Ex-Marine in NYC gun case pleads to misdemeanor gets no jail time

mkay.

Sorry, but saying "I didn't know" is not a defense. I'd also like to see proof of the formatting error.

I would be inclined to believe that he actually believed it was legal to carry.

From my understanding the problem stemmed from him trying to check his gun at the Empire State Building. Believing he was not allowed to bring the gun in the building he wanted to check it to visit the tourist attraction.

If he had known it was a crime just to have the gun in the city or the state and been carrying anyways I am much more inclined to believe he wouldn't have announced it to law enforcement and let everyone know he was carrying.


He was offered what sounds like this deal before, but wanted to fight and refused it. I guess he expected people to rally behind him and help him challenge the law.
Apparently that didn't happen because his lawyer seems to have convinced him that deal might actually be the best option available.

NYC seems to have been relaxing lately in regard to sticking to the letter of the law.

Wait until you see him testifying before congress.

AFS

Ms. Italiano didn't do a thorough background; there is no gun registry in Indiana; rest assured, the handgun was not "Indiana-registered."

To her credit, the word 'semiautomatic' didn't make the story. The press usually likes to toss that one in there at some point.

You are right, of course. Chances are, that information was provided to the reporter by Jerome or his lawyer.

My old boss used to say his guns were registered here in Texas and we don't have registration either. Apparently, "registered" was supposed to mean the state in which the gun was last transferred through an FFL. His argument was that an official paper trail is registration. I have been surprised to hear others say very similar things.

In regard to Jerome, the guy seems to have too many weird things going on in his life to simply be an innocent victim of ignorance. AWOL, drug court martial, supposedly for being a whistleblower, a phone app that supposedly showed the exact wrong information, not worried about carrying in NYC, but tries to check his gun at the ESB. I suppose that must have been another phone app mistake as well. So for some strange reason, this guy who does everything to make sure things are legal keeps getting busted for things that aren't.

Only Bob and June Wheeler have that sort of luck in New York...
http://www.youtube.com/watch?v=t0NmaBtpnBE
http://www.youtube.com/watch?v=jrLvtoKZfxY

In regard to Jerome, the guy seems to have too many weird things going on in his life to simply be an innocent victim of ignorance. AWOL, drug court martial, supposedly for being a whistleblower,

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After touting his military service, Jerome refused the plea bargain offered by the NY City prosecutor. After the true story of his military service came to light; Jerome plead guilty before the case was presented to the grand jury.

Jerome was not a typical Marine. He could have gotten a less than honorable discharge. Read the quote by Jeromes former USMC company commander.

http://www.nytimes.com/interactive/2012/02/29/nyregion/jerome-letter-to-bederow.html

did he have a carry license in Indiana? ....he should have had classroom instruction that told him not to assume the permit is OK in other states, particularily NY.

So he carried to NY and then checked his cell phone to see if it was OK???

"Jerome insists he'd checked a gun law reciprocity site on his smart phone, but a formatting error made it look like Indiana-registered guns are ok in New York, rather than the other way around."

I believe him, but I wish he would just admit the mistake. I've read the site he checked was handgunlaw.us. They do a great job. The laws are complicated, but their formatting is very clear.

Is that a felony in NYC? If you (collective) are convicted of a crime that could have been prosecuted as a felony, you lose your gun rights, as I understand it.

Too bad we didn't have a more sympathic person for this case. Like a Marine with a bronze star.

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Bronze star might sway one or two jury members not to convict, but it would not sway a court reviewing a conviction.

Too bad we didn't have a more sympathic person for this case. Like a Marine with a bronze star.

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I am not even sure why the military service record needs to be brought up when it comes to determining whether or not the guy broke the law. Whatever he did in his past life isn't relevant. Having high honors in the past life doesn't mean he will have them in the current life.

