Update...Ranger in trouble

[rangermonroe]

Here is the body text of the letter I sent to the NRA this Morning
National Rifle Association
Office of General Council
Dear Sir,
A few weeks ago I contacted this office via fax letter to inform you of my arrest in New York’s Albany airport for criminal possession of a firearm (4th degree). A young lady called me last Thursday from your office, and she directed me to Susan XXXX, a private investigator in NY.
I spoke with Susan today regarding this case. She provided me with some alarming details of the rabid anti gun district attorney’s cases in Albany. She spoke of some 785 cases this year in New York for violations similar to mine.
She also suggested that I contact council and pay him, pay a fine, and surrender my gun.
"Owen, this is hopeless to fight. I cannot in good conscience recommend that you pursue this". The upshot is that if the DA is in a good mood, then I may only be charged with a "summons" instead of the "misdemeanor" that I currently am facing. My court date is DEC 29th.
I do not believe in fighting foolishly.
Nor do I believe in running away from a fight just because I cannot foresee the outcome.
These are some of my thoughts on this matter.
I am willing to put my name and reputation on the line for this fight, and am willing to go to court and represent myself, if need be. I believe that this should be brought to a jury.
I am a firefighter, working for the city of Savannah, Georgia. I routinely risk my life for the safety of others. I have spoken with my superiors, and they have offered me latitude to address this in court, so my job is not in jeopardy.
I believe that this law (New York Penal code 265.10 sub 1) has it’s intent clearly spelled out in the "exceptions" portion (section 13 in particular), and that this will be evident to a jury.
The activist DA who is prosecuting these cases, like the bully in the schoolyard, will continue to do so if left unchallenged. Furthermore, if he is left unchallenged, he can go on the record with one more gun that he "got off the street". I do not believe that the voters had this in mind when they cast their ballot.
I am a former Army Ranger, combat vet (panama ’89), father to 3, and husband to one. I was given clearance by the Secret Service for the G-8 summit 2004. I am also a life member of the NRA.
However, I have no funds for travel or legal representation in this matter, at this time.
This is what I propose:
If the NRA will provide legal representation, legal counsel, or refer me to an attorney that is willing to represent me, (without charge), I am willing to go the distance. Come what may.
Should numerous, frequent trips be required to Albany, I may require assistance for travel. A ticket from Savannah costs $250 round trip.
I propose this not for myself, as it would be much less painful to go down the road most traveled, but for the other 785 who have no choice but to accept the lesser of two evils.
For, make no mistake, what is occurring on our watch is nothing less.
Please contact me with your decision.
XXXX Monroe
XXXXXXXXXX
Savannah, GA XXXXXX

 

[tony detroit]

Kudos to you if you can fight it and afford it financially.
Most people's finance/time/ is stretched too tightly and most cases like this end in what legal people consider a "deal". HARDLY
I believe you could challenge and would like to see you do it. I know what a joke our legal system is, I've been in a nasty little court case myself. The one good thing is you'll never have jury duty again, they'll dismiss you as soon as they find out you've been ****** over by the legal system, and you'll be much harder to get a conviction out of.

 

[wwfstyle]

Doesn't a firefighter make decent money? $250 round trip doesn't seem that much. Ask the NRA for a small donation for air fair and a lawyer and in return you could talk to other magazine about your issue and mention that NRA help you through this all the way. I dont know I was just keeping up with your 1st story and wanting to follow through with it. Keep us posted.

 

[tony detroit]

Firefighters here make 50+. BUT the pension plan does make up for it.

