the hard case for the agent, who told me he had to get his supervisor, because I had a handgun with my deer rifles. The handgun is a Ruger MK1 target pistol, 22 caliber.
The supervisor arrived and asked to see my ID and handgun permit, Which I provided. He asked me how long I had been in the state, because if it were less than 48 hours, he would let me pass. I believe that he was hinting that I should tell him what he needed to hear. I refused to lie to the man, so I dutifully informed him that I had been in the state for 10 days. He then told me that a Georgia permit was not valid in New York( "nothing more than a piece of paper here"), and he was calling the sheriff. After a few moments, I was arrested by the sheriff’s deputies, in front of my son.
The deputies were apologetic and professional, but arrested me nonetheless. They told me that they had no choice but to arrest me, because the TSA had turned me in. Has this been during a traffic stop, "we wouldn’t have done anything".
They confiscated my pistol, had me pay a $100 bond, and let me go in time to check my rifles and to catch my flight. I did not receive a receipt for my pistol.
I now have to return to New York to face charges, or pay a lawyer to represent me. I was told by the deputies, that I could plead guilty to "disorderly conduct" and pay a fine. I was also told I would have to give up my pistol, without compensation
I did not attempt to hide my pistol, I did not lie to them, and was oblivious to the fact that I was in violation of the law. I had been in the state for 10 days and had committed no illegal act. The pistol is mine and legally owned and possessed by me in Georgia.
 

Whiskey Tango

Moderator
Well, in this case, a little white lie wouldn't have hurt anyone.

However, you can use your honesty to your advantage. You didn't lie to the TSA officer, even when hinted to do so, you willfully declared your firearms, furnished all documentation.

I'd fight it by challenging the TSA officer's integrity (his little hint to lie), and to argue in court that not even a half-witted criminal would be declaring illegally possed firearms, or firearms used in crimes. The criminal would probably take a bus if he had to travel with them.

However, you broke the law it seems (not familiar with NY), should have left the .22 home.

If I were the prosecutor, I would probably argue "Why is this man bringing large caliber hunting rifles to engage large animal wildlife, and bringing a .22 pistol?"

Since NY is a liberal state, they are more or less easier swayed to your lack of knowledge for NY laws. Show that you are an honest, good, hard working American, that you pose no threat to society, and pay your taxes,. If done right, I think you could be looking at an acquital.

Just my thoughts.
 

Whiskey Tango

Moderator
Is it a crime to give the DA a "pink belly?"

Right now you are under the microscope, I wouldn't be joking about that.

If you feel you can find the right attorney (contact the NRA for some guidance maybe), fight it.

But paying a fine is a guilty charge, and may prohibit you from obtaining firearms through FFLs in the future. If you are going to lose your right, give 'em hell.
 

shootinstudent

New member
I do not mean this in a flippant way, but maybe you've heard it said before:

Your legal advice is worth exactly what you pay for it.

Please, for your own sake, pay for professional counsel. That is the best thing you can do for yourself at this point.
 

Whiskey Tango

Moderator
I agree with shootinstudent, but now that I read about the charge being a violation, I wouldnt worry about losing the 2nd. But the gun is another issue I guess.
 

rangermonroe

New member
I have contacted the NRA.

I have had no response.

I have contracted an attorney.

His was the advice I posted, disorderly conduct ... relinquish the gun.

I paid a grand for that crap.
 

rangermonroe

New member
Whiskey Tango,

This year alone I killed three animals with the .22 in question.

2 Squirrels and a rattlesnake.

I also smoked about a case of diet coke cans.

I don't see a difference between a .270 and a .22 from a moral point of view.

Am i missing something?
 

kennybs plbg

New member
I had been in the state for 10 days and had committed no illegal act

You broke the law the first day here. Ignorance of the law is never an excuse. It would have been better to just give up the firearm and cut your losses. A few years back New York State had a mandatory 1 year imprisonment for having an illegal handgun in the state, and the only ones that were not held to the law were the criminals. Just ask Bernard Goetz.

kenny b
 

USP45usp

Moderator
You broke NY State law. When I was stationed in NY at Griffiss, even the military had to wait at least 6 months and then get a letter from their commander to apply for a NYS permit and then wait anther 6 months or so to get.

You're actually pretty lucky. I do believe that NY State law does have a mandatory 1 year sentence for having a firearm without a permit. With just a $100 bond, a fine, and the loss of your .22 is a small price to pay.

Good luck on your endeaver. The gun is gone. I know that you're angry about that but you should look at www.packing.org before you go into other states to know the laws.

Wayne
 

MAKAROVA

New member
they broke the law

I dont have the cite in front of me but there is a federal law that says that anyone "traveling" may posess a firearm that would otherwise be prohibited as long as it is legally owned at the origination point. Since you were on a round trip I dont think you broke the law. I also remember a post on one of these boards that said NY prosecutors said they didnt care about the federal law. A federal lawsuit might be the answer. You need a competent atty. Anyone have the citation I mentioned or should I dig it up?
 

boofus

Moderator
Can we give that marxist cesspool back to the British yet?

If New Dork doesn't want to abide by the Firearm Owner's Protection Act, then why should the citizens. Start up the machinegun factories! Apparently Federal Law does not work in NY.
 

Cryptoboy

New member
I hate to say it, but I think the handgun is history in this case. Being oblivious to the law doesn't make you immune to it unfortunately. That in itself is committing an illegal act.....
 

shaggy

New member
Get good counsel who specializes in crim def. and listen to what they have to say. I'm a NY lawyer, but crim is not my baliwick (I do corporate & some real estate) - nor do I know NY gun laws well enough to be advising you on this (I'm in Manhattan and I keep all my guns outside of NY state anyway).

I doubt the FOPA is going to provide any cover for you. You were in the state 10 days by your own admission. In the absence of some other extenuating circumstances, thats far more than what would be necessary for temporarily passing through the state. I believe thats why he asked about 48hrs - a general test of whether you were passing through the state or whether NY State was your actual destination. If NY was your destination, you had to comply with NY law.

Talk to your attorney and make sure he knows the importance you NOT have any sort of felony on your record - if you can get away with a non-felony violation by paying $200 and losing the handgun, I would take it and be happy you got away that cheap. An expensive lesson, to be sure, but it could have been a LOT worse.
 

USP45usp

Moderator
shaggy,

I didn't know you were a lawyer.... that explains it :D.

MAKAROVA,

You are right, but not right at the same time. If he was "passing through" then you would be right on your account (even if NY doesn't see it that way) but he was there for more then 48 hours, which according to NYS law, you have to register and then get a permit. I don't agree with the law, but it's the law in that state.

Wayne
 
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