Thoughts on this?

[Ex Army MP]

Okay, this happened in the county where I live, not where I work. Nevertheless, I will refrain from giving an opinion because I don't think it's appropriate. But I'd like to here from others.

Philly Mom Facing Jail Time for Possessing Licensed Gun | NBC 10 Philadelphia

[moparfan]

Although she did do the right thing in telling the officer she had a firearm. However she should know the legalities of her permit to carry and where she can carry said firearm. Shame on her for not knowing. If its a violation to have armor piercing ammo then she again should be dinged. For what ever reason officer did what he did and I am not going to knock him for that. We all know the saying letter of the law and sprit of the law.

Its like we all know we can not go 110mph down the highway in what ever state we are in, its the same when we go to another state. Should the judge and DA show some mercy sure. Should there be a nation wide carry law where all states recognize a permit to carry sure its called the 2nd Amendment, but that's another topic.

it will be interesting to see how this plays out.

[So Fla Cop]

I need an answer on this first....

armor penetrating bullets?

[jdthor]

Article said she had hollow points in her pistol.
Personally with no record and being upfront im shocked the Spirit of the Law and officer discretion wasnt used if the story is totally accurate.

Then again i dont like judging what others do when i wasnt there.

[Max K]

Two similar cases in New Jersey:

In the first one, a man was sentenced to 7 years in prison. That sentence was later commuted by Chris Christie.

http://abcnews.go.com/US/brian-aitken-jersey-gun-charge-commuted-gov-chris/story?id=12448867

In the second example, an ex-cop was sentenced to 5 years in prison:

http://www.thenewspaper.com/news/41/4110.asp

[PtownVAMike]

Again, the headline makes it appear that a citizen is being punished for obeying the law. But once you dig into the story, then you find out it's much more complex than that.

Of course I'm not suggesting that the book be thrown at her; I hope she gets leniency too. But there are numerous laws which state that it is legal to do X in some circumstances, but illegal in others.

[Ex Army MP]

Article said she had hollow points in her pistol.
Personally with no record and being upfront im shocked the Spirit of the Law and officer discretion wasnt used if the story is totally accurate.

Then again i dont like judging what others do when i wasnt there.

I will say this. I don't believe the officer has discretion here because even prosecutors don't. In just about every type of crime, assistant prosecutors have a great amount of discretion. Handguns, however, are an exception. Anything short of a five year , must serve three year, prison sentence plea offer requires approval of higher ups. Moreover, every hand gun case has to be reported to the AG's Office.

I have never heard this argument when as it applies to handguns, but I wonder if anyone has ever argued Full Faith and Credit, which is on the Constitution, when it comes to gun cases.

[jdthor]

Sounds like from all the above articles you have no choice in the matter ,I had heard NJ had some weird ideas but damn,Cops moving being arrested for having weapons in cases,people arrested for having guns in trunks not even put together.

Yall need to take over TSA .

[retired]

I can't remember a time in my career that I needed an arrest so bad that I would arrest a person from another state, who has a clean record, and who has a permit from that state. Too many other jerks out there to take off the streets.

[VA Dutch]

The "full faith and credit" clause of the US Constitution is Article IV, Section One:

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

Seeing as a concealed-carry permit is a judicial proceeding in most every state (much like a marriage license), it would stand to reason that every state MUST honor one from another state. If the gays can marry, then why can't we carry? :-)

[So Fla Cop]

The "full faith and credit" clause of the US Constitution is Article IV, Section One:

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

Seeing as a concealed-carry permit is a judicial proceeding in most every state (much like a marriage license), it would stand to reason that every state MUST honor one from another state. If the gays can marry, then why can't we carry? :-)

Only married gays can carry.

[11b101abn]

Eff that copper for enforcing such an arrgious statute.

How anyone can abide being the police in that state is beyond me.

[So Fla Cop]

Eff that copper for enforcing such an arrgious statute.

How anyone can abide being the police in that state is beyond me.

What?

[ArmyVet]

While I believe she probably deserves some leniency, and that there should be more reciprocity between states, she bears the full responsibility for knowing the laws of each state she travels through. I can't imagine getting a concealed carry permit anywhere and not knowing that it is not valid in all states, just as it is still illegal to carry in certain places within your state. That information is readily available and is usually covered in mandated classes or provided in an information packet. Ignorance is no excuse.

[Max K]

I can't imagine getting a concealed carry permit anywhere and not knowing that it is not valid in all states,

Okay, but what about the guy who was sentenced to 7 years in prison for having his two disassembled guns (legally owned) locked in the trunk of his car? The primary take-away message here is that the state of New Jersey is extremely hostile to gun rights (like Mexico).