Here is an Army Medal of Honor and Bronze Star recipient that seems to have had issues both in the military and outside of it, sort of like in the OP.
http://www.boston.com/bostonglobe/o..._vietnam_war_hero_64_received_medal_of_honor/

Ignorance is no excuse for breaking the law.

That being said, I believe that CCW program should be a federally controlled entity with full rights and priveledges to issue and revoke CCW based upon predetermined criteria. The states should then fall in line under the power of the federal government and allow any and all citizens to CCW in accordance with federal statute. A full background check, a required CCW class with a minimum 8 hours of class time every 5 years, more stringent weapons course training, and qualification requirements. Too many people carry but won't shoot for fear of injuring a bystander (valid point; most recently in AZ when Governor Gabrielle Giffords, and many others, were shot, many people did CCW but had concerns about bystanders, police interpretation, lack of confidence/proficiency?). However, some states do not require even a range test. Personally, I feel that some people carry firearms that shouldn't and everyone NEEDS proper training to safely carry. If you don't believe me, think about the paper boy or the kid who cuts the grass or the fast food worker, (12-24 years old), who may very soon carry a pistol. That IS scary.

I wonder if NYC is backing down in these cases because they're afraid they'll lose an "all or nothing" lawsuit?

Too bad we didn't have a more sympathic person for this case. Like a Marine with a bronze star.


As Double Naught Spy said military achievements have nothing to do with determining if someone broke the law. Here's two more:

http://articles.cnn.com/2005-11-28/..._mzm-mitchell-wade-tax-evasion?_s=PM:POLITICS

http://www.armfor.uscourts.gov/newcaaf/opinions/2005Term/03-0678.htm

I wonder if NYC is backing down in these cases because they're afraid they'll lose an "all or nothing" lawsuit?

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NYC would not lose its tough law because these people did not apply for a permit and get refused. Who is to say they would have been refused if they applied?

NYC is backing down because it is bad press. Tourism is big in NYC and bad press hurts.

4895 said:

Ignorance is no excuse for breaking the law.

That being said, I believe that CCW program should be a federally controlled entity with full rights and priveledges to issue and revoke CCW based upon predetermined criteria. The states should then fall in line under the power of the federal government and allow any and all citizens to CCW in accordance with federal statute. A full background check, a required CCW class with a minimum 8 hours of class time every 5 years, more stringent weapons course training, and qualification requirements. Too many people carry but won't shoot for fear of injuring a bystander (valid point; most recently in AZ when Governor Gabrielle Giffords, and many others, were shot, many people did CCW but had concerns about bystanders, police interpretation, lack of confidence/proficiency?). However, some states do not require even a range test. Personally, I feel that some people carry firearms that shouldn't and everyone NEEDS proper training to safely carry. If you don't believe me, think about the paper boy or the kid who cuts the grass or the fast food worker, (12-24 years old), who may very soon carry a pistol. That IS scary.

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Good Lord!!!! Have you never heard of the Second Amendment to our Constitution???

Why would you want MORE intrusion into our lives from the Fed???

No wonder this country is going the way it is.

Guntech59

The government has the responsibility to keep the public as safe as possible from things under its jurisdiction that could cause harm. Examples are roads and bridges, toxic chemicals from industrial waste, water pollution, food and drugs, only as examples. Your (appeal to the people) criticism that the SECOND AMENDMENT OF THE CONSTITUTION blah blah blah is used without merit. Keeping the general public safe from know hazards IS the responsibility of the US government. That is why police officers, mail carriers, naval officers with their finger on the nuke button, fbi, secret service, etc. have so much training and background checks. I support wholly the constitution of the United States. I feel that the states having different rules regarding CCW is a big problem. If the system were set up to allow the lawful CCW holder to travel unrestricted state to state, the legal problems would be very limited and situations such as the one here could not exist.

Perhaps you would consider preventing women from voting (per original constitution) or the owning of slaves (declaration of independence writers had them). Maybe we should have black water fountains and white water fountains.