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Marine Accepts Plea Deal in NYC Gun Possession Case

by Shooting Times News   |  March 21st, 2012 49

Ryan-Jerome-200x200An Indiana jeweler and former Marine who had faced felony gun possession in New York City earlier this year has accepted a plea deal that will keep him out of jail.

Ryan Jerome, 28, pleaded guilty to misdemeanor weapon possession and must serve 10 hours of community service and pay a $1,000 fine after a lengthy court battle, according to The Washington Post. Jerome was arrested in September during a business and pleasure trip to New York City, when upon visiting the Empire State Building and noticing a sign alerting patrons to check all weapons with security, he attempted to check his .45-caliber Ruger and was arrested.

Jerome said he had purchased the handgun legally in Indiana for protection, as he was transporting $15,000 worth of gold to a Long Island refinery, and though he had researched New York’s gun laws, admitted that he must have misunderstood them. The gun was indeed legally licensed in Indiana, but handgun possession is a felony in New York City regardless of whether it’s legally registered, and carries a mandatory 3 1/2-year prison sentence.

ā€œIā€™m happy with the outcome,ā€ Jerome told reporters. ā€œI definitely did not know it was illegal to bring a handgun to New York City.ā€

His subsequent court battle won praise from Second Amendment supporters, and even from former New York Gov. David Paterson, who told a radio show that Jerome “shouldn’t be prosecuted.”

Prosecutors had previously offered Jerome a misdemeanor deal in February, but he rejected the deal at the time. His arrest came just a few months before New York Mayor Michael Bloomberg took to the airwaves during the Super Bowl claiming to support the Second Amendment.

How big a win is this for gun owners everywhere?

  • http://www.facebook.com/profile.php?id=674308050 Mark McAvoy

    I, for one, am glad that a happy medium has been struck here. This whole case STINKS to high heaven.
    On one hand, you have a highly decorated Marine, who is charged with the defense of the United States, has put himself in harm discharging that sworn duty countless times, but goes to New York and all of the sudden is treated like some kind of untrustworthy pion, who's selfless service to this nation had no bearing on the reality of the situation.

    The reality was this. He's a business owner in a profession notorious for its owners being violently ripped off. He legally purchases a weapon to protect himself and his business (gold and other valuables) while in transport. Goes to a public monument, and out of RESPECT for the local laws and law enforcement as he understood them, in good faith, attempts to check his weapon, so that a higher degree of PUBLIC safety was attained. All of this was done after an exhaustive search of local firearm policy was conducted by Mr. Jerome before the outset of his journey to New York. When informed that there was no policy or means to secure or check his weapon, the neurotic flags went up, and this tireless civil servant is run through a Draconian and Dickensian gauntlet, and was within a hair's width of being cast into maelstrom of legal morass and an unflinching personal destruction by an uncaring and completely de-humanizing casual "Due Process".

    It SICKENS me that a man of his character and honor wold have to belittle himself and his good family name in the "Interest" of justice, by having to cop to a PLEA that would stay him from being cast into an unholy pit of the "New York State Correctional System" The system is what needs correcting here. The State of New York should pay HIM for his inconvenience and for casting aspersions on the name and character of a truly fine American Citizen, and his families good name.

    • Freedom

      An honorable Marine unfortunately went to a dishonorable, putrid state. Mom always said, stupid yankee is as stupid yankee does.

  • trent

    I feel so sorry for the man, I guess it is best to let NYC slide into its name sake Gotham City, I will stay out west, where the liberal craziness hasn't taken hold. that said, I will stay out of California too

  • Rick

    The whole thing stinks of that non-new york mayor and his life long quest to do away with our second amendment rights. He is a nut case.

  • Ryan

    NYC is a cesspool of corruption and deception. There are many cities like it….Chicago comes to mind and pretty much the entire state of New Jersey and Kalifornia. These cesspools of human waste products don't care about the Constitution or our rights our fore fathers (and mothers for that matter) have fought for and what WE are currently fighting for. Bloomberg, Emmanuel, Holder, Obama, Pelosi, Reed, Biden, Boxer, Feinstein…and many more are corrupt and working hard to destroy this country.

    Wake Up America!

