maskedman504: "Even if we disagree with the law, we must abide it. We can strive to change it through proper channels. However, to be ignorant of the law or disregard it and ask for for forgiveness after the fact is irresponsible. I hope this marine is not charged with a crime, but should he be, it is only because he did not educate himself before making his own decisions."
As far as the case in question, mm504, you're probably right. There is something missing in this analysis, however.
Before you can abide by a law, you have to understand it. Before it can be properly enforced, law enforcement personnel have to understand it. The way many laws are now written, an unambiguous understanding is nearly impossible to come by. One says this is what a law means and gives several reasons; someone else interprets it to mean something totally different with equally good reason...both in good faith. What then?
The point is that those who write the laws have a duty to make them clear, understandable and unambiguous. Our lawmakers think their duties lie elsewhere.
I have a NYS concealed carry permit. My permit is valid everywhere in NY state EXCEPT NYC. All my centerfire and rimfire handguns are listed on my permit and were required to be approved by a judge before I was given possession. Recently I ordered a cap & ball blackpowder revolver (Remington New Army) from Cabela's who had it delivered by UPS. Reading here and other places online convinced me that the New Army should be at least listed on the permit if not going the full route to a judge.
So I started at the county clerk's office where the handgun permits are issued. The lady there didn't have a clue as to what needed done or whether anything in fact was required. She referred me to the Sheriff. When I checked with the Sheriff, same story; they referred me back to the county clerk's office. Finally, while driving past the state police barracks, I pulled in and asked them. Again, deer in the headlights. They tried the county clerk and Sheriff gambits, but I'd already done that. After three or four officers consulted with each other, I finally got the "verdict" that nothing needed to be done and I should go and enjoy my new gun.
Nice to hear, but not very reassuring. I still don't know whether I'm legal or not. And this IN SPITE of doing everything I could think of to stay legal. So how do you abide by a law that no one knows how to interpret? How is such a law enforced in a fair rather than arbitrary manner? Guess I should be happy I wasn't charged with a felony and thrown in the clink.
As for NYC, another poster got it exactly right. "You couldn't pay me...."