 

[rangermonroe]

I currently make $32k, with some frome real estate.
$250 is not much, until you have seen lawyers postpone a case, time and time again...- $250 a pop, it can get expensive.
By the way, the NRA's position (as of today) is that this is un -winnable, and therfore should not be fought. They are discouraging me from pursuing this.
I am disapointed, and discouraged with this.
Are there no good men out there? Is there not one attorney who will rise to the occasion and fight the unwinable fight...simply for the fight alone?
Am I the only one who finds the position of the Empire State reprehensible?
The counsel that I have obtained has the most defeatist attitude of anyone east of Communist China I have encountered in my life. My choice is to fight and lose...or pay and have to face the guy I look at while shaving.
This is a "fun" board, and I hate to be a rain cloud, but a more divers group of opinions is difficult to find.
I welcome all comments on this...especially if you disagree with me!
I can pay a fine and not worry about this again, Or allow this to continue and face 1 yr in jail.
What would Samuel Adams do?
What should rangermonroe do?

 

[beth]

range, if you broke an actual law in NY, then no matter if it is right or wrong, then it is wrong and you will get the short end of the stick battling the actual law in a state that you are not even a resident. The greater issue here is our legal and judicial system where common citizens again and again are victimized. Unless you have a case to prove that you did not break a NY law, then forget it....you will loose. You are not even a citizen of NY. NY is a liberal state, one of the most liberal states, outside of California and Mass. That is why that state has that law, and your state does not. Its up to NY, not you to decide about the law there. What is very sad is that we can't travel one place to another in this country in peace.
I think you knew you had a problem when you took the gun. Do you want to put your family through this? What does your wife say? If NRA isn't going to back you, it seems that the answer is clear. You can't go it alone just to make a point. If you want to become involved in the issue, then resolve this problem first then become an activist yourself to change existing laws. That is the thing to do if this issue is important to you.
What is going to happen if you pled? How will a charge effect your job? Since you work for government, you need to check with your personnel dept regarding that.

 

[rangermonroe]

Beth,
You have my heart if not may hand
I did violate the law of NY, and do not dispute that. I have been more than willing to pay a fine for my infraction. But I am not a criminal, and my heart bleeds for those that live under that regime. The NRA is afraid of these folks. Bangguy, and bsports....you live there. My condolences.
As much as my patriot's heart rises to the occasion, I find it difficult to fight a battle from afar that those who are near even refuse to object.
New York will have their pound of flesh.

 

[rangermonroe]

Beth,
No, I did not know that I was in a basketfull of trouble for taking a pistol to NY. If I was making a political statement, I would have left my boy at home and brought enough money for bail.
I have carried a pistol since I was about 20. And every time I went traveling. Anywhere.
I have flown home (NY) since 9/11 without incident....FAA regulations, locked case, checked baggage ...no problem.
I do not have any desire to place my job in jeopardy, my family in financial hardship, or be bothered at all in this matter.
But I have been bothered.
You may not like me as your next door neighbor(I'll drag dead animals out of my jeep and eat them from my grill), but I am the guy that you pray for when there is a problem.
I am not a criminal.

 

[beth]

I personally have no problem with you and I think law abiding citizens should be able to keep guns.....its the criminals that we should be going after who have guns.
I'm also a meat eater and am not so hypocritical that I would critize you for deer hunding while I eat my burger king whopper. In fact, if you want to go chicken hunting, I'll gladly give you room and board while you're doing it in my back yard!

Fighting existing laws while faced with criminal charges is an uphill battle, even with a sympathic jury. And, most folks are not going to be all that sympathic even if they are not anti-gun. Guns/airports, just isn't going to generate a lot of sympathy. Not in the aftermath of 911, anyway.
You are making the right choice to put this behind you.

 

[lovethesea]

I would fight it if I were a lawyer. The thing that gets under my skin about that is: When you entered the state of NY (even left GA for that matter) and declared your firearms, it should have been made clear just how long you had in the state before breaking a law. They had your airline tickets in hand and knew full well how long you were going to be there. AND, the agent knew something was up upon your departure from NY too. He gave the out (covering up their error on the front end).
You did not know you had a problem by taking the gun... you declared it upon departure from GA and NY as all should and most do. Once you delcare, I think its the airlines and the states responsibility to claim their laws to you. Obviously both failed. IMO, if this were a high profile/political thing, the NRA would take this to the bitter end. But unfortuantely you are just a normal tax paying law abiding citizen and they have nothing to gain by helping you.