  • Tanstaafl2

    The disgusting thing is that he even had to accept a plea at all. NYC won't even recognize gun permits from NY state – you have to get your own special (and virtually impossible to get) permit for NYC.

    These recent cases need to be the catalyst or NYC to repeal or thoroughly revamp its draconian anti-gun laws.

    • RoyJaruk

      IF we ever do get a National Concealed Carry Reciprocity Law, it is going to make life in the big cities like New York City and Chicago interesting. And not just for the mayors; the Supreme Court is going to have to look at the local laws. In the past, cities like Philadelphia and Pittsburgh have been told by the Supreme Court that their local anti-gun laws do not trump state gun laws. But NYC refuses to honor CCWs issued elsewhere in the state because of the Sullivan Law of a century ago, enacted to stop Mafiosi from carrying. It's never faced a Supreme Court Challenge. But when we get national reciprocity, it IS going to face a challenge; and when the Court rules that the Rotten Apple has to honor out of state CCWs, you can bet that another challenge to the Sullivan Law will appear from Upstaters, who will have the legitimate argument that if NYC has to acknowledge out of state CCWs, it must honor other New York State permits as well or be in violation not just of the national reciprocity law, but also the Fourteenth Amendment. Oh, aren't the anti-gunners in New York City going to have a stroke over THAT!

      • KSCCW

        Totally agree and I would love to see consistency in gun laws across states & cities. However, it could go completely opposite if Obama gets four more years (which is looking likely) and gets the opportunity to change the composition of the court.

  • John

    Law abiding citizens will obey all laws and check in their guns. Crooks will not! So damned the man who obeyed the laws. This polictially correctness is out of control. Making an example out of a decorated Marine is ridiculous. I have to agree with Trent. California is home for the liberals. Guns are only important when they become victims of a violent crime. Thanks Mr. Jerome for his services. It's people like him who fight foe our freedom so the prosecutors of NYC can prosecute Mr. Jerome. God Bless America & God Bless our constitution!

  • Bill

    For those who posted on this blog, you rock!

    • http://www.facebook.com/profile.php?id=674308050 Mark McAvoy

      Yes. I do. Thank you Bill. You rock too!

  • Paul

    I for one will not go to NY for a vacation. Also people should know that 54% of Americans & the 25% that support the 2nd amendment are a large block of the people of the united states. We should not support the states that are against our 2nd amendment rights. I will not go to California, and Illinois. If we as a hooting_Community boycotted these places that ignore our rights we should ignore them._ Paul J. Lewis _

    • https://www.facebook.com/stanleyhrlong Stanley Long

      Amen Paul. I agree 100%. We must not support states that do not support our 2nd Amendment rights. In addition, to the states you listed, I've added MD and NJ to my "no-go" list.

  • rick

    Only criminals have guns in NYC. That is the way the mayor wants it. If they let every shop owner have a gun there would be no crime. I am a court officer in NYC and I don't like the laws. I hope HR822 becomes law.

  • Shannon (Veteran)

    This Marine can come to my home in Alaska any time and enjoy the freedoms he stands for (any time). Thanks for you service. Shannon

  • Bob

    To possess a handgun or long rifle in NYC you must have a permit from the NYPD. If you are a retired police officer from New York State you can carry a firearm in NYC with a permit stating that you are a retired police officer. HR218 states that a retired police officer with ID from his job stating that he is retired and a certificate stating that he qualified on a range with a firearm he/she can possess a handgun anywhere in the USA. I think that charging this young Marine with a crime is stupid and that discretion should have been used by the DA. Why should he have a criminal record. I'm retired from the NY State Police and I would not have arrested him.

    • Jeepers Creepers

      If you want to carry concealed in the state of Colorado At present time. You have to had a full FBI background check done within the last 5 years. Any body within Colorado can carry open at any time. Only private companies if they do not want firearms in the building need to post big enough on the front door "no firearms Allowed". It doesn't matter if your a present police officer or retired. You can not carry concealed in Colorado unless you have had an FBI background check within the last 5 years. Your free to open carry all you want. No one will say anything. If they do, they are breaking the State Law.

  • cat5210

    You will never get me to got to NYC for ANYTHING!!!!!!!

