“A Knoxville-based legislator, who moonlights as a farmer, is so angry over the Tennessee tourist’s gun arrest last month that his resolution condemns it as a ‘grave miscarriage of justice,” nypost.com reports, “and reminds New Yorkers to ‘drive carefully’ if we come visit.” A farmer? A hayseed dares to threaten Empire State urbanites with speed gun retaliation for the arrest, prosecution and possible incarceration of a Volunteer State nurse inadvertently packing heat? Yup. That would be ironically named Knoxville Republican representative Frank Niceley. Read the full resolution below . . .
HOUSE JOINT RESOLUTION 585
By Niceley
A RESOLUTION urging the State of New York to use common sense and sound judgment in the disposition of the case against Meredith Graves.
WHEREAS, on December 22, 2011, Meredith Graves, a registered nurse, fourth-year medical student, and Tennessean traveled to New York City for a residency interview at Brookhaven Memorial Hospital on Long Island; and
WHEREAS, while in New York City, the soon-to-be doctor and her husband, Richard Disharoon, decided to pay their respects to the victims of 9/11 and attempted to enter the hallowed memorial at Ground Zero; and
WHEREAS, believing the Second Amendment to the United States Constitution was still in effect and possessing a fully authorized license to carry from the great State of Tennessee, Ms. Graves arrived at the memorial with her .32 caliber pistol stored in her purse, never imagining the mayhem that would shortly ensue; and
WHEREAS, as she quietly approached the sacred landmark, Meredith Graves caught a glimpse of a sign, warning, “No Guns Allowed,” and, as any law abiding citizen would do, she quickly reached out to a security guard and inquired as to the proper procedure for checking a firearm; and
WHEREAS, the guard directed her to a separate section and explained that she was in luck because it just happened to be “Law Enforcement Day; and
WHEREAS, with no reason to be concerned, Ms. Graves followed the guard’s instructions and respectfully asked a police officer the same question; and
WHEREAS, reacting with undue haste, the officer immediately arrested Meredith Graves on a weapons-possession charge, and she was subsequently held on a $2,000 bond; and
WHEREAS, despite having no prior criminal record, Ms. Graves must report to court on March 19, 2012, when these charges will be prosecuted by the Manhattan District Attorney, who plans to pursue a conviction on felony gun possession. This serious allegation carries a minimum sentence of three and one-half years; and
WHEREAS, clearly, this incident was simply an unfortunate misunderstanding and any attempt to pursue legal action against this devoted health care professional would be a grave miscarriage of justice; now, therefore,
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE ONE HUNDRED SEVENTH GENERAL ASSEMBLY OF THE STATE OF TENNESSEE, THE SENATE CONCURRING, that we hereby urge the State of New York to use common sense and sound judgment in the disposition of the case against Meredith Graves.
BE IT FURTHER RESOLVED, that we remind the citizens of New York, especially those residing in New York City, to drive carefully through the great State of Tennessee, paying extra attention to our speed limits.
BE IT FURTHER RESOLVED, that a certified copy of this resolution be transmitted to Michael R. Bloomberg, Mayor of New York City.
epic
Childish
I think that the states surrounding NY should impose a toll on all cars entering from NY with NY plates. This toll should fund the cost of all fines and legal fees associated with defending people who’s rights are unconstitutionally violated within NY.
The people of NY who are forced to pay this toll should forward their receipts to Media Mike Bloomberg for recompense.
The majority of New York State generally loathes Bloomy as much as anyone else– in many cases more so. As plates are issued at the state level, that seems rather disingenuous.
Besides, some of the “surrounding states”, namely NJ, are even worse.
Epic, Childish. Both true.
Thought it was excellent, except for the last paragraph. That’ll just make people angry.
“Thought it was excellent, except for the last paragraph. That’ll just make people angry.”
Having my Civil Rights suspended at the borders of NYC, Illinois, NJ, etc., makes me angry. If Tennessee’s actions send a pointed message to the voters of NY, and that message makes said voters angry: good. Start voting for people who take their oath to “protect and defend the Constitution of the United States” seriously.
Childish is arresting a woman under these circumstances and charging her with a felony.
My gut tells me this is a damn good response. Nurse Bloomberg said the woman had drugs on her, so he compounded the offense (assuming this is not true).
