Ravenwood - 09/20/03 12:33 PM
For the average person, trying to go through airport security with a firearm would get them in pretty hot water. Of course, if you are a public servant or the wife of a public servant and you break the law, everyone just looks the other way. World Net Daily notes that being the spouse of a professionalized, federalized, TSA manager has it's priviledges.
The wife of a Transportation Security Administration manager at Denver International Airport won't be charged with a crime after screeners discovered a handgun in her purse.For regular folks like you and me, the law is black and white. When it comes to the priviledged few, however, the executive branch who are tasked with enforcing the law, chooses to give them special treatment.The Denver Post reports 35-year-old Helene C. Nance was arrested Tuesday after screeners discovered a .380 semi-automatic handgun, seven live rounds and a magazine in her purse as it made its way through an X-ray machine.
Though such finds have often resulted in federal gun charges, Nance - an on-call secretary for the airport's human resources department - won't be charged because, state attorneys said, she did not appear to have intentionally violated the law.
Normally, I would be very happy with the powers that be pretending to have some common sense in enforcing the law. Still, knowing that if I had inadvertently left my handgun in my bag that the outcome would be altogether different, this one fails the smell test. If you are going to look at "intent" you should do that for everyone. So much for equal protection.
UPDATE: The AJC notes that a Dekalb County Commissioner made a similar mistake. He was arrested, and will apparently face charges.
Actually, this is a common outcome. Just before I retired from a Western police agency, I had duty in a courthouse where all possession of weapons was a felony except for court officers according to the Chief Justice of the court. I bagged a lady coming in with a loaded and charged .380 one day, and cited her into court on the charge, seizing her weapon.
The DA threw out the charge on the basis that the State couldn't prove intent to violate the law. She had said, "sorry, I forgot it was in my purse. I've been under a lot of stress lately." Because I was an honest cop, I included that statement in my report, feeling that her statement was a confession to the elements of the charge. The case was tossed because the DA said it proved her lack of intent. We went around a few days, but, no case.
My suggestion is: forget making this a crime. With this type of prosecutorial logic, it can never be proven beyond a reasonable doubt. Instead, make it a civil infraction, with a fine of $5,000.00, not reducible by the judge, and with permanent forfeiture of the weapon. That will get the attention of the pistol packing soccer moms.
Posted by: Retired Cop at September 22, 2003 7:48 PMOn the surface, I'm inclined to agree with you. The penalty is harsh enough to send a message, yet doesn't stigmatize the person for the rest of their life. I, for one, would hate to have a "firearms conviction" on my record because I made a boneheaded mistake. (As a gun toting Northern Virginian, it would be all to easy to take a wrong turn and end up in DC or Maryland where the laws are altogether not in my favor.)
Posted by: Ravenwood at September 22, 2003 8:58 PM(c) Ravenwood and Associates, 1990 - 2014