    • Freedom

      I have a permit to possess a weapon. It is called the Constitution of the United States. Any city government which thinks it has the right to deprive me of my constitutional rights is wrong.

      • Jeepers Creepers

        In Colorado It is also written into the State Constitution. So any federal gun laws would go against the State of Colorado. That is why Denver had to get rid of most of their gun laws. Any federal gun law would not be up held in Colorado unless the state had one just like the federal law.

  • Larry Loper

    What I am trying to understand here is who is supposed to check in their weapons? Sounds to me that not too many are allowed to carry a weapon to begin with, but those that pass the strict(sic) rules to get a carry permit, then have to give it up? Why bother, just ban ALL weapons in NYC, to include chopsticks!! Afterall I could make a case that a chopstick, in the right hands, is a lethal weapon! I am a 20 yr retiree of the U S Army, never shot anyone in anger as a soldier or a civilian, and have ALWAYS carried. This Marine can come to my home anytime, and I would sleep better because he is there. America is no longer for Americans, but only for the whiners and the special interest groups!! God bless America, because no one else will!!!

    • Alan_T

      Federal , State , NYC LEO's and the few privaledged CCW holders are who are supposed to check their weapons . I'm NOT condoning or defending it …….. I'm just answering your question Larry .

  • perryglenn

    Im glad I live in Texas where you can cary a handgun it you are not a felon.I shure as hell dont plan to go to New York City.

  • Peter C

    I hear that ALL the scumbag criminals in NYC have decided to voluntarily hand in their handguns, and so bring an end to armed crime in the city! This all in light of the fact that a Marine who tried to comply with a security regulation, got nailed for it! [If you believe that, you'll believe anything]. Geez, it sounds like NYC is getting more like the Big Apple every day, but I still think we beat you guys when it comes to crime – farm murders, rapes, robberies, hijacking, etc. You have NO IDEA! And yes, I believe we're on the brink of a full-scale civil war here. Any chance the USMC could come around for a visit?

    As for the Marine – good luck for the future. Semper Fi!!!

    Peter.
    South Africa.

  • Peter C

    Sorry – meant to say that NYC is getting more like Suoth Africa every day. Geez, getting old sure is a bastard!

    Peter.
    South Africa.

    • Alan_T

      HAHAHAHAHAHAHA ain;t it truth , Peter ?

  • ODuck

    How in the heck do the drones of New York put up with their elected officials running roughshod over the constitution of the United States. The People of New York need to find out which of their elected officials don't agree with the Second Amendment, and replace them.

    • Alan_T

      I can tell you ….. I used to live about 45 minutes from Manhattan . The area is full of uneducated and fearful people , many of whom don't vote or vote the way they are told to . Further more NYC politicians ( just like Chicago's , in my home state ) are corrupt and have always been corrupt and they get away with it because they ( liberals mostly )have become firmly entrenched .

  • James

    The fact of the matter is that although Jerome technically won (i.e. he stayed out of jail), he ought not to have even been asked twice about his CCW. It's appalling that the price of asserting one's rights in New York City is $1000 and community service.

  • Walt

    Google the battle of Athens in 1946. Mcminn County Tn. and see(13 min. movie) what corrupt government can do.True story about when the veterens came home from the war. Another reason the left wing government wants gun control. I salute you JEROME and am sorry you were a victim of the people who want to control us.

  • denis

    It might be nice if the police in Indiana stated ticketing NY licensed cars and letting them know it was a thank you for treating one of their vetrans so well.

  • Jack Cooper

    Build a fence around NYC and let the sewer rats and crooked pols have it their way.
    Go Marines.

  • http://www.ChurchSecurityInstitute.wordpress.com Church Security

    Sadly this is the result of those who control, most of whom have private or public protection, some at our costs.

    HB 822 will eliminate this crime against law abiding citizens who have a permit to carry and who use the rights given under the Second Amendment to provide their own protection and defend themselves and others in need.

    The Mayor, who bought his office with his personal wealth and connections, has his public paid security as do most politicians, and therefore the law does not bother them as they are protected at citizens expense.

    Look at the crime rates in cities like NYC, Chicago, etc. and how much more crime than in TX, FL or other states where you can buy and get a permit to carry concealed, carry in the open and some with no permits.

