Reply to Tennessee pol threatens New Yorkers after tourist busted at Ground Zero with loaded gun

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[quote=Anonymous]I think declination is appropriate here because of the unusually low level of culpability (i.e., she's a tourist and has a better excuse for not knowing the law than a resident; she was only caught when she tried to comply with "a no guns allowed" sign);

Sorry, I simply don't believe she didn't know.   This is a 39 yo woman who is a medical student.  It strains credulity to expect us to believe that she didn't know that NYC had strict gun control laws, and that her Tennessee license to carry doesn't mean anything there.  Come on.  Much more likely is that she knew all about it and just decided to keep the gun for protection anyway - after all, it's NYC, with criminals on every corner!  And even if she didn't know, she's not some 18 yo functional illiterate - she's an intelligent woman, tourist or not, and her ignorance isn't an excuse.  (FWIW, the whole city is a "no guns allowed" zone without proper authorization.  I'm not giving her credit for obeying a sign (when she had no choice - isn't there a metal detector?) when she previously flouted the law.)

[quote]she doesn't present a significant recidivism risk; [/quote]

Why not?  Because it was just an honest mistake on her part, and she knows better now?  We'll have to disagree on that - as I've said, I simply don't believe this was an honest mistake.

[quote]and, most significantly, the draconian nature of the minimum penalty. [/quote]

This is driven by your distaste for the law - you don't agree with it at all, as you've said, but disagreeing with the law doesn't constutute a reason not to charge.  Plus, it's likely that if charged she'll plead down and accept a lesser penalty, perhaps the to the probation you find appropriate.

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