I didn’t hear that. Hope she didn’t consent to a search, ’cause you know they planted it, if she did. She can’t be a martyr for 822 if they can get her on that.
it was aspirin (BC Powder) but bloomey assumed it was cocaine before tests came back.
I hope she didn’t waive her right to sue for slander and libel in order to get the charges dropped.
Actually I think a better response would be detaining anyone from NY for 24 hours any time they set foot in the state. Hey, it’s legal to detain someone for up to 24 hours without charging them.
Them New Yorkahs got plenty O’ money, might take da Judge a week or more to decide on a fine.
I love it. Speaks of the need for mutual respect. Something I fail to see from some states like New York.
He should take his concerns up with the mayor, Fräu Bloomberg himself, directly. The citizens of NYC don’t write the laws Bloomberg and his fellow storm troopers are the ones he should publicly attack.
I respectfully disagree. By using his office and this Resolution, he brings media attention to the problem of the lack of reciprocity for conceal carry permits.
Besides, do you know of a state trooper anywhere that doesn’t target out-of-state speeders as a revenue generator? It should be common knowledge.
Bloomberg was elected by the citizens of NYC. They are complicit.
Can’t agree.
I’m a proud, loyal citizen of the United States of America, but I didn’t vote for Barack.
Exactly right
+1 cz82mak – Indeed New York citizens have a vote, and they cote these idiots in. It is a mistake in a democracy to hold the citizens harmless for the foolishness of their elected officials.
Bugs Bunny comes to mind. “I hope you know this means war!”
If this resolution brings the attention necessary to prevent the overkill penalty NY is about to place on this woman, then it will be mission accomplished. I think this is an outstanding move by Rep. Nicely to aid a constituent.
To paraphrase Charlie Daniels, it makes me feel good to be alive and be in Tennessee.
+1
I’m sure that New York City is quaking in its Gucci loafers. What’s next, a full frontal assault by the army of Rhode Island?
Yankees suck!
Well, thank the heavens there’s a “No Guns Allowed” sign at the Ground Zero memorial, that’ll deter any shooters. If only they’d put a “No Parking” sign on the 90th floor of the Twin Towers, they’d still be there.
Rather ironic that she visited the site of a grave attack against America only to be victimized by an even more insidious threat to America.
+1
Bingo!
Silver, you hit the dead center of the X-ring with this; “Rather ironic that she visited the site of a grave attack against America only to be victimized by an even more insidious threat to America.” Exactly, and all too sadly, correct.
Bloomberg and his sycophants need to be prosecuted under 18 USC 241 & 242; criminal conspiracy to deny civil rights and criminal denial of civil rights under color of law.
I’ll probably be shunned for these comments, but this is suppose to be the truth about guns. That is what brought me to this sight.
The truth is, the first point made in the classroom portion of every CHL class in every state in the U.S., is to know the law in regard to concealed carry. Not just in your state but in every state in which you carry. The sole purpose of the classroom instruction is the law. Although from some comments I have read at TTAG I’m not sure the law is being taught. So maybe I’m wrong , BUT I know
when checking state reciprocity you are instructed that you will be required to follow the laws of the state you are in (pass through). Every CHL holder is REQUIRED BY LAW to know this. You are required by law to know where and when you may legally carry BEFORE doing so. If you fail to check the laws of the state you plan to visit and you break them, inadvertently or not, you are subject to arrest and prosecution.
The truth is that while this situation is a”grave miscarriage of justice”, had Ms. Graves taken the small amount of time necessary to investigate the concealed handgun laws of New York the entire incident would have been avoided.
While I certainly sympathise with Ms. Graves and believe the law to be entirely to harsh. The truth is it is not the fault of the state of New York that Ms. Graves did not know the law. It is not the fault of the state of New York that Ms. Graves broke the law. The truth is if Ms. Graves breaks the law in any state in the U. S., including Tennessee, she will be subject to arrest and prosecution. The truth is that Ms. Graves has not been treated any more harshly than many before her. In fact it now appears she may (hopefully) be treated much less harshly. She may (hopefully) set a precedent. She may (hopefully) make a difference.
The truth is this tragic event is just one example of what I have stated before. When you decide to carry, you take on a whole new set of laws and responsibilities that did not apply to you before. Failure to read, understand and KNOW the contients of your states concealed handgun manuel can land you in prison many times over.
