A Marine Corps reservist says he unintentionally drove his truck across the U.S. border into Tijuana, Mexico, in which he was arrested and billed with possession of three firearms and ammunition. All of the guns were legally registered in the United States. Remarkably, nevertheless, in Los Estados Unidos Mexicanos, firearm possession is nearly totally outlawed. Sgt. Andrew Tahmooressi, a decorated Marine who served two excursions in Afghanistan, had a shotgun, a handgun and a rifle -- all illegal in Mexico. He also experienced 400 items of ammunition. He is becoming held on weapons fees in a prison outside a city close to Tijuana. I can think about what some folks may possibly be contemplating on hearing this information. Danny Cevallos Wait -- Mexico has stringent gun manage legal guidelines? And anyone from the Southwest, or anyone who has ever been to Tijuana, might have followed that up with: Hold out -- Tijuana has legal guidelines? Soon after all, a lot of 19-year-old Us citizens go to Tijuana especially due to the fact of the border town's famous, shall we say, "peaceful" legal strategy to minimum consuming ages and competitively priced prostitutes. But it truly is real: Despite the fact that the Mexican Constitution is comparable to the U.S. Constitution in that it ensures some proper to arms, Mexico's statutory possession and permit rules have primarily controlled this "appropriate" into a theoretical 1. That is proper, Mexico is really difficult on guns. Effectively, sort of. The controlling law is Ley Federal de Armas de Fuego y Explosivos (LFAFE), or the Federal Firearms and Explosives Regulation. (For a fantastic translation of the text into English, as effectively as an tutorial analysis of Mexican gun laws, examine out David Kopel's Mexico's Gun Management Regulations: A Model for the United States?) The limited version: Tahmooressi, who has been held far more than two months, faces some critical penalties for the firearms in his truck. Even possessing ammunition without having prior authorization is prohibited in Mexico by federal legislation, with penalties of up to 30 a long time in prison. Mexico's message is obvious: Firearms? No bueno. A U.S. Customs officer checks a person's ID at San Ysidro, California, the place Sgt. Andrew Tahmooressi crossed into Mexico. A traveler crossing into the U.S. from Mexico exhibits his ID to an automatic reader at San Ysidro, California. The incident has induced a groundswell of assist for the sergeant in the States. This raises an intriguing concern, however. If Tahmooressi wasn't such a sympathetic figure, in fact, if he was anything other than a war hero, numerous of us might be inquiring diverse inquiries. Queries such as: Who accidentally drives into Mexico with a truck total of firearms? Due to the fact if you strip away the excellent character, the remaining specifics are not so great for Tahmooressi, especially from a criminal protection viewpoint. A Mexican prosecutor could target on the fundamental information: First, Tahmooressi drove his automobile throughout the border into Mexico next, with firearms and ammunition in his truck. In Mexico, that's a obviously described crime. On the defense aspect, it truly is been broadly described how simple it is to accidentally generate into Mexico at the San Ysidro border crossing. This could help negate his inten 信箱服務. Then there is the issue of Tahmooressi's war-associated conditions, which might have contributed to his unfortunate option of freeway ramps. Tahmooressi suffered a extreme concussion when a homemade bomb seriously destroyed his automobile in Afghanistan. His mom has mentioned he suffers from "directional dysfunctionality," which signifies he regularly receives dropped, as properly as publish-traumatic tension disorder, despair and hypervigilance -- conditions obtained during, and because of his support. And much more to his credit, this Marine did make legislation-abiding selections: His firearms had been lawfully registered in the U.S., and he right away referred to as 911 from his mobile cellphone for advice when he'd understood his error. This region has rallied about Tahmooressi because he's specifically the kind of figure America rallies about: a great individual caught in a undesirable scenario. But what if this occurred to an individual else? What if this have been just a believe in-fund frat boy on spring split, who took a improper change in his parents' Volvo with an AK-forty seven in the passenger seat? Would there be the same outpouring of sympathy, if other facts remained the identical? Utilize the very same facts to the fictional spring-breaker above, or one of the Jackass guys, or -- dare I say it -- Justin Bieber. Do you believe most of The usa would be so mobilized? Regardless of whether we confess it or not, the amount of well-liked help is usually pushed by the character of the man or woman involved, and not the fundamental details. If "The Biebs" experienced manufactured this improper turn, we'd be expressing very good riddance -- and we would not care what his psychological overall health status was at all. Do not get me mistaken: If I had been president, I would have already despatched in Blackhawk helicopters to extract Tahmooressi -- but mercifully for the U.S., I am not the President. He even tried a prison escape. Of program, lawyers are ethically forbidden to counsel a criminal offense like a jail escape, but I am pretty certain we can silently root for one〞especially when it really is in a overseas jurisdiction. Mexico should be equally praised and criticized for its gun control legislation. In theory, as prepared, the statute tries to limit gun possession to only the most dependable house owners, or the most needed needs. In apply, nonetheless, we all know Mexico is hardly a gun-free, crime-totally free utopia. Tahmooressi is a responsible gun operator whose ownership did not comply with Mexican law. Now, his independence is dependent on three elements, unrelated to the information: Initial, the Mexican government can pick not to prosecute. Prosecutors in the States have discretion to withdraw prosecution in the fascination of justice. I hope their Mexican counterparts have similar interests: to protected justice rather than victory. Second, U.S. political force may possibly help to safe his launch. But if Tahmooressi advantages from either of these, it will be since of his excellent character and not the fundamental details. The underlying information right here are poor for this defendant. Of program, the third choice is a protected escape from a Mexican jail ... but I didn't in fact advise that. Stick to us on Twitter @Op. Join us on Facebook.文件倉
留言列表
