ECU Pirates
.308 Win
I am a former federal officer. I was so top secret even your trooper "friend" could not look me up. I will be ok thanks for the concern though.
NY veteran facing 21 years for having standard Glock magazines
- Thread starter Dr. Evil
- Start date
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meketrefe
.450/400 Nitro Ex
Keeping drunk drivers out of the roads is a good thing.
Charging someone for a magazine is simply criminal.
I don't really know the whole story but this is disturbing:
1. Don't piss off cops.
4. Confronting the police late at night with no witnesses is DUMB !
Integrity: doing the right thing even when nobody is watching.
Charging someone for a magazine is simply criminal.
I don't really know the whole story but this is disturbing:
1. Don't piss off cops.
4. Confronting the police late at night with no witnesses is DUMB !
Integrity: doing the right thing even when nobody is watching.
Wow, there are many here who should read up on laws and rulings set down by SCOTUS.
The search may or not be legal. NONE of us were there on the side of the road. NONE of us have read any of the reports or notes of the arrest. NONE of us know for a fact that the guy did not give permission. NONE of us know what was said. NONE of us know if the box was actually locked or not.
Searches of this kind are not as cut and dry as some here believe. Hell, the cops may have been wrong in their search, if that was the case, it was the responsibility of the Lawyer to fight that point. I could only hope that the entire truth and all of the facts were to come out. I am talking 100% honesty from all sides. We know that will never happen.
I feel for this guy and his family. What is happening to him is a horrible travesty of justice. ALL of the SAFE Act is complete Bullshit.
This man put himself into this mess. Regardless of how we all feel about these Bullshit laws, he chose to ignore them. He would not be in this situation if he did not decide to break the law.
I hope at sentencing, he has a new lawyer. Apparently the one he has is not very good at his job. I do not believe he is going to get jail time, if I am wrong, his jail time will be very short. Damn shame that because of a bad decision made by the defendant, he will never be able to enjoy his 2A ever again.
The search may or not be legal. NONE of us were there on the side of the road. NONE of us have read any of the reports or notes of the arrest. NONE of us know for a fact that the guy did not give permission. NONE of us know what was said. NONE of us know if the box was actually locked or not.
Searches of this kind are not as cut and dry as some here believe. Hell, the cops may have been wrong in their search, if that was the case, it was the responsibility of the Lawyer to fight that point. I could only hope that the entire truth and all of the facts were to come out. I am talking 100% honesty from all sides. We know that will never happen.
I feel for this guy and his family. What is happening to him is a horrible travesty of justice. ALL of the SAFE Act is complete Bullshit.
This man put himself into this mess. Regardless of how we all feel about these Bullshit laws, he chose to ignore them. He would not be in this situation if he did not decide to break the law.
I hope at sentencing, he has a new lawyer. Apparently the one he has is not very good at his job. I do not believe he is going to get jail time, if I am wrong, his jail time will be very short. Damn shame that because of a bad decision made by the defendant, he will never be able to enjoy his 2A ever again.
Unlike many on this site, I don't live in lala land.
You think the NYSP is bad ? Try dealing with the cops in Nam' or Thailand.
As we used to tell passengers: "Sit down, shut up and don't smoke !"
Why is it so hard to comprehend that he was breaking a settled law ?
You want to riot, protest, march etc ..... feel free. You will be further marginalized in a state where a referendum would see ALL guns banned.
F-ing dummies !
You think the NYSP is bad ? Try dealing with the cops in Nam' or Thailand.
As we used to tell passengers: "Sit down, shut up and don't smoke !"
Why is it so hard to comprehend that he was breaking a settled law ?
You want to riot, protest, march etc ..... feel free. You will be further marginalized in a state where a referendum would see ALL guns banned.
F-ing dummies !
nortatoga
.338 Win Mag
holdover
.475 A&M Magnum
I've posted my credentials on here. I'm not doing for you
Question for you...
You have any Creds, or just friends in high places? All your NYSP and Border Patrol buddies' creds do not count. I see you are very good with Google searches, what other tricks can you do to amaze?
BTW, Holdover was indeed a cop. Just like many on this forum. None of them will show you their papers. None of them need to. You posted a couple of decent court cases, but not all of them that are relevant to this case.
Google just a bit more, you may in fact find out that you may not be as correct as you think.
spat
.950 JDJ
Yea, I hear you, that guy who got executed for saying "I can't feed my family" in North Korea should have known he was violating a "settled law". Anyone who has any sympathy for him is a sucker too
..
Dr. Evil
20×102mm Vulcan
As A Jew I would appreciate you keeping my people out of this thread. Carry on.
Bob
6.5 Creedmoor
Agreed.
But a quick point of order...
10 rounds was the law prior to the SAFE Act, and it was an arrestable offense then. This is NOT a SAFE Act case.
As A Jew I would appreciate you keeping my people out of this thread. Carry on.
But isn't that important information to inject into every discussion?
As important as Race and sexual choice?