The truth is it is OUR RESPONSIBILTY, OUR DUTY, to ourselves, our fellow CHL holders, all pro-gun advocates, the impartial citizens and even the anti-gun advocates to know and abide by the laws and responsibilities we FREELY took on when we applied for our CHL.
This is what makes us LAW ABIDING CITIZENS. This is why we are RIGHT and they are FOOLISH.
“Volunteer State nurse inadvertently packing heat” I believe that line sums up the entire situation. No one, CHL holder or not, should ever be inadvertently carrying. Carrying a concealed handgun MUST ALWAYS be an advertent act.
As for this paticular article, I agree with Joe, except I hope it brings the attention necessary to prevent the overkill penalty on this woman and all who follow.
And I don’t live in Tennessee.
Well stated, Ron!
When I read this article earlier today it took about three minutes to find-out that Ms. Graves SHOULD have known she was violating New York State law under her specific circumstances as a CHL holder.
Not so well stated. I misspelled contents and manual.
In my defense I was about an hour late for lunch and starving, so when I finished I did not proof it.
Thank you anyway.
You probably will be and actually you have a point. On the other hand for all practical purposes banning concealed carry and reciprocal rights of other states has a rough analogy that the since the rest of the Bill of Rights is only applicable in TN, they should be waived in NYC. The 2A is a Federal Ammendment and should apply in all states.
Agree with you, but the 2A applies to all states as does the 1A. I went to NYC and waived free speech rights.
Yes Tom the 2nd does apply to all states and it applies to all states equally. But believe it or not the PRIVILEGE to carry concealed has nothing to do with the RIGHT to keep and bear arms, and it does not apply to all states.
It is a PRIVILEGE GRANTED by each individual state to those that state deems worthy and denied to those deemed unworthy.
To be granted the PRIVILEGE to carry concealed you must first apply to the state for consideration. You must then prove you are worthy of the PRIVILEGE. If you are deemed worthy you must pay a tax to the state for the PRIVILEGE. Once you have paid the tax you will be granted the PRIVILEGE to CARRY CONCEALED IN THAT STATE AND ONLY IN THAT STATE.
If you wish to carry concealed in another state you MUST abide by the laws governing concealed carry in THAT STATE.
None of this affects or is affected by the 2nd amendment.
IF you do not comply with all requirements of your states renewal process, your state will revoke your PRIVILEGE to carry concealed without any affect on your RIGHT to keep and bear arms.
You may voluntarily give up your PRIVILEGE to carry concealed at any time, without any affect on your RIGHT to keep and bear arms.
You may re-apply for the PRIVILEGE to carry concealed at any time without any affect on your RIGHT to keep and bear arms.
Each individual state may change the requirments and laws of that state with concern to concealed carry, even to the point of abolishing the PRIVILEGE at any time without any affect on your RIGHT to keep and bear arms.
ALL WITHOUT ANY AFFECT ON YOUR RIGHT TO KEEP AND BEAR ARMS.
NEITHER IS DEPENDENT UPON THE OTHER.
” But believe it or not the PRIVILEGE to carry concealed has nothing to do with the RIGHT to keep and bear arms, and it does not apply to all states.”
Really? You mean that the right to bear arms is in fact a privilege AND that Federal laws aren’t applicable across the nation? Interesting…..
No that is not what I mean.
That is not what I said.
Nor was it even implied.
I have no idea how you got that idea.
I plainly stated several times that concealed carry is a Privilege and it is.
The first ten amendments (Bill of Rights) to the United States Constitution were ratified on 12/15/1791. The 2nd of these is the right to keep and bear arms. This RIGHT is guaranteed to all citizens of EVERY STATE of the United States (of good standing) and has been since that date.
The PRIVILEGE to carry conealed is not guaranteed by the 2nd amendment.
No I do not mean that Federal law is not applicable across the nation and, again, I did not say that.
The PRIVILEGE to carry concealed is a state law and is written and enforced by each individual state.
It is a PRIVILEGE GRANTED BY EACH INDIVIDUAL STATE AS THAT STATE SEES FIT AND IF THAT STATE DESIRES TO DO SO.
Federal law applies to all states of the nation and becomes effective on the same day for all states and applies to all citizens equally.
This is not the case with concealed carry.
The RIGHT to keep and bear arms was guaranteed to all citizens of the U.S. in 1791.
