Legally armed Tennessean shocked at NYC 9/11 Memorial arrest, Where can I check this?

[deepdiver]

How extraordinary if enforcement of outrageous gun laws against out-of-staters would finally turn a hoplophobic tide that NY natives couldn't even slack.

 

[okboomer]

My understanding of the Bill of Rights was that it was put in and agreed upon by all the states in order to become states because some of the first states wanted to make sure the Federal Government did not overstep its boundaries. But, by incorporating and agreeing to the Bill of Rights when they became states, they are bound by them as well.

Also, many states incorporated the Bill of Rights (modified to represent the People from their State) in their own State Statutes ... so, not only has Bloomer violated the 2A and 4A rights of a soveriegn citizen of another state while visiting NY, they are abrogating a state issued license (which then falls under the Commerce Clause?) ... so, if NY can deny the 'legality' of one license, what keeps them from denying the 'legality' of another license such as a driver's license because one state doesn't test on a particular driving skill? Can you imagine the FUBAR if states' started requiring relicensing for driving in their state? That is the slippery slope NY (and HI) are on. Confusion: a right is denied, a priviledge is allowed?

I remember when I was stationed at Camp Lejeune, NC and I was riding my motorcycle to and from base ... on my Oklahoma driver's license which did not require a seperate motorcycle endorsement, but NC did require a seperate endorsement. As far as the state of NC was concerned, as long as I was operating in accordance to the licensing of my state, I was not required to acquire a NC endorsement (and the exemption of residency was conferred by me being Active Duty).

The marriage license example has been used, but that one doesn't fit the bill as there are still several states out there which don't recognize same-sex marriage licenses ... and there are plenty of inheritance denials to show this bigotry is still alive and active.

 

[okboomer]

But I disagree that "Now we have two cases of otherwise law-abiding citizens that instantly became criminals for mere possession of a tool." They became criminals because they violated a law. Since they are not cops, the fact that thery might not have known what tey did was illegal does not matter.

But, isn't this the point where mens rea comes into play?

mens rea - As an element of criminal responsibility, a guilty mind; a guilty or wrongful purpose; a criminal intent. Guilty knowledge and wilfulness.
A fundamental principle of Criminal Law is that a crime consists of both a mental and a physical element. Mens rea, a person's awareness of the fact that his or her conduct is criminal, is the mental element, and actus reus, the act itself, is the physical element. ...

Perhaps if indicted by the grand jury, her PUBLIC DEFENDER can get the charges dismissed for lack of mens rea?

 

[okboomer]

In re Wickard v. Filburn:

The true evil of the ruling in Wickard is that it supported the government's position that they don't have to demonstrate interstate commerce, nor even intrastate commerce: they need only claim that an activity could affect interstate commerce by third parties.

I haven't read the ruling, but IIRC, there was also an element that by growing and feeding his own wheat, he was not participating in inter-state commerce, harming interstate commerce (not paying $$ to transport, or sell/buy), and then he sold the poultry to a processor without having paid the $$ everyone else was, basically making a profit without paying for the 'priviledge' of making a profit ... totally circumventing the carefully crafted taxation process. Sorta like a government issue mouse.

 

[acmariner99]

People forget the 10th Amendment. Anything 'not specifically listed' as being the responsibility of the federal government is the responsibility of the states. Freedoms of speech, religion, assembly, the right to a lawyer and a trial by peers, voting rights -- all of those rights are UNIVERSALLY applied nationwide. Why not the 2nd Amendment? I understand the worry about those in DC wanting to equally strip that particular right away. But I think it is appalling that this is technically a victimless crime and this woman's life will be ruined if the goons in NYC have their way. Yeah you need to know the law when you cross state lines when it comes to firearms. But I think this case is good cause to push for national right to carry.