New-York tribune., 1911-09-06
GUN LAW STILL PUZZLES
Whitman, McAdoo and Waldo
Can't Agree on Interpretation.
MANY TEST CASES PENDING
District Attorney Holds Weapons
Kept on Premises Prior TO
Sept. 1 Can't Be Seized.

| The puzzles set for the authorities OF ius-
tee IN this city by the Sullivan dangerous
weapons act came no nearer solution YES
terday than they were on the first dav OF
the month which was also the first day of
/ the enforcement OF the new law. con.
! ference between District Attorney Whit
man. Chief Magistrate McAdoo and Police
/ Commissioner Waldo brought their three
/ departments no nearer harmony in an in
depreciation OF the law. and the grand Jury
TO which three cases had been referred by
cautious magistrates handed down no in
/ dictments that might serve as a guide in
/ future proceedings.
The justices Of the courts Of General and
/ Special Sessions BETRAYED no eagerness 70
hand down learned decisions on the matter
/ though the fate Of the law now rests in
/ their hands. unless some eager citizen car
rles II up 10 the Appellate Division. Sew
cral test cases have. however. been pre-
pared for their decision. and they must
soon either expound the intricaces Of the
act or declare it unconstitutional
I one OF thase cases will be that OF the
two paWnbrokers arrested on Friday FOR
/ having revoivers in their stores without a
permit Michael J. Sweeney, counsel for the
/ Pawnbrokers Association. was busy yes
terday arranging the details with Isidore
Wasservosel, Assistant District Attorney,
specially detailed 10y District Attorney
Whitman 70 look after the new law
Another viii be that OF ". r. Ruhl. a
bank clerk employed by Goldman, Sachs &
/ Co. Of No 6o Wall street. who was ar
rested. yesterday when a revolver IN his
I possession went of accidentally and slight
+ ly wounded another clerk in the same office
Judge Whitman said that he would request
Ruhl's lawyer 10 make it a test case when
/ it was called i'm the Tombs court at g
o'clock this morning.
James f. Dillon. Fourth Deputy Police
/ commissioner, reasserted his intention yes
terday Of holding TO a strict Interpretation
o. the law, requiring every one who pos
sessed weapons easily concealed on his per-
son. whether he kept them in the house or
not. 10 have a permit The District Attor-
/ ney. on the other hand. uphold.ng his for
mcr belief that the courts would not con-
vict men who kept revolvers in their homes.
issued the following statement.
There seems TO be some misunderstand-
/ ing in regard 10 the attitude of this office
/ on the sO-called pistol law.
i
courts viii eventually decide that firearms
( lawfully obtained and kept by any citizen
on his premises prior 10 September can
not be confscated. and the citizen cannot
+ be properly charged with a crime merely
/ because that pistol remained on the
/ premises and was found there subsequent
| TO September l.
! Il has always been crime TO carry a
/ revolver concealed on the person. and the
! act very properly makes il a felony.
Pistols cannot lawfully be maintained or
! carried in the state without a permit since
/ September l. and II course any one who
/ has any such weapon obtained since that
/ date without a permit. which is in his
/ possession within the meaning Of the law,
F whether II is on his person or not. is
guilty OF a violation Of the act.
The doubt under which judges labor in
other parts Of the state in regard 10 the
law was typifed II Yonkers Yesterday,
when acting City Judge Ellis discharged the
first prisoner who came before him charged
with CARRYING a revolver, thus treating II
as a misdemcanOr. Thomas Byrd, Of No.
3 Oak Place. was the alleged offender. and
it was generally supposed that he would
bs held for the grand jury OH felony
.ldFge.