The PRIVILEGE to carry concealed was granted to the citizens of Alaska in 1994, Texas in 1995, Nebraska in 2006 Wisconsin in 2011 etc.
As of this date the residents of the state of Illinois and D. C. are still not allowed the PRIVILEGE of carrying concealed because the state of Illinois and the nations capitol have not adopted CHL policies.
Does this mean the residents of Illinois and D.C. do not have the same RIGHT to keep and bear arms guaranteed by the 2nd amendment as the residents of the other 49 states?
Of course not.
Does it then, perhaps, mean that the PRIVELEGE to carry concealed is not guarateed by the 2nd amendment?
THAT IS EXACTLY WHAT IT MEANS AND EXACTLY WHAT I SAID.
Also how licenses are issued and to whom they are issued vary from state to state.
Unrestricted states ( these are the true 2A states) do not require a license to carry.
Shall-Issue states- license required, relatively easy to obtain.
May-Issue states-license required, generally more difficult to obtain.
No-Issue-Illinois and D.C.
THERE IS NO FEDERAL LAW ADDRESSING CONCEALED CARRY IN THE UNITED STATES.
As of this date 49 states have passed STATE LAWS allowing citizens to carry concealed.
THESE STATE LAWS HAVE NO BEARING ON THE 2ND AMENDMENT IN ANY WAY, FASHION OR FORM.
THEY ARE NOT GUARANTEED BY THE CONSTITUTION OF THE UNITED STATES OR THE BILL OF RIGHTS.
THEY MAY BE ABOLISHED BY ANY STATE AT ANY TIME WITH NO AFFECT ON ANY OTHER STATE OR THE NATION AS A WHOLE.
IF THE 2ND AMENDMENT WERE TO BE ABOLISHED IT WOULD STILL BE POSSIBLE FOR INDIVIDUAL STATES TO GRANT CONCEALED CARRY PRIVILEGES UNTIL SUCH TIME AS THE FEDERAL GOVERNMENT WERE TO ABOLISH THERE RIGHT TO DO SO.
NEITHER THE 2ND AMENDMENT RIGHT TO KEEP AND BEAR ARMS NOR THE STATES RIGHT TO GRANT CONCEALED CARRY PRIVILEGES IS DEPENDENT UPON THE OTHER.
That is what I said.
Those are the facts.
“The PRIVILEGE to carry conealed is not guaranteed by the 2nd amendment.”
The RIGHT to carry a weapon, however you see fit (meaning openly or concealed) is guaranteed by the second amendment. If it said “The right to keep and openly bear arms shall not be infringed” then you’d have a point.
“No I do not mean that Federal law is not applicable across the nation and, again, I did not say that.”
The second amendment is a Federal law (well, technically a prohibition on laws, but you know what I mean) and thus it allows people to own and carry weapons however they see fit.
Just because you’re anti-rights doesn’t mean that’s what the Constitution says. People like you who view every right as “privilege” that can be taken away by a vote or any whim of a politician are exactly why we’re in this mess.
Ron: Your 3rd sentence might need to be rephrased. New Jersey considers ALL
its citizens to be “unworthy”. Not ALL of us are unworthy of this privledge! As for the other commenters on this blog the New York City arrest would not have happened had their been a 50 state reciprocity in effect. If all 50 states had to honor each other’s permits we would not be blogging about this.
To hell with reciprocity.
The only way this country will return to the country the Founding Fathers envisioned is for all fifty states to follow the lead of Vermont and become unrestricted states.
I feel that if tennessee state police are going to give new yorkers a bit of problems due to the woman that did not check into the laws of new york to carry a weapon .
Then new yorkers should not visit that state for vacation or even pass through it.
Give the other states the income and revenue of the new york tourist pays out on vacation I my self had a family reunion in July with 22 people and 6 cabins for a week costing a sum of $18,000.00 total i just called to cancel due to the elderly people in our group that don’t need the hassle. What a shame we will be going to Florida instead . Who do you think would get the bad end of this New York that everyone from all over the world comes to visit and just a hand full of Tennessee that come compared to the rest or Tennessee that they depend on the NY and NJ and Yankee states as you put it on there tourist list to promote YOU REALLY THINK A GOVERNMENT SHOULD GET INVOLVED IF YOU DO…………..THEN LETS ROCK!!!!!! YES I AM A GUN OWNER TOO!!!!I KNOW THE RULES!!!