NEW YORK ( CNN ) -- An online campaign in support of a former U.S. Marine -- arrested for attempting to security-check his pistol while visiting the Empire State Building -- is bringing new attention and a fair amount of scrutiny to one of the nation 's toughest gun-control laws . Ryan Jerome , 28 , was charged with criminal possession of his .45-caliber Ruger while visiting the famous New York landmark during a September vacation with his girlfriend . Jerome has a license to carry the weapon from his home state of Indiana , but New Yorks state gun laws do not recognize out-of-state permits . With his case still pending , Jerome could face up to three and a half years in jail . Jerome 's attorney says its clear his client , who does not have a criminal record , was n't attempting anything nefarious because Jerome approached security on his own to tell the guards about his weapon . But the law prohibits anyone -- with certain exceptions such as law enforcement officers -- from carrying a firearm in the state unless that person specifically has a New York state-issued permit . Jerome spent two days in a jail cell before he could make bail . `` I was in utter disbelief , I was in shock , '' said Jerome . His arrest is one amid a series of similar instances that have some questioning whether New York state 's strict gun laws , which aim to protect public safety , are unnecessarily targeting law-abiding citizens . `` We just do n't believe , as I believe most do n't think , that he should be prosecuted under such a stringent statute which is clearly designed to get the so-called bad guys , '' said Jerome 's attorney , Mark Bederow . Fellow Marines , on a website called leatherneck.com are rallying to Jerome 's side and have begun a letter-writing campaign . David Bruce says he 's been sending the letters to New York City law enforcement officials . `` We 're asking that Ryan Jerome 's case be moved from the prosecution file to dismissed file -- it 's as simple as that , '' Bruce said . Jerome attempted to check New York 's gun laws on his cell phone , but his lawyer says Jerome `` made a mistake , '' when he read the information . `` Its just been a real nightmare , '' Jerome told CNN . Other gun-toting tourists have also found themselves in similar situations . Tea party activist Mark Meckler , who according to the Transportation Security Administration legally checked his unloaded California-registered pistol in a locked box during a preflight check-in at New York 's LaGuardia airport , was arrested at the airport in December . Authorities say in Meckler 's case , the original charge was reduced to a violation and a fine . Last month , a Tennessee medical student was arrested at the 9/11 memorial after trying to check her gun ; she will go to court in March . The head of a prominent New York City gun-control group sympathizes with Jerome , but says the gun laws should not change . `` New York needs to send a very powerful message to gun owners , which is if you decide to have a gun , there 's a lot of responsibility that comes with that , '' the president of the Citizens Crime Commission of New York City , Richard Aborn , told CNN , `` And one of those responsibilities is knowing where and when you can carry that gun . '' As for Jerome , his fate is in the hands of the Manhattan district attorney . Its unclear what prosecutors will do with this case . `` All of our laws allow prosecutors to carefully evaluate the facts and circumstances unique to each case , and exercise discretion in cases where justice dictates leniency , '' said Erin M. Duggan , director of communications for the district attorney 's office . She added , `` New York state has enacted rational gun laws for one very simple reason : to protect everyone visiting , living , or working in New York . '' Jerome is expected to be back in court in March . CNN 's Kristina Sgueglia contributed to this report .
Ryan Smith was arrested when he tried to security - check his pistol . The former Marine has a permit for the gun in his home state , but he was visiting New York . The state requires that gun - toting visitors have a New York - issued permit . People carrying guns are arrested even though they have permits from their home states .