Should Gun Rights be Reciprocal Among States? Tenn. Women Arrested in NYC for Carrying Legal Gun

REASON ^ | 12/30/2011 | Nick Gillespie

[SeekAndFind]

The New York Post (founded by Alexander Hamilton, but don't hold that against the current version) reports on the strange case of Meredith Graves, a 39-year-old medical student and nurse from Tennessee who was arrested for illegally carrying - and voluntarily surrendering - a gun at Manhattan's 9/11 Memorial. Graves is licensed to carry in Tennessee and was in New York for a job interview, reports the Post, when she and her husband visited the memorial. Upon seeing a sign saying no weapons allowed, says the Post, she realized she was carrying a .32 caliber pistol and inquired about how to declare it:

When she got to that section, she asked another cop, “We have this gun — can we check it in here? We [my husband and I] are not law-enforcement.”

That’s when she was arrested.

Graves, who has a full legal carry permit in Tennessee, was locked up on a weapons-possession charge and held on $2,000 bond that she posted yesterday. She is due in court on March 19.

She’ll soon find out exactly how serious New York City is about illegal guns. The Manhattan DA’s Office is pursuing a conviction on felony gun possession — carrying a minimum sentence of 3 1/2 years....

The Post quotes her mother making the case that gun rights should not be subject to state infringements:

“You’d think states would reciprocate with the Second Amendment. She has a license to carry in Tennessee,” said her mother-in-law, who lives in Manchester, NJ.

Bonus anonymous Volunteer State voice whose opinion of New York probably couldn't have gotten any lower anyhow:

“Everyone down there carries, and she just forgot,” said the woman, who would not give her name. “She was being honest, and this is the treatment they give innocent people.”

The Post notes that Mayor Mike Bloomberg has made a huge push against illegal guns in the city.

Whole story here.

So what do you think, kind readers? While I think most reasonable people would agree that prosecuting such a case is a monumental waste of law enforcement resources, what about the case for reciprocity in gun laws? Assuming New York's and the city's laws pass constitutional muster, isn't this just one more case of respecting local differences (ironically, that sort of federalist-localist claim is more typically associated with the South than New Yawk City)?

If every place in America is forced to be just like every other place when it comes all laws and regulation and taxes and collective bargaining and trans fat and this and that (including gay marriage, come to think of it), isn't that supposed to be a bad thing? Or should the standard for gun rights and many other things (free speech, religious liberty, not having to quarter soldiers, etc.) ultimately be set at the highest level possible? What do you think is the way to decide which rights get special protection and which ones don't?

[moose-matson]

Have you ever left your house, especially to travel to another city, and forgotten that you were carrying? I bet you never did. In fact, based on your silly “it’s so light” excuse, my bet is that you do not carry at all.

[reaganaut]

Good point I had not considered that.

[reaganaut]

Who here has ever been out and suddenly “realized” that he was carrying a sidearm?

- — -
No one. But that is also why I carry on my person and not in my purse or just leave it in the car (I know people who do). My gun is where I can control it at all times.

[Chode]

states hell... an UPSTATE NY CCW isn't valid in the Big Sh!ty

[Bayan]

If you carry a weapon you have an obligation to be compliant. I always check guns laws for the relevant states, etc. when I’m traveling, it is just part of the drill. Your philosophy on gun ownership, the 2nd Ammendment, concealed carry, etc. doesn’t really enter into it unless you are trying to be Rosa Parks. Recognizing reality is just good common sense,

[reaganaut]

IIRC, Omaha NE is the same way. They have different rules than the rest of the state.

[reaganaut]

I make my mother a booklet of laws for the states she travels so she has it as a handy reference.

[moose-matson]

I seriously doubt that this woman, traveling from TN to NYC, staying in a hotel, forgot for one second where her weapon was....if she did then she is too stupid or too irresponsible to carry one.

