Marine says NO!

[Sheldon]

Link Removed
OORAH he may just be the hero to shoot down the illegal NY gun laws! :up:

 

[cgiven1]

No. If the state presses it, he will lose. Although he made an honest mistake, mistake is not a defense agsinst the crime. I'm not saying I agree, in fact I moved from NY to Texas in part to get away from the nutty gun laws. I just don't think with the current state of affairs that he will win. Also, no way the Supreme court takes the case because they don't seem to have any inclination to accept cases involving illegal possession.

 

[Rhino]

Already being discussed.

http://www.usacarry.com/forums/politics/22790-marine-refuses-take-plea-deal.html

 

[Deserteagle]

He is guilty of a crime whether we agree with the law or not. He will be found guilty and will no longer be able to own a gun after his 3.5 years in prison. Stupid decision in my opinion.

 

[nogods]

I think his attorney laid out a good case for dismissal in the interest of justice. Hopefully the DA will agree and dismiss the charges, or at least allow him to plea to a violation instead of the proposed misdemeanor.

Another possibility: The DA is not required to tell the grand jury of any exculpatory evidence, even if it was valid evidence (however, ignorance of the law is not a valid defense), but the DA can present any information to the grand jury, including the evidence that the marine thought his permit was good in NYC, even though that would not be a valid defense. Then if the grand jury refuse to indict, the DA is off the hook - he just blames it on the grand jury.

 

[Rhino]

That would be a nice outcome.