Hunting accident leads to a Criminal Possession of A Weapon charge

[BMF JK]

According to Oneida County Sheriff, Robert M. Maciol, a Camden man, was arrested on November 30th, 2024, following a hunting incident involving an injury by a firearm.

On November 30th, 2024 at approximately 8:30 AM, Oneida County Sheriff's Deputies responded to a residence, located in the Town of Camden, regarding a hunting incident involving an injury by firearm. The hunting incident occurred in the Mad River State Forest, located on Meagher Wells Rd, in the Town of Florence. Throughout the investigation, it was discovered that a 17 year old male juvenile sustained an accidental self inflicted gunshot wound to his foot. The identity of the juvenile will not be disclosed at this time, due to being a minor. The juvenile was treated and transported by Camden Ambulance to SUNY Upstate for non life threatening injuries.

Further investigation was conducted by members of the Criminal Investigation Unit and as a result, Andrew R. Joyce (46), was charged with Criminal Possession of A Weapon in the third degree, a class D felony. Investigation revealed Joyce was in possession of a non NYS compliant AR-10 rifle.

Joyce was subsequently taken into custody and processed at the Camden Field Office. Joyce was transported to OCJ and is currently being held at the Oneida County Jail, awaiting Centralized Arraignment.

The Oneida County Sheriff's Office was assisted on scene by members of the NYSP, ENCON, and Camden Ambulance.

 

[BMF JK]

At face value this seems ripe for a court battle.

 

[libertysnake]

If it's a pure SafeACT charge, my guess is that they hold the gun, have him plea to a misdemeanor or reduce it to a fine with a loss of the gun, so it never goes further up to SCOTUS and his record stays clear.

I would also like to know what degree of non-compliant. Was any attempt made at all? They'd have a hard time charging him if a clear attempt was made, and they're just playing with definitions of grips or bayonet lugs vs ears. I assume it's not that since clarity is the last thing they want. It'd have to be something obvious like a full grip, or threaded barrel, something that blatantly went against the (unconstitutional) SafeACT.

 

[ManualF150]

They need to clear it out of the system too...

 

[Cavalry]

If it's a pure SafeACT charge, my guess is that they hold the gun, have him plea to a misdemeanor or reduce it to a fine with a loss of the gun, so it never goes further up to SCOTUS and his record stays clear.

Yes but no. Plea deal for felony 3rd criminal possession of a firearm with probation, that way its one less gun owner in the system.

Source: Stephen Gomula

 

[libertysnake]

Yes but no. Plea deal for felony 3rd criminal possession of a firearm with probation, that way its one less gun owner in the system.

Source: Stephen Gomula

Who is Stephen Gomula?

Also what compliance issue are they getting him on? It's probably not the ones they've ill defined like grips or bayonet stuff, I assume?

 

[Cavalry]

Who is Stephen Gomula?

Also what compliance issue are they getting him on? It's probably not the ones they've ill defined like grips or bayonet stuff, I assume?

By memory only, it was a pure safe act arrest maybe 2 years ago. He had some sort of breakdown and alluded to to suicide as a solution to a friend, who called police. An investigation and search of his residence netted a full featured AR in a closet with a 30 round magazine.

As far as definitions, its pretty clear cut. If it has a detachable mag, nothing is allowed.

 

[libertysnake]

By memory only, it was a pure safe act arrest maybe 2 years ago. He had some sort of breakdown and alluded to to suicide as a solution to a friend, who called police. An investigation and search of his residence netted a full featured AR in a closet with a 30 round magazine.

As far as definitions, its pretty clear cut. If it has a detachable mag, nothing is allowed.

Right what I'm saying is what did this new guy have that was the issue? Was he trying to comply or are they finally going to define some of these alternative grips? I assume this guy didn't try, and hence why they're going for the arrest.

 

[Cavalry]

Right what I'm saying is what did this new guy have that was the issue? Was he trying to comply or are they finally going to define some of these alternative grips? I assume this guy didn't try, and hence why they're going for the arrest.

We will likely never know the exact configuration of the rifle in question or the attempt or lack thereof for compliance.

 

[libertysnake]

We will likely never know the exact configuration of the rifle in question or the attempt or lack thereof for compliance.

