Charged in NYC with Criminal possession of a weapon 2nd degree while leaving NY airport on vacation!! HELP!?
I was in NYC from the 7th to the 12th of this month. I followed all TSA rules and turned the gun into my local airport (New Orleans) and set flight for my vacation. I never carried the gun on me while staying in Long Island City (queens) When I got ready to leave on the 12th at 11:30am from La Guardia is where the problem began. I went to the American Airlines check in counter and declared that I had a firearm and the lady gave me the paper to put in the case. As she gave me the paper she called NYC/NJ Port Authority. They arrived and asked if I had a permit to own the gun. I said no as it is not required in Louisiana. The officer asked where did I stay and I told him Long Island City and he said that it was a felon. He asked for me to unlock the case and I did. Inside the case I had a UNLOADED Glock 22 .40 with 2 EMPTY magazines with a speed loader and a box of ammunition. The officer says that this is a problem as it is considered to be a loaded firearm and charged me with Criminal Possession of a weapon 2nd degree. I was booked and saw the judge who allowed me to be released to come home to LA but return for court on the 27th of this month. I am only 18 years old and have a 100% clean record. I've spoken with an Attorney in NYC already who said she should be able to get this taken care of with no jail time, but what do you legal guys from NYC think?
Law & Ethics - 3 Answers
Random Answers, Critics, Comments, Opinions :
1 :
i think the supreme court ruled the state can no longer control your right to carry.i would be the first to test this like the guy did in dc and won.push this to the top.you broke no law.they are tramping on your right to carry a gun.
2 :
I think your attorney is right. It's not a very serious issue, since the gun was unloaded and the magazines were empty. You may have to pay a fine for violating some procedural stuff that you probably didn't know about (like the magazines have to be kept in a separate case, etc. etc.). Remember that each state in the US has different gun laws. Unless you absolutely need to take your gun while traveling (which I don't see why an 18 year old would need to), just leave it at home and avoid the hassles.
3 :
NYC laws are very strict and Mayor Bloomberg demands the courts enforce the minimum 1 year in jail. Pray your lawyer can get this thrown out. The is not procedural but a felony
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