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Pa. resident charged over gun in N.Y. is a celebrity at home

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A Pennsylvania man says he has become a celebrity where he lives because of his experience in July at Alexandria Bay.

And now, Erwin Spethmann of New Ringgold in eastern Pennsylvania is glad to hear he likely will get back his gun, the one that he voluntarily surrendered to troopers.

"All I want is to clear my name and get my gun back," the naturalized citizen said in his heavy German accent.

Jefferson County District Attorney Cindy F. Intschert said Thursday that her office on Tuesday sent a letter to Alexandria Town Justice Sherry L. Pennington, making a motion to vacate Mr. Spethmann's disorderly conduct conviction, refund his $100 fine and make his handgun available for return delivery.

All that remains is for Judge Pennington to grant the motion.

A letter to Mr. Spethmann, which he had not received Thursday, will tell him he must arrange to have an authorized gun dealer ship the weapon to him, Mrs. Intschert said.

"That's no problem," he said.

It was on July 22 that as he drove up Interstate 81 en route to Kingston, Ontario, to meet a friend, he remembered he had a gun in the trunk of his car. It was there, he said, because "I belong to a gun club. I target shoot, and I shoot skeet."

Knowing he could not take it into Canada, he followed signs to the state police station near Alexandria Bay.

"I thought they'd give me a receipt for it and hold it for me to pick up on my way back," he said.

"I did not know it was illegal to have the gun in New York."

The gun didn't have a firing pin, he said. "It was truly inoperable."

Three of the troopers he met that day "were nice officers, genuinely nice people," he said. But another trooper, the one who sat him in a chair and handcuffed him, Mr. Spethmann could describe only with unquotable comments.

"The other guys, they were very upset they had to do all the paperwork for this. They thought it was foolish. So I decided that this was a good time to shut up and let them do the talking."

A trooper called the district attorney's office for consultation, and was advised to charge the traveler with misdemeanor weapon possession.

But the prosecutor, one of Mrs. Intschert's assistants, also moved to reduce the charge to disorderly conduct.

After being detained for about three hours, Mr. Spethmann resumed his trip to Kingston and spent a week in Canada.

"I'm a fishing guide and I've been going to Canada for 35 years," he said.

A Watertown Daily Times story July 24 about his experience was picked up by his hometown paper, the Pottsville Republican Herald, so when he returned home, "my phone was ringing off the hook," he said. He was unaware of the publicity he had received, he said, until his first caller told him he was a celebrity.

"I got calls from gun clubs, guns rights organizations, sportsmen. And I can get a free beer anywhere I go."

Mr. Spethmann, 71, a widower and retired salesman, said he moved from Germany in 1958, "and I'm proud to be in this country."

But after being handcuffed, fingerprinted and photographed, with his records now gone to the FBI, "I could have packed up and gone back to Germany."

Expressing gratitude for what the Watertown Daily Times has done for him, he said his experience has served a purpose for people in Pennsylvania, where gun registration is not required.

"People here didn't know they can't bring guns into New York," he said.

http://www.watertowndailytimes.com/...arged+over+gun+in+N.Y.+is+a+celebrity+at+home
 
A PA judge should issue a felony arrest warrant for that trooper on "civil rights violations" and bring him to PA and then hit him with a contempt of court charge and sentence him to a year in the county jail. That's how I would take care of troopers like that. They don't deserve any more due process than that.
 
A PA judge should issue a felony arrest warrant for that trooper on "civil rights violations" and bring him to PA and then hit him with a contempt of court charge and sentence him to a year in the county jail. That's how I would take care of troopers like that. They don't deserve any more due process than that.

A PA judge wouldn't have jurisdiction, it'd have to be a federal judge.
 
I am baffled. I am guessing it was a shotgun. Is it illegal to have a shotgun in New York if you are from out of state? What do out of state hunters do?
 
Before the inevitable "the law is the law" old timer gets on here and insists that the guy deserves whatever he gets for breaking the law, keep in mind that in a lot of instances, especially those involving gun rights or other unpopular issues, courts often rule that you can't sue to eliminate a law just because you don't like it. You often have to break said law, or provide reasonable evidence you would be prosecuted under certain circumstances before a court will affirm you have standing to sue/challenge the law.

So often, it's only by breaking laws and challenging them in court that abusive prosecutors and unfair/unconstitutional laws can be eliminated.

Personally, I would have read up on the laws involving guns before ever entering NY and I'm more than a little skeptical that this guy had no idea his handgun was illegal in NY. That's a pretty big issue to completely miss for 35 years. I'm glad however it came to light and I hope some more situations like this occur, highlighting the ridiculousness of NY's laws.