I carry. I train others. Rules 1, 2 & 3 ----- Safety, safety, safety. And that starts with always knowing where your weapon is and its status.

As for this story, imo, the woman was an idiot...the cop did his job...the ADA is reaching...the woman will plea out to a lesser charge...pay a fine...not get the job....never return to NYC.

[GlockThe Vote]

I have a NYS Full Carry. I live in Westchester literally on the border of NYC.

I know full well never to cross that line when carrying. Everyone knows that NYS and LI are ok for the license, but NYC is no mans’ land even for permit holders.

[reaganaut]

Does TN have a CCW course? My state doesn’t. Of course, our high schools have shooting sports teams and everyone goes through hunter safety at 12.

All I had to do was go to the sheriff’s office, fill out a form, wait for it to come back (took 5 days) for the background and mental health check, and pay the fee (which you don’t pay if you don’t get one). Poof CCW.

[xrmusn]

It wasn’t legal in NYC, regardless of whether their law is just or not.
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
I may sympathize with her but she is wrong.
I carry 105% of the time and am really taking a chance but unless they do ‘gun check points’ like ‘DUI’ checkpoints I am not really concerned BUT know I am in the wrong -at least according to the ‘state’s laws’.

That said, IMNSHO, this lady should have known better seeing as her mother is in NJ - which isn’t exactly gun friendly either.

Ayn Rand (Galt) predictions are coming true - they make enough laws and before you know it ‘everyone’ is a lawbreaker.

Since states like NY, MD, NJ call it a felony gun charge does this mean VA will withdraw my permit if convicted because I have become a ‘felon’?
Does this mean I will not be able to vote?

NY, MASS virtually demand that we recognize Johnny/Teddy marriages while refusing to respect the laws of other states, albeit selectively.

[panaxanax]

I agree 100%

I’m sure she’s heard it a thousand times in the last few days, but I’ll say it again “Ignorance of the law is no excuse”.

It sucks that she will most likely do time for this.

[Gene Eric]

>> The Manhattan DA’s Office is pursuing a conviction on felony gun possession

Hitler would be proud.

[jcwky]

She should return to Tennessee and refuse to appear in NYC court. When asked, the state of Tennessee should refuse to extradite. Also, the Govenor of Tennessee should call the Govenor of New York and indicate that Tennessee will refuse to cooperate with New York law enforcement in any way or refuse to process ANY extradition requests until the Govenor of New York gives her a FULL pardon, exponges her record or drops the charges completely.

May not work, but definitely sends a message.....

[reaganaut]

Yep.

[Gene Eric]

>> but this is her fault.

Fault implies she did something wrong. Perhaps NYC law is at fault with the Constitution.

[Cold Heart]

Happens all the time to people who carry daily.

Brother-in-law was stopped at the metal detector at the airport. Showed his cc card and the friendly cop let him take the gun back to his car and still make the plane.
Two months later he got a ticket in the mail for $1200.

An aquaintance of his did the same thing a year later and they through him in jail.

[calex59]

Talk about stupid. Is she totally out of touch with the way NY is about guns? Why in the world did she mention she had the damn gun in the first place. Keeping your mouth shut is the easiest way to avoid trouble if you make a mistake such as this one. Wait until you are back in your hotel, take the gun off and put it in your luggage and then leave NY as fast as you can.

[Cold Heart]

When it comes to guns I really pay attention to the laws.

However the “ignorance of the law is no excuse” should go the way of the dodo bird. There are 7000 pages of law in Obamakare alone which is only the tip of the iceberg of all the laws which have been foisted upon us. We are approaching whatever is not illegal is mandated.

I did see a chip in that ignorance is no excuse in court once. A potential jurer was dropped by the DA when her answers to his questions were all “the law is the law”

[chaosagent]

Here’s a question.

Is it possible that the ‘No Guns Allowed’ sign was kind of a trap?

If no guns are allowed anywhere in the city for anyone, why else would you put up a sign like that?