That's pretty messed up. I'd like to know the details on some of these cases. I haven't head of one that has gotten far where the rifle was otherwise attempting to comply. They seem to be going after totally non-compliant ones. Or if partial compliance, from what I recall they just don't give the rifle back but don't bring a charge either and leave it at that.

For the record several people on the forums have AKs like this: Riley Defense AK-47 7.62x39mm 16.25" Black Polymer Rifle - NY Compliant Spur

Spur, no threads, no lug ears (although the portion that holds the rod is left intact, the ears shaved flat so there is nothing for the bayonet to ride on), fixed stock, no foregrip, 10 round mag.

And most ARs are similar to this, except I think the AR lug they remove it totally since it serves no other purpose without the ears to make the argument that portion should be left.

So my assumption it had very few of these if any implemented. But this is why I want to get an idea for what decisions they are making, to know if they're leveling judgement against common configurations or not like the ones I listed above.

 

[kev74]

Anyone feel safer yet?

 

[libertysnake]

Anyone feel safer yet?

No, I told you in another thread. UPS nearly ran me over.

 

[Hochulsucks1234]

Next time someone pulls the "back the blue" or any of the other nonsense shit they spew to support cops...I just show examples like this. I for one do not trust cops at all. I get if the rifle was used in an actual crime...but the guy was hunting....come on.

 

[Acer-m14]

the guy must have been releasing a pet squirrel into the woods and DEC got mad they couldnt kill it so arrested him for a ugly gun .

 

[Darth]

As far as definitions, its pretty clear cut. If it has a detachable mag, nothing is allowed.

Ehh, if I wanted to play Def Atty it's "has the ability to accept a detachable magazine. "

A rifle with a detachable magazine inserted technically does not have the ability "to accept a detachable magazine. "

 

[BMF JK]

Strange thing is it doesn’t specify if he was in possession afield or further investigation led the police to his house and a search was conducted.
Was the rifle involved in the incident ? I'd imagine a child endangerment charge would’ve been issued as well .
Too many questions, apparently no other laws were broken . As I said this could potentially be a case to push up the ladder . Id gladly donate to the cause !

 

[BMF JK]

Side note :

The comments on the Oneida County sheriff FB page are mostly as they should be .
A couple Fudd comments but mostly thank you for violating our rights sort of stuff .

 

[Robin]

More shit in the shit hole state. Hokel probably had an orgasm.
Robin

 

[BMF JK]

Interesting!

 

[BMF JK]

Never give consent !

 

[Robin]

It would be nice if someone with deep pockets, or some organizations took up this cause. If all that is true, someone('s) needs some jail time and not Mf. Joyce
I actually remember when cops were cops that took an oath, not agenda advocates.
Robin

 

[Zerex]

911 center.......... always contact the Sheriffs and first responders.

ANY accident that requires an Ambulance, generally gets a Deputy visit..ESPECIALLY gunshot victims................no search warrant necessary............


Get with the program.

Annoying, but true.

 

[1341]

Based on the police report and Mr. Joyce's alleged Facebook post, your going to need a search warrant to search his vehicle, unless consent is given.

 

[Zerex]

WRONG

 

[Cooolone]

Not sure how or why a discharge in a residence is provisional to conduct a search! On what premise? What probable cause exists to search for "additional" firearms? What legal precedent provides for this? Curious...

 

[Zerex]

Accidental Discharge of a Firearm: Penalties and Defenses

An accidental discharge of a firearm occurs when a firearm fires at a time that is not intended by the user of the gun. This can happen for various reasons, including mechanical malfunctions or failures.

www.legalmatch.com

Pretty much universal.

 

[1341]

Umm...Right

 

[1341]

Not sure how or why a discharge in a residence is provisional to conduct a search! On what premise? What probable cause exists to search for "additional" firearms? What legal precedent provides for this? Curious...

A fishing expedition that worked, when the guy gave consent

 

[libertysnake]

Interesting!

View attachment 251159

What I want to know is, what cowards are sitting there trying with all their might to show if they can break a fixed mag with their strength to ruin the life of someone obviously trying to comply? How sick in the head do you have to be to do that?

 

[HANK the CRANK]

Ehh, if I wanted to play Def Atty it's "has the ability to accept a detachable magazine. "

A rifle with a detachable magazine inserted technically does not have the ability "to accept a detachable magazine. "

good point