An interesting link regarding standing to sue...
http://armsandthelaw.com/archives/2005/04/standing_to_cha.php
 
Thats what i was thinking Wheelgun. So anyhow the law seems to be pretty stupid. hope they clear this one up.
 
Wouldn't Federal "Peaceable Journey" law cover this?
No. That law only applies if it is legal for him to have the gun at his origin and at his destination.
 
Mr. Spethmann, 71, a widower and retired salesman, said he moved from Germany in 1958, "and I'm proud to be in this country."

But after being handcuffed, fingerprinted and photographed, with his records now gone to the FBI, "I could have packed up and gone back to Germany."

:( That is just sad...
 
he remembered he had a gun in the trunk of his car. It was there, he said, because "I belong to a gun club. I target shoot, and I shoot skeet."
Why does anyone need to give a reason to own a gun? I don't belong to a gun club, I don't hunt and I don't shoot skeet. Why do I have a gun? None of your damn bushiness, officer.
The gun didn't have a firing pin, he said. "It was truly inoperable."
What the Frack? Who removes the firing pin from their gun when transporting? What's the point of even having an inoperable gun in the trunk? You can't take it to the gun club and use it to shoot skeet.
 
Here is a guy who does what he thinks is the right thing, and gets arrested for it. Way to go NY! Yet another reason to stay out of that God-forsaken state.

I can understand him not aware of the NY laws. Unless he is an avid gunny, he probably didn't give it much thought. Not everyone's life revolves around guns.
 
That's how I would take care of troopers like that. They don't deserve any more due process than that.

Now, that is not true. The trooper, just like the guy who triedto do the right thing, deserves due process before he's sent to prison. I just wonder how many others the guy has locked up, arrested, or otherwise harrassed.

Way to go NY! Yet another reason to stay out of that God-forsaken state.

Actually, it seems the State of New York did the right thing in this one. This problem was caused by one over zealous cop and, apparently though there are not many details about the call to the DA's office, one over zealous deputy DA (or secretary). Afterall, even the over zealous cop did make a call to the DA's office and the was told what to charge the guy with.
 
Some of you people kill me. Let's assume the one trooper was rude and obnoxious. Maybe that deserves a reprimand. You all want to send him to prison for enforcing a law. Now I know police have discretion in matters and this trooper exercised poor discretion. That doesn't mean he deserves to be convicted of a crime. The guy says the firing pin was not in the gun. Okay, did the police know this? Does it make a difference under NY law? We don't know.

Yell at the politicians for a stupid law. Yell at the trooper for being a jerk. But it frosts me that people are willing to crucify an officer when he has followed the law.

BTW, when you arrest somebody, you really need to cuff them. There's a police chief from a small town nearby who had repeatedly arrested a guy for public intoxication. Because he knew the guy, he handcuffed him with hands in front and put him in the back seat of the cruiser. This time, the drunk somehow grabbed the chief's extra gun and shot and killed the chief. If the chief had followed procedure and handcuffed him with hands behind him, he would probably be alive today.
 
In New York State, possession of a unregistered handgun is a misdemeanor if unloaded and a felony if loaded. Police Officers aren't firearms experts, to determine the operability of a firearm. The ballistics lab is required to do this. The lack of a firing pin, Mr. Spethmann's voluntary surrender of the pistol, and his age are most likely the reasons why the charge was eventually reduced to disorderly conduct, a violation. I find it difficult to believe Mr. Spethmann was ignorant of New York State handgun laws as Pennsylvania borders on New York. Had the Trooper vouchered Mr. Spethmann's handgun, without an arrest, for safekeeping until he returned from Canada, or handed the handgun back to him telling him to go back to Pennsylvania or get arrested, the Trooper would have been suspended and, after a departmental investigation, subsequently fired. Police Officers do have some discretion but only with minor infractions. Now, if you were the New York State Trooper Mr. Spethmann approached with his handgun, would you risk your career?
 
I find it difficult to believe Mr. Spethmann was ignorant of New York State handgun laws as Pennsylvania borders on New York.

Why? For 18 years I lived a 5 minute walk from the New York border and I didn't know their gun laws.

Not as unbelievable as you think it is. Especially if you're young or not born in this country like Mr. Spethmann.
 
A PA judge should issue a felony arrest warrant for that trooper on "civil rights violations" and bring him to PA and then hit him with a contempt of court charge and sentence him to a year in the county jail. That's how I would take care of troopers like that. They don't deserve any more due process than that.

Absolutely! In fact, since we're eliminating due process for the officer, why stop at prison? Why not just go to his home and execute him and his whole family?

Better yet, we'll tie him to a chair and torture his children in front of him before burning them all alive!

And we should do this because.....because.......he........did his job........

Oh well! He shouldn't have been a cop, right?

Damien, where you Henry the VIII in a previous life?
 
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