By Dave Workman
Senior Editor
Enforcement of New York gun laws is more than inconsistent, it might even be called insane, as details have emerged in the case of a former Marine from Indiana who was arrested at the Empire State Building after voluntarily noting that he was carrying a pistol that he believed was legal.
According to the New York Post, Ryan Jerome researched New York gun laws before traveling from his home in Indiana. He mistakenly concluded that his Indiana gun permit was recognized in New York, when in reality, a New York license is honored in Indiana. The error left Jerome facing felony charges, which have now been reduced to a misdemeanor in an offer from prosecutors.
But Jerome’s attorney, Mark A. Bederow, has fired off an eight-page letter to Assistant District Attorney Joseph Davis that reveals amazing inconsistencies in how the gun laws are enforced, and it appears known criminals get more breaks. The Post provided a copy of the letter here.
Bederow detailed several cases, including two that involved people with clear criminal intent, and compared them to his client’s situation.
The Jerome case is not the only recent high-profile situation that has exposed New York gun laws to scrutiny and ridicule. In an earlier incident, a Tennessee woman was arrested and also faced a felony charge for trying to check her pistol, for which she had a license to carry in her home state, at the Ground Zero memorial. In that case, Alan Gottlieb, executive vice president of the Second Amendment Foundation, went after New York Mayor Michael Bloomberg, who had erroneously stated during a press conference that the woman, Meredith Graves, had cocaine in her possession at the time she was arrested. The substance turned out to be headache medicine.
“What is the difference between a New York street thug stealing a lady’s purse,” Gottlieb asked at the time, “and Bloomberg, who publicly stole Ms. Graves’ reputation?”
“Any politician that would get up in front of a microphone and outright lie to the media about an innocent victim of his Draconian firearms policies is unworthy of holding public office,” Gottlieb added.
Meanwhile, Jerome, who is trying to set up a business involving gold and jewelry, is a third-generation Marine Corps veteran with no criminal history until his arrest in New York City. A former security guard with some advanced firearms training, he is the son of a one-time police officer.
When the New York Post profiled his case, the newspaper noted that “Getting prosecuted under New York’s gun laws is a nonsensical crapshoot, where gangsters get their cases expunged and thugs can turn in illegal weapons for $200 – but a weapon that’s legally registered elsewhere can brand a citizen as a criminal for life.”
While prosecutors have reportedly offered Jerome the misdemeanor deal, “in recognition of the special circumstances of his case,” that is simply not good enough for attorney Bederow, the newspaper noted. Bederow suggested that “…requiring Ryan to either plead guilty to a misdemeanor, bear the burdens of a lifetime criminal record, perform ten days of community service and pay a $1,000 fine or face the grim prospect of an indictment and state prison is unwarranted.”
Bederow instead wants the prosecutor to “reconsider” his position and consider dismissing the case against Jerome.
One case against which the Jerome case is compared is People v. Afrika Owes. According to attorney Bederow, Owes was carrying at least two illegal firearms “in furtherance of a street gang’s criminal activity.” She was arrested but prosecutors have decided to charge her as a youthful offender, so there will be no criminal record as an adult.
“Thus,” Bederow observed, “Owes, who intentionally committed criminal acts which could have resulted in harm to innocent people, will be mercifully spared the negative consequences of a criminal conviction, while your offer requires that Ryan be brandished (sic) a criminal despite his lack of criminal intent and the fact that he never endangered anyone’s safety.”
Then there was a case involving someone whose name was redacted for privacy reasons, who was not prosecuted, despite the fact that he allegedly “told an individual on a Manhattan college campus that he was armed.” That’s not all, the letter revealed. This individual threatened to shoot someone in the head. Cops executed a search warrant, found a loaded .45-caliber pistol in the suspect’s closet, but ultimately the case was dismissed and sealed.
