Don't trust law enforcement, EVER

[MicaelS]

Falls under the category of trying to do the right thing and getting arrested. http://www.watertowndailytimes.com/article/20080724/NEWS03/691090792/-1/news/Gun+s+owner+cited++fined

Gun's owner cited, fined

ALEXANDRIA BAY — A 71-year-old man from Pennsylvania thought he was doing the proper thing Tuesday when he stopped at the state police station here to surrender a handgun he had brought into the state. Erwin Spethmann's proactive approach cost him a $100 fine. He doesn't know it yet, but Jefferson County District Attorney Cindy F. Intschert said Wednesday that she may try to get his money back for him, and clear him of his disorderly conduct conviction. Mr. Spethmann, from New Ringgold, near Pottsville in eastern Pennsylvania, was on his way to Canada when it occurred to him that he might have a problem at U.S. Customs on Wellesley Island, according to a state police investigator. He was carrying a .22-caliber semiautomatic pistol. Before approaching the Thousand Islands International Bridge, Mr. Spethmann got off Interstate 81 and drove to the state police station to turn in his gun. Even though the weapon may be registered in Pennsylvania, it is not registered in New York, making it illegal to possess it here. The state trooper who greeted Mr. Spethmann telephoned the district attorney's office to seek advice. An assistant district attorney told the trooper to arrest Mr. Spethmann on a charge of fourth-degree criminal possession of a weapon, a misdemeanor, the investigator said. Because the traveler surrendered the gun, and himself, the district attorney's office immediately made a motion to Alexandria Town Justice Sherry L. Pennington to reduce the charge to disorderly conduct. That accomplished, Mr. Spethmann pleaded guilty, was fined $100, and was let go to continue his trip.

And cops wonder why there is universal distrust of them. I used to fall under that category of "Support Your Police", not anymore.

[PDJane]

1. I fell in that category.......

until:

a) Trying to take an OTC pain pill got me picked up for drugs and
b) I married a member of the local constabulary.

[AtheistCrusader]

2. The Police didn't cause this.

They asked for instruction from a DA, and got it. Blame the District Attorney, and New York in general. The Officer was just doing his job, as required by law.

[MicaelS]

3. Bull...

Cops choose all the time which laws to enforce, and which not to. But you are right about one thing, it's just another example of New York's fucked-up legal system.

[AtheistCrusader]

8. Perhaps

But he really brought that upon himself. Change the item from a gun to some other form of controlled substance. Preferably something that is legal in one state, but not in another. Same problem. He should have called ahead, or gone back, or mailed it to himself, or any number of things. If you walk up to a cop and offer him a pound of weed that might be legal for you in your home state under some medical marijuana law, but isn't legal in the state you are standing in at the time, you are boned.

I don't blame the police. I acutally prefer to see them not playing interpretation games with the law. Enforce it, let the courts sort it out. If the law sucks, blame your legislature.

[iverglas]

4. what am I not getting?

Mr. Spethmann, from New Ringgold, near Pottsville in eastern Pennsylvania, was on his way to Canada when it occurred to him that he might have a problem at U.S. Customs on Wellesley Island, according to a state police investigator.

First of all, if his concern was with *US* Customs, then he was obviously intending to transport the firearm into Canada and back into the US -- no one deals with US Customs when *leaving* the US.

He might not have had to worry after all. He might have been arrested for attempting to traffic a firearm illegally into Canada.

Or he might have said "yes" when asked whether he had any firearms, and turned it over, and gone on his way, and picked it up on his way back. I suppose that could have been what he was planning ...

He was carrying a .22-caliber semiautomatic pistol. Before approaching the Thousand Islands International Bridge, Mr. Spethmann got off Interstate 81 and drove to the state police station to turn in his gun. Even though the weapon may be registered in Pennsylvania, it is not registered in New York, making it illegal to possess it here.

So he was evidently aware that he was illegally in possession of a firearm in NY state. That illegal possession did not start when he walked into the police station.


Isn't this where someone usually mentions Darwin?

Don't wanna get arrested for being illegally in possession of a firearm in NY state, leave the firearm in Pennsylvania.



typos fixed

[davepc]

5. It's not agaisnt the law to mearly drive through a state with a gun.

TITLE 18 > PART I > CHAPTER 44 > § 926APrev | Next § 926A. Interstate transportation of firearms

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

He shoulden't of gotten off the highway.

[iverglas]

6. well, for anyone who ever wants to know

The US Embassy's accurate info for US residents travelling to Canada:

http://www.amcits.com/weapons_into_canada.asp

Weapons are strictly controlled. Visitors bringing firearms into Canada, or planning to borrow and use firearms while in Canada, are required to declare the firearms in writing using a Non-Resident Firearm Declaration Form.

* Travelers should be advised that certain knives, even those used for hunting and fishing, may be considered prohibited weapons.

In all cases, travelers must declare to Canadian Customs authorities any firearms and weapons in their possession when entering Canada. There are often facilities near border crossings where weapons may be stored, pending the traveler's return to the United States, but this should be done before attempting to enter Canada.

* Canadian law requires that officials seize firearms and weapons from those crossing the border who deny having them in their possession.

Seized firearms and weapons are never returned.

Presumably, if his firearm had been locked in his trunk or in a locked receptacle in the vehicle, if it had no trunk, he would not even have had to declare it at US Customs on the way back. Dunno what his problem was. He thought it was okay to drive around NY state with it in his car when he entered from Pennsylvania, but not if he entered from Canada?

Shruggie.

[benEzra]

7. Had he stopped and had the police hold his gun for him in New Hampshire or Maine...

they probably would have smiled and wished the gentleman a nice day, instead of arresting him, and would probably have spent a few minutes chatting about gun stuff. And they would almost certainly NOT have called the DA over it.

He could have stopped at a gun shop and had them ship his gun to his home or to a gun dealer in his home state, as well (that would have been perfectly legal).