CBS/AP/ December 21, 2012, 11:09 PM

Mexico frees ex-Marine jailed for bringing in gun

Former Marine Jon Hammar, now 27, seen here in a formal portrait. Hammar is imprisoned in Mexico over the possession of an antique gun.

Former Marine Jon Hammar, now 27, seen here in a formal portrait. Hammar is imprisoned in Mexico over the possession of an antique gun. / CBS/Personal Photo

Updated 11:09 PM ET

MIAMI A Marine veteran jailed for months in Mexico after trying to carry a family heirloom shotgun across the border has been freed, officials and his lawyer said late Friday.

The attorney for Jon Hammar tweeted Friday night that his client had been released from a detention center in Matamoros, Mexico. U.S. officials were planning to drive the 27-year-old Hammar across the border at Brownsville, Texas.

"Jon is out, going home!" Eddie Varon Levy tweeted.

Patrick Ventrell, the acting deputy spokesman for the State Department, confirmed Hammer's release and return to the U.S. in a statement Friday night.

"Officials from the U.S. Consulate General in Matamoros met him at the prison and escorted him to the U.S. border, where he was reunited with members of his family," the statement said. "We sincerely appreciate the efforts on the part of Mexican authorities to ensure that an appropriate resolution was made in accordance with Mexican law, and that Mr. Hammar will be free to spend the holidays with his loved ones."

U.S. Rep. Ileana Ros-Lehtinen, R-Fla., confirmed Hammar's release in a statement. She said he was "back safely in the United States."

"These past few months have been an absolute nightmare for Jon and his family, and I am so relieved that this whole ordeal will soon be over," the congresswoman said. " I am overcome with joy knowing that Jon will be spending Christmas with his parents, family and friends."

An aide to a legal representative of the Mexican attorney general's office had told U.S. Sen. Bill Nelson's staff about the pending release after the Florida Democrat's office got word from Hammar's mother, according to a press release from Nelson's office.

"No American should be in a Mexican jail for five months without being able to have his case in front of a judge," Nelson said in that statement. "We're grateful; this is a good Christmas present."

Earlier Friday, Varon Levy said he was flying from Mexico City to Matamoros to pick up his client. After that, the attorney said, they intended to cross the border. "I'm very happy. I feel that the Mexican legal system came out the way it should have," he said.

U.S. immigration and State Department officials had been at the Mexican detention center waiting for Hammar's release.

A defense lawyer said Mexican authorities determined there was no intent to commit a crime, Nelson's office said. The senator was among a handful of elected officials who urged the State Department to help get Hammar out of Mexico. His family had said he was being held in isolation after they received threats to his safety.

Varon Levy said the path for Hammar's return was cleared when Mexican officials decided not to appeal the judge's ruling.

Civilian gun ownership is illegal under Mexican law unless the owner purchases the weapon from a special shop run by the country's Department of Defense.

"The Department of State warns all U.S. citizens against taking any type of firearm or ammunition into Mexico," the U.S. Embassy in Mexico writes on its website. "Entering Mexico with a firearm, certain types of knives, or even a single round of ammunition is illegal, even if the weapon or ammunition is taken into Mexico unintentionally."

Mexican law also bans shotguns with barrels of less than 25 inches. The family said Hammar's shotgun has a barrel of 24 inches.

Tourists are allowed to bring guns for hunting on rare occasions, but Mexican officials said all visitors must receive a special permit before entering the country. Mexican customs agents do not issue gun permits. As a result, anyone crossing the border with a firearm or ammunition without a previously issued government permit is in instant violation of Mexican law, which stipulates long jail terms for breaking weapons laws.

Last week Hammar's parents, Jon and Olivia Hammar, told "CBS This Morning" that their son left in August with a friend for a road trip to Costa Rica, on what was supposed to be a surfing adventure and a healing getaway for Hammar, a veteran of Iraq and Afghanistan who suffers from post-traumatic stress disorder.

Hammar's parents said that, crossing from Texas into Mexico, their son had a shotgun he was carrying - a family heirloom used for hunting - cleared by U.S. Customs.

"Customs weighed the gun, measured the gun, I think took pictures of the gun, gave him paperwork to fill out, and then he took that paperwork across to the Mexican side, declared the gun, and was immediately arrested," said Olivia Hammar.

