Saturday, October 14, 2023

Know The Law

     When you got your driver's license -- and in some states, when you renewed it* -- you had to pass a test to show you understood the rules of the road.  It might have have been a written test, a hands-on driving test or both.  When you drive, it is your responsibility to know and follow the law.

     The same thing applies to firearms.  While I expect you already know and follow the Four Rules, there's more to owning or carrying guns than the basics of safety.

     Wherever you live, there are laws that govern how and where you may carry.  There may be laws about storage of guns or ammunition, laws about preventing access by unsupervised minors, and so on.  You may have been required to get training and pass a test to get a carry permit, or you may have had to undergo a background check, or your state might one of the many like Indiana, where no permit is required to carry a handgun.†  Nevertheless, you must know and follow the law.  My state has very few limits -- but your employer can ban firearms on their premises under state law (lock it up in your car and the law protects you; take it out and you're on your own).

     The state of New York has strict gun laws and New York City's are even more so.  When a New York City Councilperson showed up at a pro-Palestine rally‡ on the grounds of Brooklyn College, she was breaking two or three laws: the state doesn't allow open carry, the city has designated educational institutions among "sensitive spaces" where carry is banned, and they don't allow guns at "public demonstrations and rallies."  Inna Vernikov got what you'd expect a serving politician to get: she had to hand over her carry permit (and presumably her gun) and will have to appear in court in a few weeks. It's about like a traffic ticket.  Most people in her situation would have been arrested and jailed pending initial arrangements.  She's still unlikely to walk away unscathed; the charges are a low-level felony.

     You may disagree with the laws of New York and the ordinances of NYC -- but neither disagreement nor ignorance excuses violating them.  The Councilperson (Ms. Vernikov is also an attorney) may have not not known them, or have disagreed with them, but she'll answer for it all the same.

     Know the law.  Follow it at least as well as you follow the rules of the road: you may speed from time to time, but you're unlikely to do so in a school zone when children are beginning or ending their day.
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* When I was first driving, Indiana required passing a written test when renewing a driver's license.  It wasn't a difficult test but it was more than pro forma.  Study guides were sold at news stands, drug stores and grocery stores.
 
† Indiana does still issue a License To Carry Handgun in order to maintain reciprocal agreements with states that still require permits, and if you're going to carry a sidearm, I think it's a good idea to get the license.
 
‡ Most news stories report she was at a rally in support of Palestine.  Others say there were "dueling rallies" on opposite sides of the same public space and the other one was in support of Israel.  Which one drew her attention and which one she spent the most time at is immaterial with respect to the law.

4 comments:

  1. "She's still unlikely to walk away unscathed; the charges are a low-level felony."

    Depending on what a "low level" felony is, s'pose a conviction might end her gun privileges altogether?

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  2. That's how felony convictions work.

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  3. Understand. Just wondering if the "low level" distinction might allow some weasel room for "certain folks" with good attorneys. Wouldn't be a novel occurrence.

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  4. That's not how it works. Felony conviction = no guns. Charges might get downgraded to a misdemeanor, but that's a different thing, and pretty normal horse-trading. OTOH, NYC has a tough reputation when it comes for firearms charges.

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