    Folks like Rush and Glenn Beck learned their lesson and moved to FL and TX, others should also and the large numbers above who avoid NYC, some even NY, it shows that more and more don't want to be there.

    Sometimes I guess it's best and easiest to Vote with your feet and move or stay away from the high cost, crime and other problems in cities that don't seem to want most Americans there anyway, so why go?

  • Alan_T

    I wish Mr. Jerome the best and fervently hope that we will all soon be free of the Bloombergs and Obamas of our nation .

  • Richard

    is there a way to send Mr. Jerome some money to help offset the fine and his lawyers fees?

  • Bob

    I am a retired State Trooper with a CCP. I will defend this right with my last breath and To Hell with NYC. They deserve the City Gov that they have. This is outragious and beyond stupid.

  • Moigy

    Consider this angle. The only way this brave Marine (once a Marine, always a Marine), could have protected himself and his valuable metals, would have been to hire an Armored Car Service. Then he would be safe. However, that would add very condisderably to his cost.

    Plan B: Select a refiner closer to home – in Indiana or Ohio perhaps.

  • Jeepers Creepers

    Like I have always said. New York City is just like Denver Colorado. A nice place to avoid at all cost. But if I had to go to New York City for some reason. I let the police Chief and City fathers Know What Day I was planning on being in NYC. Demand police escort from the first minute in NYC till the time I leave. If not That is why there is courts and I would love to take NYC to the highest court in the U.S.. Protect the people or let the people protect themselfs. It's not if I'm armed, but how many handguns, stun guns, long hunting knifes, pepper spray do have on my person at any given time. So If I have to give up that kind of protection. I want something in return. Or there always is court to go to. The people of Colorado has a Whole voted most of Denver's gun laws not in step with the rest of the state. They did not like it. But the will of the people out weigh the law makers. At least In Colorado.

  • R P

    Another slap to law abiding citizens by corrupt political systems and those that perpetuate them. The degree of stupidity is epidemic and needs to be stopped and our only recourse is at election time.. Get out and vote and remove these political imposters from office.
    Cowboy Bob
    Illinois

  • joe

    the law for the H.R.822 was past . he need to go back and fight for his rights that bullshit N.Y.C. suck i was born there and i hate the city. Cop think they above the law.

  • joe

    Remember that Marine never give up fighting.

  • Mack Missiletoe

    I dislike NYC because of their stupid gun laws. I don't plan to ever visit! Man has the right to bear arms. But NYC doesn't care! NYC wants everyone to get raped and pillaged. Over and over and over it happens…

    I don't understand why everyone wants to flock to one place (NYC) just to get raped and pillaged. Stupid City.

  • BIG BALLZ TOM

    First off, fuck the ATF, politicians, federal laws and state laws that keep us from doing what we want aside from criminal acts. Life is too damn short for good people to be told "NO" everytime we want to exercise our God given rights and freedoms……Semper Fi……That Marine should've shot his way out of that bullshit situation, gone to his hotel room, had a stiff drink and kept his mouth shut about what happened…..Believe me, he would have been in the clear….Hell it works for the Kennedys….

  • Rider_Coach

    I want to start by saying I support the "individuals" right to keep and bear arms. I think Big Ballz Tom summed it up quite succinctly, a colorful too :) . I did a little digging on the Second Amendment to the Constitution and here is what I found as it might/does apply to us today.

    1) The Second Amendment (Amendment II) to the United States Constitution is the part of the United States Bill of Rights that protects the right of the people to keep and bear arms. It was adopted on December 15, 1791, along with the rest of the Bill of Rights._ _In 2008 and 2010, the Supreme Court issued two Second Amendment decisions. In District of Columbia v. Heller (2008), the Court ruled that the Second Amendment protects an individual's right to possess a firearm, unconnected to service in a militia and to use that arm for traditionally lawful purposes, such as self-defense within the home. In dicta, the Court listed many longstanding prohibitions and restrictions on firearms possession as being consistent with the Second Amendment.

    2) In McDonald v. Chicago (2010), the Court ruled that the Second Amendment limits state and local governments to the same extent that it limits the federal government.

