GOYABEAN
.950 JDJ
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Florida man found with illegal handgun during traffic stop in Moreau
- Thread starter GOYABEAN
- Start date
What strikes me is absent further information, it appears this guy was not up to no good and had no ill intent. Under the law there is discretion to charge this as a misdemeanor instead of a felony. It would seem to me that the lesser charge would be more appropriate here. I don’t know why every one of these needs to be charged as a felony. If he was up to no good I get it. But mistakenly having a pistol without a permit from someone out of state should not warrant the felony charge.
nortatoga
.338 Win Mag
It will be plead down.
Not the point. A lower initial charge would probably be pled down as well. I’d rather start lower not higher.
nortatoga
.338 Win Mag
If this guy were to fight a felony and lose, he would most likely lose his Fla. license. so he take a misdemeanor plea.
I’m sure. He shouldn’t have been charged with the felony in the first place though. That’s my point. The felony was added under safe act for aggravating circumstances. The same exact crime can be charged as either a misd or felony.
nortatoga
.338 Win Mag
You answered your own question... *
The same exact crime can be charged as either a misd or felony.*
What aggregating factors were present to warrant the felony? None.
nortatoga
.338 Win Mag
He was pinched by NYSP who work for Cuomo, Charge may have been lesser had it been the Saratoga County Sheriff.
Poor guy. Hopefully the DA will do the reasonable thing.
nortatoga
.338 Win Mag
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nortatoga
.338 Win Mag
Point of view from a defense lawyer and former prosecutor, You like to quote lawyers don't you?
They just state the law. Is there a specific quote you’d like to direct me to?
nortatoga
.338 Win Mag
Just scanned through. I didn’t notice anything other than some basic law text.
By the way, take these lawyer sites with a grain of salt. They all seem to be hosted by the same third party provider. Most have the same text in the same layout. Just the law firm banners change. I’ve even seen some that say you don’t need a permit to possess a pistol in your home in NY. There isn’t actually a lawyer sitting down to type this stuff out. They pay a monthly fee and some company hosts and builds their page in a generic format. Go to a few sites. You’ll see what I mean.
Different Drummer
.44 mag
The absence of further information is rather curious to me as well. Not so much in regards to the gun owners actions or lack of actions or his intent. Nor how he should or shouldn't be charged.
How is it that during a stop for a traffic infraction the pistol was discovered in the trunk?
Where was the firearm owner going? Could he have possibly been enroute to Vermont? There are numerous routes of travel to cross into Vermont that would take you through the Town of Moreau. Vermont is a relatively short drive from Moreau.
Does FOPA (926A) come into play at all?
I realize of course that NYS shits all over FOPA, As occurs in other cases they seem to get away with it.
If he was traveling through seems as though locked in the trunk is out of the drivers immediate availability.
Ordinace being separate in a magazine also locked in the trunk. The State police report did not say the gun was loaded so sounds like the magazine was separate from the gun. There is the magazine being loaded argument but that is yet again more of NYS excrement soiling FOPA.
That NYS police release was as vague as the one where they were looking for an AR-15 that was last seen along a certain highway. Was it 9P, I forget?
I thought the same thing about discovery. I suspect the trooper saw the Florida plate and asked if there were weapons in the car. The driver probably volunteered the information thinking he wasn’t in violation of any laws. Little did he know he was no longer in America.
That’s my hypothesis.