Sunday, January 22, 2012

QotD: That's It Exactly Edition

Seen at S.W.A.T. Magazine's Facebook page today:
"It is easy to find with individuals who fail to study all laws that may impact their travel destinations. However, the law loses its moral authority when it fails to distinguish between the criminal and the hapless or ill-informed citizen." -Michael Kobe
The spate of out-of-towners running afoul of NYC's draconian firearms laws despite their mens not being the slightest bit rea has attracted the attention of even CNN.
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21 comments:

Bubblehead Les. said...

I notice that CNN has not differentiated between New York State Law and New York City Law. Both are bad, of course, but the Sullivan Act should have been sent to SCOTUS a long time ago for disposal.

Tango Juliet said...

I stay away from foreign countries like New York and Cuba.

Anonymous said...

And New Jersey. Don't forget the People's Republic of Jersey. I live on the east coast of PA and I often carry my P12.45 with a spare Mag. If I cross the Delaware river and get caught...... unregistered semi-auto handgun with 24 rounds of hollowpoints.....I'd be lucky to ever get out of jail.

Axeman21

JD Rush said...

I click on the CNN story and it shows a static ad for the Ruger P345 in the video player. Is that a still from the video or a targeted ad from Google? Either way it is funny.

Joseph said...

Another reason to detest mandatory sentencing. They essentially have to prosecute these cases to the fullest or the law essentially means nothing. Perhaps it's time to repeal said law, kick the anti-gunner mayor out and allow the average citizens of NYC to enjoy the same rights as the Rich and Famous do.

John A said...

Erin M. Duggan, director of communications for the district attorney's office: "New York state has enacted rational gun laws..."

As Les noted earlier, even if that were correct these cases are about New York City law, which is a different matter. And while a CNN reporter might be excused for not knowing that, a member of the DA's staff certainly should.

Tam said...

John A,

New York City is governed by the Sullivan Act, which is indeed a state law.

http://en.wikipedia.org/wiki/Sullivan_Act

staghounds said...

"They essentially have to prosecute these cases to the fullest or the law essentially means nothing. "

Exactly. As a prosecutor, I would rather not be asked to make decisions based on the veteranhood, nice-guy-ness, wealth, Moslemicity, or hue of citizens.

If the law is bad then the DA's office's discretion should not be used to hide it.

Ryan Jerome, welcome to being Rosa Parks.

Oliver Perry said...

NY laws are terminally hosed. Frex, an M1 is not a firearm, and a field stripped M and P, when possesed in conjuction with a single round, is a loaded firearm.

My take here: http://anotherchairinthebarfight.blogspot.com/2012/01/ny-gun-law-triggers-confusion-cnn-there.html

SGB said...

New York is a lung devoid of oxygen for a month.

staghounds said...

The most astounding thing is the CNN story, which contains absolutely no

"OMG EVIL GUN !!!!!"

content, and is actually- gulp- pretty straight news.

Tam said...

staghounds,

That CNN story is proof that we're living in a very different world today, at least firearms-issue-wise, than we were even just ten years ago.

Anonymous said...

Doesn't the same thing happen in Indiana if you wonder onto the property of a day-care while carrying.
No evil intent is required to be prosecuted for carrying a gun (outside your car) on school or day-care property.

staghounds said...

Or when the hapless or uninformed motorist misses the speed limit sign and goes 55 through the middle of town.

That's the point, you shouldn't get to be ignorant of gun laws because you are nice otherwise, any more than you do speed or customs or tax laws.

Or murder laws, come to think of it, eh Mr. Shafia?

Tam said...

staghounds,

I'd put the typical speed limit about at parity with NYC's handgun laws in the "moral authority" department, in that I could violate either and meet my hypothetical maker with a clean conscience, if not quite the sense of self-righteous probity I'd feel for violating, say, a Fugitive Slave Act. ;)

The mere fact of something being jotted on the Twelve Tables doesn't automatically confer respectability, especially when it's inscribed below the guitar wood regulations and above the minimum legal size for nectarines.

Murder, however, is quite obviously malum in se.

Robert Fowler said...

My wife wants to go to NYC. I've told her to have a nice trip, I'll wait in Pa for her to get back. I went through there one time when I was driving a truck. The place looked nasty, I didn't stop.

perlhaqr said...

staghounds: If NYC puts up signs at the border detailing their 2A sodomising laws, I'll accept your point.

Anonymous said...

ok, for the second time, wtf does it mean?
I admit I am stupid, from Loudon County where the neighbors have been sendin 9mm and 3006 down range in their private range across the highway from me...thank God for Tennessee!

staghounds said...

You know I agree with the morality. What I'm artlessly trying to say is that the way to test the morality of a law (or policy) against the culture's morality is to enforce it.

Like it or not, a lot of law is cultural definition of morality. We all know that depriving people or not depriving them, of arms are moral acts, driven by cultural notions of right and wrong.

Even murder is cultural- what some call murder some others might not, for example "honor killings", blowing up weddings, or lethally injecting the retarded.

De Jure segregation down South couldn't survive rigorous public enforcement in the age of television. Maybe rigorous enforcement of gun laws will help kill them, too.

Circa Bellum said...

Loved the article this morning where Tennessee law officers warned New York drivers to be VERY careful driving through Tennessee...say, is that a banjo I hear?

DirtCrashr said...

Can't WAIT for NYC gun-laws to become like Robb's Florida ones, with teeth in them for "lawmakers" who obstruct being subject to a $5,000 fine and The City cannot expend public funds to defend them...