But when the pair crossed the border and handed the paperwork to Mexican officials, they impounded the RV and jailed the men, saying it was illegal to carry that type of gun. Hammar's friend was later released because the gun did not belong to him.

Varon Levy said he was not sure of Hammar's immediate plans once in the U.S. "Probably some down time," he said.

© 2012 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
53 Comments Add a Comment
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dggoll1 says:
WHERE IS THE "SHOTGUN" ??
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jouett29 says:
Jeez! Where is the US press these days?
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rwsmith29456 says:
This was blown way out of proportion. Glad it's over.
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PourpaixPourpaix says:
Doing the right things probably allowed this fellow to get out of jail so quickly. However, doing the right thing does not include trying to change the big sign when entering Mexico forbidding weapons just because you believe Americans should get special privileges.

Unfortunate but true, if Mexico doesn't arrest and jail American suspects, the suspect flees across the border with impunity most every time. You have a traffic accident and don't have Mexican insurance? Expect jail time while authorities sort it out because that's the only way Americans can be held responsible. Left to themselves, Americans cheat every time.
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joesapper replies:
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The kid was following instructions from American customs , and brought paper work along with the gun to the authorities in Mexico , and if the truth were known , this was a little pay back for the Fast & Furious failure of Holder , and if it were not for the big heart of the pin head O'Reily the kid would be still in a Mexico jail .
Tiffany99 replies:
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The two guys probably had body armor and boxes of shotgun ammunition and other stuff like gloves and ski masks not mentioned in the article. They were only arrested on the weapon's charge. The U.S. Customs officers obviously didn't know Mexican gun laws, or they were used to gun smuggling that they ignored anyone bringing guns and just issue them the permit.
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Type_Z says:
The gun was handed down to this young man from his GrandFather. He and a friend were driving through Mexico in a Winnebago for an extended trip. He was suffering PTSD. The gun was approved at customs, yet he was arrested shortly after entering Mexico.

Thank goodness for a happy ending.
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Tiffany99 replies:
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Whether the gun was handed down by grandfather is not relevant. The bigger question is why he needed to bring a gun into Mexico? He was suffering from PTSD so is he planning to commit a crime or mass murder? If he only wanted to hunt, he can do that anywhere in America. The Mexicans did according to law. They prevented possible gun crime in Mexico. Now this guy with PTSD can do whatever he wants with a new gun inside America, and blame the whole thing on the 5 months jail term that screwed up his brain. I forsee another mass shooting by this guy.
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joesapper says:
The biggest pin head in the Media might be out spoken but I did not see any other media person speaking up against this wrong .

Tip of the hat to O'Reily , well done Fox .
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kevcl6750 says:
The article does not mention this so called "shotgun" uses .410 shells which are the smallest shotgun shells in use. This bore is considered a pre teen training gun and very hard to hunt with as they have a very short range and tight shot pattern. Its kind of ironic that Jon spent several months in a prison under the control of one of the most violent drug cartels in the world because he mistakenly crossed the border with this so called "Shotgun". I think the Mexicans decided to head off the coming boycott of Mexico . It always comes down to $ in that corrupt god forsaken country .
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kevcl6750 says:
The article does not mention this so called "shotgun" uses .410 shells which are the smallest shotgun shells in use. This bore is considered a pre teen training gun and very hard to hunt with as they have a very short range and tight shot pattern. Its kind of ironic that Jon spent several months in a prison under the control of one of the most violent drug cartels in the world because he mistakenly crossed the border with this so called "Shotgun". I think the Mexicans decided to head off the coming boycott of Mexico . It always comes down to $ in that corrupt god forsaken country .
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Tiffany99 replies:
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This reminds of another case of Michael P Fay who was jailed and caned four strokes for breaking the law in Singapore. When you are in a foreign country, respect the law there. Don't ever think that everywhere else tolerate Americans. Why does he need to bring a gun into Mexico, and with PTSD and likelihood to shoot or kill somebody?
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belair56 says:
They would let him in if he was bringing some fast and furious weapons for the cartels.
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judymar14 says:
I'm so glad he's home, this had to be horrible but...

Mexico's gun-laws are strick for the adverage citizen. Only drug cartels are exempt as they put the fear of death into not only the people but the government as well.

Before going into any country their laws have to be checked out. Not only the 3rd world, but countries we consider civilized. America too, as we are considered civilized.
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