When all else fails, throw around terms of Germany and the Jews, it is Racist and/or Sexist! Wins the hearts and minds of all involved.
meketrefe
.450/400 Nitro Ex
Maybe this guy was being an ass even when not drunk.
I am not defending any veteran's actions but perhaps he has seen things that we could never imagine.
We don't know many things about the arrest because we were not there.
But what I know many of the cops we know here and form the area and the gun clubs here, PD or sheriff would
give this guy some slack even if he is a veteran with an attitude.
There is not preferential treatment but I think most folks are very clear about the travesty of this law or at least the
ones I know they are pretty open about it.
But again there are also some lonely riders who want o fill the BS quota.
I am not defending any veteran's actions but perhaps he has seen things that we could never imagine.
We don't know many things about the arrest because we were not there.
But what I know many of the cops we know here and form the area and the gun clubs here, PD or sheriff would
give this guy some slack even if he is a veteran with an attitude.
There is not preferential treatment but I think most folks are very clear about the travesty of this law or at least the
ones I know they are pretty open about it.
But again there are also some lonely riders who want o fill the BS quota.
Bob
6.5 Creedmoor
I don't recall either.
No doubt that the guy is in a shitty position. The laws suck. But I don't think this case is the hill to die on.
spat
.950 JDJ
I think there were such things as "pre ban" mags back then too...
Marine Cpl
.577 Tyrannosaur.
Back then I carried 15 rounders. Preban.
nortatoga
.338 Win Mag
My S&W 6906 is from 1989 had 12 rounders, Almost got rid of it after the Un-Safe but I was able to get 10 rounders and got rid of the 12's out of state!
Marine Cpl
.577 Tyrannosaur.
How is he having felony charges?
S 265.37 Unlawful possession of certain ammunition feeding devices.
It shall be unlawful for a person to knowingly possess an ammunition
feeding device where such device contains more than seven rounds of
ammunition.
If such device containing more than seven rounds of ammunition is
possessed within the home of the possessor, the person so possessing the
device shall, for a first offense, be guilty of a violation and subject
to a fine of two hundred dollars, and for each subsequent offense, be
guilty of a class B misdemeanor and subject to a fine of two hundred
dollars and a term of up to three months imprisonment.
If such device containing more than seven rounds of ammunition is
possessed in any location other than the home of the possessor, the
person so possessing the device shall, for a first offense, be guilty of
a class B misdemeanor and subject to a fine of two hundred dollars and a
term of up to six months imprisonment, and for each subsequent offense,
be guilty of a class A misdemeanor.
S 265.37 Unlawful possession of certain ammunition feeding devices.
It shall be unlawful for a person to knowingly possess an ammunition
feeding device where such device contains more than seven rounds of
ammunition.
If such device containing more than seven rounds of ammunition is
possessed within the home of the possessor, the person so possessing the
device shall, for a first offense, be guilty of a violation and subject
to a fine of two hundred dollars, and for each subsequent offense, be
guilty of a class B misdemeanor and subject to a fine of two hundred
dollars and a term of up to three months imprisonment.
If such device containing more than seven rounds of ammunition is
possessed in any location other than the home of the possessor, the
person so possessing the device shall, for a first offense, be guilty of
a class B misdemeanor and subject to a fine of two hundred dollars and a
term of up to six months imprisonment, and for each subsequent offense,
be guilty of a class A misdemeanor.
Marine Cpl
.577 Tyrannosaur.
This 7 round limit was struck by the 2nd circuit and the Penal Law hasn't been updated. If it hasn't been updated, doesn't that invalidate the charges?
They can only charge you as per what's written on the Penal Law. No?
They can only charge you as per what's written on the Penal Law. No?
ECU Pirates
.308 Win
Shit, it seems so long ago.
Charged with Penal law 265.02
My former top secret SAP, SCI federal officer post was a joke.... or was it?
Um yeah, all you Feds and ex-Feds are a joke!
Sub-sectio 8 I believe.
(8) Such person possesses a large capacity ammunition feeding device.
Criminal possession of a weapon in the third degree is a class D
felony.
(8) Such person possesses a large capacity ammunition feeding device.
Criminal possession of a weapon in the third degree is a class D
felony.
Marine Cpl
.577 Tyrannosaur.
Yea. I saw that. But the law is struck and they haven't updated it.
No, not really, what was struck down was the seven round limit. The less than eleven is still in effect.
I my be wrong, no law degree. It is how I read it.
Marine Cpl
.577 Tyrannosaur.
If I were the lawyer, I would argue that the law has to be current to enforce.
I would also argue that he possessed it prior to the enactment of the law.
For purposes of this subdivision, a large capacity ammunition feeding
device shall not include an ammunition feeding device lawfully possessed
by such person before the effective date of the chapter of the laws of
two thousand thirteen which amended this subdivision.
If he says he possessed it preban which they cannot prove that he didn't, it would default to S265.37 which is s misdemeanor.
And even then, the law hasn't been updated and no warrant was issued to open the locked box.
Real shitty lawyer this guy has.
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