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After 9/11 Memorial Gun Arrest, NY Pols Wonder If Gun Laws Are Too Strict
By
Jen Chung
Published Dec 31, 2011
Modified Dec 31, 2011
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By
Jen Chung
Published Dec 31, 2011
Modified Dec 31, 2011
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After a Tennessee resident was arrested on felony gun possession charges after checking her 0.38-caliber gun in at the National 9/11 Memorial, NY State politicians are now wondering if our gun laws are maybe a little too much. Medical student Meredith Graves did have a permit to carry the gun in Tennessee, but she didn't have a permit to carry it in New York (because that's what all tourists need in New York—their own guns), so she was in jail for days, including Christmas. And her plight has touched even Assembly Speaker Sheldon Silver.
Pointing out that Graves checked in her gun at the memorial when noticing the "no guns" sign, Silver told the Post, "Her actions show a clear indication that she didn’t know she was breaking the law, and when she saw the sign, she said, ‘OK, I do have a gun. Take it from me.' There was no criminal intent." Is it criminal intent to have a gun when you're famous and you, say, go to a nightclub and accidentally shoot yourself in the leg? Just asking!
The minimum sentence for felony gun possession is 3 1/2 years. The Post reports, "Silver noted that under the current law, the Manhattan DA and a judge can show her leniency only before she is indicted by a grand jury. After that, they are bound by minimum-sentence guidelines," and the Manhattan Democrat said, "The judge can show flexibility, and I think it should be done here." (Silver is apparently not a Giants fan!) Republican Assembly Minority Leader Brian Kolb added, "That is so ridiculous. She had a legitimate permit for the gun in Tennessee. I just think that’s the wrong message to send to a law-abiding citizen." That's probably why the Wall Street Journal had an editorial in 2008, "Free Plaxico Burress":
To be sure, Mr. Burress got caught because of what appears to have been stupid and irresponsible behavior connected with the handgun. But he does not face prison for shooting himself. His impending mandatory sentence highlights the unfairness and unconstitutionality of New York City's draconian gun laws.
Mr. Burress had previously had a handgun carry permit issued by Florida, for which he was required to pass a fingerprint-based background check. As a player for the Giants, he moved to Totowa, N.J., where he kept a Glock pistol. And last Friday night, he reportedly went to the Latin Quarter nightclub in midtown Manhattan carrying the loaded gun in his sweatpants. Because New York state permits to possess or carry handguns are not issued to nonresidents, Mr. Burress could not apply for a New York City permit.
At the nightclub, the handgun accidentally discharged, shooting Mr. Burress in the right thigh. He was not seriously injured, but he has been charged with criminal possession of a weapon in the second degree...
Mr. Burress's behavior was bad. However, Mr. Burress is not facing prosecution for carelessness, but simply for carrying a weapon. This is unjust and perhaps unconstitutional.
City Council Peter Vallone also thinks it'd be good for NY to be more lenient of other states' gun laws.
For what it's worth, the "white powder" found in Graves' purse was determined to be something that's NOT cocaine.
Tagged
9/11 memorial
gun
gun control
meredith graves
ny state
plaxico burress
sheldon silver
Jen Chung
Jen Chung is a former WNYC and Gothamist editor.
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Gothamist is funded by sponsors and member donations
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