    3) State and federal courts historically have used two models to interpret the Second Amendment: the now generally accepted individual rights model, and the "collective rights" model, which holds that the right is dependent on militia membership. While having influenced a number of past court cases, the "collective rights" model has been discarded by the U.S. Supreme Court, in favor of the individual rights model.

  • Rider_Coach

    4) Meaning of "the right of the People"

    Justice Antonin Scalia, writing for the majority in Heller, stated:

    Nowhere else in the Constitution does a “right” attributed to “the people” refer to anything other than an individual right. What is more, in all six other provisions of the Constitution that mention “the people,” the term unambiguously refers to all members of the political community, not an unspecified subset. This contrasts markedly with the phrase “the militia” in the prefatory clause. As we will describe below, the “militia” in colonial America consisted of a subset of “the people”— those who were male, able bodied, and within a certain age range. Reading the Second Amendment as protecting only the right to “keep and bear Arms” in an organized militia therefore fits poorly with the operative clause’s description of the holder of that right as “the people”.[115]

    Justice John Paul Stevens countered in his dissent:

    When each word in the text is given full effect, the Amendment is most naturally read to secure to the people a right to use and possess arms in conjunction with service in a well-regulated militia. So far as appears, no more than that was contemplated. But the Court itself reads the Second Amendment to protect a “subset” significantly narrower than the class of persons protected by the First and Fourth Amendments; when it finally drills down on the substantive meaning of the Second Amendment, the Court limits the protected class to “law-abiding, responsible citizens”.

  • Rider_Coach

    5) Meaning of "keep and bear arms"

    In Heller the majority rejected the view that the term "to bear arms" implies only the military use of arms:

    Before addressing the verbs “keep” and “bear,” we interpret their object: “Arms.” The term was applied, then as now, to weapons that were not specifically designed for military use and were not employed in a military capacity. Thus, the most natural reading of “keep Arms” in the Second Amendment is to “have weapons.” At the time of the founding, as now, to “bear” meant to “carry.” In numerous instances, “bear arms” was unambiguously used to refer to the carrying of weapons outside of an organized militia. Nine state constitutional provisions written in the 18th century or the first two decades of the 19th, which enshrined a right of citizens “bear arms in defense of themselves and the state” again, in the most analogous linguistic context—that “bear arms” was not limited to the carrying of arms in a militia. The phrase “bear Arms” also had at the time of the founding an idiomatic meaning that was significantly different from its natural meaning: “to serve as a soldier, do military service, fight” or “to wage war.” But it unequivocally bore that idiomatic meaning only when followed by the preposition “against,”. Every example given by petitioners’ amici for the idiomatic meaning of “bear arms” from the founding period either includes the preposition “against” or is not clearly idiomatic. In any event, the meaning of “bear arms” that petitioners and Justice Stevens propose is not even the (sometimes) idiomatic meaning. Rather, they manufacture a hybrid definition, whereby “bear arms” connotes the actual carrying of arms (and therefore is not really an idiom) but only in the service of an organized militia. No dictionary has ever adopted that definition, and we have been apprised of no source that indicates that it carried that meaning at the time of the founding. Worse still, the phrase “keep and bear Arms” would be incoherent. The word “Arms” would have two different meanings at once: “weapons” (as the object of “keep”) and (as the object of “bear”) one-half of an idiom. It would be rather like saying “He filled and kicked the bucket” to mean “He filled the bucket and died.”[115]

    In a dissent, joined by Justices Souter, Ginsburg, and Breyer, Justice Stevens said:

    The Amendment’s text does justify a different limitation: the “right to keep and bear arms” protects only a right to possess and use firearms in connection with service in a state-organized militia. Had the Framers wished to expand the meaning of the phrase “bear arms” to encompass civilian possession and use, they could have done so by the addition of phrases such as “for the defense of themselves”.

  • prentice

    the corrupt politicians wanted to get him for a felony if we don't speak out, interesting how he fought to defend our rights and he fought for the Constitution, but now they want to deny him his rights, and treat him like a criminal, any law abiding former military who wants to carry their gun for self protection should not be treated like a criminal, he should not have to pay a penny, it's absurd to let the politicians get away with such subversive crimes.

  • AOKSteve

    I wonder if NYC will return his pistol to him?

  • Jess James

    Bloomer should be investigated for corruption by a special task force.

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