Comments Thread For: Guerrero To Be Charged With Criminal Gun Possession

[Ray*]

He has a permit for it, it was unloaded, and he declared it to the airport authorities.

All of that should be taken into account when he goes to court. It's obvious that he wasn't trying to commit a crime.

I think it's how he got the gun to New York in the first place that might screw him.

[Russian Crushin]

are u f***ing kidding me? the fight is off.....GOD DAMN IT GUERRERO YOU DUMB@SS!!!!

Man this is sad , this could screw the fight up, I hope not

It shouldnt, he will post bail and his court date will probably be several months later so he should be able to fight. He needs this fight to pay his future legal fees. Im not sure if a judge will or even could stop him from crossing state lines as part of his parol, but that shouldnt happen

[LAFIRPO]

I highly doubt it, NY does not show leniency with gun possession. Bloomberg, out mayor, is in a fight with the NRA right now and wont let people go with just fines for guns. Its probably better to kill someone in NYC then be caught with a gun, its super serious here

You're absolutely right.

[Russian Crushin]

He has a permit for it, it was unloaded, and he declared it to the airport authorities.

All of that should be taken into account when he goes to court. It's obvious that he wasn't trying to commit a crime.

Possessing the gun itself is the crime, thats the problem

[-Kev-]

You're majoring in criminal justice, RC?

[LAFIRPO]

You're majoring in criminal justice, RC?

He's just from NYC. I am from NYC too and even back in the day NYC had tough gun laws. Today, there even stricter.

[Ray*]

New York Criminal Possession of a Weapon at New York Airports

What is more troubling for these people is that often times they are properly checking the weapon at LaGuardia or JFK Airports in an approved case where the ammunition or bullets are not physically loaded in the gun. These people wrongfully believe that (a) they are permitted to have a firearm in New York because they are licensed in their home state and (b) because they are declaring or checking the firearm and were not stopped when it was brought to New York, they have not perpetrated any crime.

Not only are the above assumptions completely incorrect in the eyes of New York Penal Law Article 265, but the crime of New York Criminal Possession of a Weapon in the Second Degree is punishable by a mandatory minimum of 3.5 years in prison even if you have no record at all.

One of the most common reactions individuals charged with CPW 2 have is that they had no idea it was a crime to bring their otherwise licensed gun into New York (ignorance of the law is no defense). Some argue that the gun never left the carrying case or the hotel room. Others mistakenly claim that since the bullets were not in the cylinder or chamber or that the clip or cartridge was not in the gun, the firearm is not loaded. Despite this logical assertion, New York law is clear. If the firearm is capable of being loaded, then the firearm is considered loaded. In other words, the ammunition in the carrying case with the firearm will likely be sufficient.

An arrest for New York Penal Law 265.03 is a terrifying experience, but often compounded when one is not from New York and they are at JFK or LaGuardia Airport ready to head home. Unfortunately, that person is now facing the grim reality that they will be processed in Queens Central Booking for up to 24 hours. To make matters worse, they are accused of committing a violent crime in New York where they may have been free to act in the same way without any legal troubles in their home state.

Thanks for this, am more enlighten by reading this. I came from a place where the only time I see guns are when I go through UK main airports, my mentality about guns is the opposite to the gun loving American.

In any case this means Guerrero is in for some pretty serious charges here, am just shocked that a religions God loving person can also love guns and stuff.

[ShoulderRoll]

Judges can mitigate sentencing depending on the particulars of each case. Guerrero obviously ****ed up but he didn't have the intent to commit a crime.

Maybe if he was just some guy off the street they would throw the book at him but he is too high profile.

On the plus side.....if the fight goes through they just got themselves a boatload of free publicity in NYC. The media capital of the world.

[cantor5150]

He saw Floyd"s picture yesterday of him all ripped up and decided to do this as a way out lol

in reality tho I hope this don't interrupt the beating he will get May 4, and i hope he get's out clean....

[-Kev-]

He's just from NYC. I am from NYC too and even back in the day NYC had tough gun laws. Today, there even stricter.

I live here too.