Home Forums Hunting & Shooting Hunter's Campfire Marine tells NYC...

"Thanks, but no thanks. Drop the charges."

http://www.nypost.com/p/news/local/manhattan/marine_guns_for_justice_05EOcnIUm6c0srRyvstywM

Manhattan prosecutors have quietly offered a no-jail, misdemeanor deal to the retired young Marine who'd been facing a mandatory 3 1/2-year prison sentence after trying to check his Indiana-registered handgun at the Empire State Building, court papers reveal.

But the former tow gunner, Ryan Jerome -- who has garnered letter-writing support from hundreds of current and former Marines from across the country -- is saying no thanks, and continues to ask that the case be dropped altogether.

The DA's conciliatory move -- and the fact that it's been on the table for two months -- was revealed in a letter filed in Manhattan Supreme Court.

Throughout the two months, Jerome has argued through his lawyer that he does not deserve any criminal record -- felony or misdemeanor.

"We continue to believe the case should be dismissed outright," said Jerome's lawyer, Mark Bederow, declining to discuss the negotiations.

Jerome, 28, is a West Bend-based jeweler, and had brought his legally-registered .45-cal Ruger to New York on a business and pleasure trip because he was transporting $15,000 in gold to a Long Island refinery, he argues.

He was arrested during a visit to the Empire State Building, when he alerted authorities to the gun after seeing a sign that said all weapons must be checked.

It is a felony -- carrying a 3 1/2-year mandatory minimum sentence -- to posses any gun in New York, even one legally registered elsewhere, unless it is registered in New York. Prosecutors typically use discretion in charging folks caught with guns, sometimes offering pleas to misdemeanors as in Jerome's case, but almost never dismissing the charges outright.

Before coming to New York, Jerome had looked at a website that described which states he could legally bring his gun to -- but was confused by how the columns were formatted on his screen and sincerely believed that his Indiana license was sufficient here, his lawyer has argued.

"The New York District Attorney's Office is offering to allow your client to plead guilty to a single Class "A" misdemeanor in full satisfaction of all charges," said the letter, addressed to Jerome's lawyer from the prosecutor heading the case, Joseph Davis.

"This plea deal is made available to your client with the understanding that should he decide to accept said offer, he would be sentenced to pay a fine of $1,000.00 and required to perform 10 days of community service at a place both parties could agree was appropriate," the prosecutor's letter read.

Jerome is due back in court March 20 to learn if he has been indicted.

Read more: http://www.nypost.com/p/news/local/...ice_05EOcnIUm6c0srRyvstywM#ixzz1mHabm5wA

I really hope this works out for him.

This one might be a good case for the SC to look at. While he clearly broke NY law I see no where he should not be covered under the second.

That's a tough spot for a NY defense attorney to be in.

I wish him well, but it IS NYC.

That is probably a pretty dumb move. New York juries are pretty much scared of guns. They aren't going to cut him much slack for being a Marine. They will likely convict. And regardless of jail time, he'll have a felony conviction.

Take the misdemeanor, pay the fine, and consider it a stupidity penalty for relying on a website for legal advice. He could have pulled up any of a thousand attorneys in Manhatten and made a two minute telephone call and been told that he couldn't do what he thought he could.

A good case and hope it goes all the way to a definitive answer/solution. Seems a law abiding citizen is instantly a criminal when the plane or ones rig reaches New York. What is a law abiding citizen to do? Have the authorities met one at a border crossing? If that's the case, we should have a visit New York day where 40 or 50,000 of us show up at the same time.

It is a good case if you're not the one sitting in lock-up while it gets good.

Marines are hard heads. I like his spunk. Go for it. The SCOTUS needs to fix this once and for all. War hero, exercising his God-given right to life . . . go for it Marine!

Let's hope his arsehole doesn't end up looking like a coffee mug before all is said and done.

Short of SCOTUS, he is likely screwed. He sounds pretty dam guilty and I doubt that pressure from outside of NYC will have much is any effect on the political powers there, in fact its likely to backfire.

The issue is the signage requiring firearms to be checked, then the arrest when he attempts to comply.

That, in addition to the Full Faith and Credit aspect, and frankly to NYS getting REALLY antsy about NYC putting the whole state's pecker in a ringer over the 2A violations.

I live in New Jersey and work in NYC, both states suck when it comes to firearms, especially handguns. I guess the 2A applies to everywhere except New York and New Jersey! I think Ryan should reconsider, look at what they did to Plaxico Buress and he had an expired Florida permit. Good Luck Ryan!

Sean is currently feeling your pain,NJelk.

Just for the sake of argument ...

Wasn't he in violation of NYC's laws before he read the signs?

Wouldn't the requirement to check firearms without consequences only apply to someone who's legally carrying?

He was in violation prior, but he was not prompted and induced to self-incriminate prior.

A Death Ride through the court system all the way to the top sounds romantic and noble, but is probably better reserved for those that have no option or who face minor consequences. In this case, he could get a felony conviction and a 3 1/2 year sentence, or, he is basically being offered a get of jail free card.

The Empire State building is a private entity and can put up any signage it wants.

No disagreement at all. The cop, however, wasn't private.

Not necessarily. It's a misdemeanor firearms violation. That could very easily result in a loss of employment or employment opportunities for him, depending upon his career path, and very likely result in the revocation or denial of a concealed carry permit in many jurisdictions.

So, no, it's not a get out of jail free card.