Opinions on Legal/illegal carry

jrm

New member
were I on a jury and had to made a decision where someone was being tried for illegal (what ever charge that might be) carrying I'd be judging the facts. As a believer in RKBA I can not let myself decide the case on anything but the facts. And the fact is (Like it or not) if there is some specific law that say one shall not carry and they are I'm going to vote guilty.

As a believer in RKBA, if I were on a jury, and the only crime was someone exercising their 2a right without having a CCW, I would have to vote not guilty. Rights are not restrained by permits. If you have to ask permission, its not a right.

A few things to consider about charges, trials and juries:

1. If you are charged, you will have a record. In some places that may endanger your ability to renew your permit.
2. If you go to trial, you will have considerable lawyer expenses. Around here, my understanding is that you are looking at $10k to start with a criminal defense attorney. If you are getting to the point of a jury deliberating a verdict, that number is likely much higher.
3. In an area with very strict gun laws/carry laws, it is very possible that the average citizen likes the laws just how they are. In that case, the jury is likely to uphold the laws as written and rule against you.

I am in NY state, outside of NYC. I have a "restricted" permit, as carry permits are basically unobtainable in my county. My understanding is that carrying outside of the restrictions on my license is only an administrative infraction. Minor penalty at best. (Supposedly, the permit give full carry rights in the state, but the restriction is a county imposed administrative code).

However, it gives the county cause to revoke your license, which they likely will. Then, handgun possession of any kind becomes a felony. Hate to admit it, but it just isn't worth (to me) the probable penalties getting caught. I will support and help anyone that wants to get the laws changed, but don't see the upside to violating the rules and giving the county an excuse to screw me over.
 
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