 

[tangman99]

I feel for you, but if I was in your shoes I'm afraid I'd look for the best way out to get least amount of damage to myself. Being a former law enforcement officer, there are a ton of laws out there that are grey areas, but the fact is when you enter a court room the law is going to be upheld no matter if it seems wrong. By law, a judge or jury is required to set aside emotion and rule stictly on the evidence and the letter of the law.
I have been a gun owner all my life also and my dad had me shooting guns when I was 5 years old. I've owned all sorts of weapons over the years and had close ties with NRA members and people requesting their help. I've never known the NRA to turn down a contribution and I've never known them to help anyone requesting their help. It was just never the right situation.
Good luck and I wish you the best.

 

[daniel411]

Isn't there some legal maneuver where you can admit that you're guilty of breaking the law, receive the minimum fine, but challenge the law its self?
I've got alot of respect for you Monroe, YGM.

 

[beth]

Try for a plea of no-contest based on not having been told regarding the 10-day limits. Then, when everything is done, work on an expungement.

 

[scgator]

I know that this is going to sound overly idealistic, but have you tried to get assistance from the GA attorney general's office?
Your story struck a nerve...My dad is an ex-ranger and my aunt is a judge. I talked to both about this. Dad's response can't be printed. The nicest thing he said was that if you need help to go up there and "kick ---" then he's with you. He also said that it's a shame that a man of your caliber (no pun intended) could be treated this way. My aunt suggested contacting the attorney general's office, explain the situation, and see if they can help. She said that SOMETIMES they will make a call and the whole thing can go Bye-Bye. Don't know if it'll work, but what do you have to lose?

 

[avbryce1]

Ranger, there Is no doubt in my mind that you had only the best intintions when carrying your pistol to New York.
As a TN. handgun carry permit holder I know that my state has reciprocity agreements with 14 states, 17 states with no agreement, and 15 states that do not reconize my permit (and new york is one of them)
so really it was up to you to check the NY laws, if I were you I would just pay the fine.
also as a gun owner I would like to say that I appreciate what you are trying to do and I thank you on behalf of gun owners all over the USA.
personally I think that gun permits should be federal and you should be able to travel to any state in the union with your weapon.
I wont go on because I'm starting to get pissed and next thing you know I'll be ranting and raveing about the system so I'll just shut up now

 

[rangermonroe]

I'll let ya'll know what happenes.
I'm probably gonna have do do a little time, maybe 3-4 years (j/k)...who knows... it's NY.

 

[offshore80]

I feel for you ranger. your dealing with liberals and gun control freaks. They could care less about the 2nd amendment or that if you risked your life for their freedoms. Your a hero and a fighter in my book. But, some fights you can't win unless your a Kennedy in that state.

 

[rangermonroe]

I don't know about the "hero and fighter" business.

I have done some cool stuff, but nothing that qualifies, in my book.
I do appreciate the complement; however, far from a hero I am.

 

[blueberryboomer]

ranger, I feel so bad for you and your family. This sucks so bad! I haven't a clue as what to tell you to do, but I wanted to say best of luck to you and please let us know how you make out tomorrow. Lisa

 

[offshore80]

Any man willing to risk his life for another human in my book is a hero. I put firefighters in that category and I've never met an Army Ranger that wasn't a fighter. Your a combat vet. Thanks for your service. Your number one in my book. I'm a Army brat and work with Navy seals & Marines. These men are the best. They just don't get the credit they deserve. You deserve the accolades.
Anyway, I wish you the best. But, your last name isn’t Kennedy.
I saw a decorated war vet (Ret) Col lose a gun collection that is NOW outlawed by the state government. They could care less of his service or dedication to this country. Just that a group of people decided that a certain set of guns should be illegal to own. And of course he had all his weapons registered. So, they knew he owned them and came after them. He had owned them for over 20 years. They came after him with a court order. and took his collection with the threat of jail. Or he could move to another state.