Pistol not on permit, arrested.

[Doc8404]

Only a misdemeanor?

Frankfort Police Department Arrests Yorkville Officer After Investigation of Shots-Fired Incident at Elementary School

An arrest has been made following the investigation into a shots-fired incident at the Frankfort-Schuyler Elementary School.

www.wktv.com

 

[togmaster]

Because he is better than you.

 

[tirwin1]

Why do I think the consequences for a non police officer would be a tad ..... different.

 

[Depick]

One would think a police officer would know better. This is either a case of ignorance or arrogance.

 

[Rocpo]

"4 of the 5 were lost or stolen"

 

[kev74]

"4 of the 5 were lost or stolen"

That's some good police work!

 

[Robin]

"4 of the 5 were lost or stolen"

Boating accident.
Robin

 

[byron]

licensed and active police officer Who did he piss off. going to be hard to get a conviction on this .
New York State police officers are exempt from the requirement to have a pistol permit in the state:


Law Enforcement Officers Safety Act (HR-218)

My BLI was a state trooper had several handguns no permit so not registered no permit to put them on I remember him saying he was going to get one before he retired witch he did he said that as long as he was a trooper he did not have to register them but after retirement that he would have to this was probably 20 + years ago so maybe things have changed

 

[Dr. Evil]

Boy, he really shot himself in the leg.







Going to get as much mileage out of that as I can.

 

[kev74]

It's a dangerous time to be a cop!

 

[Doc8404]

licensed and active police officer Who did he piss off. going to be hard to get a conviction on this .
New York State police officers are exempt from the requirement to have a pistol permit in the state:


Law Enforcement Officers Safety Act (HR-218)

My BLI was a state trooper had several handguns no permit so not registered no permit to put them on I remember him saying he was going to get one before he retired witch he did he said that as long as he was a trooper he did not have to register them but after retirement that he would have to this was probably 20 + years ago so maybe things have changed

Doesn’t mean he doesn’t have to “register” it using Form C

 

[Doc8404]

Boy, he really shot himself in the leg.







Going to get as much mileage out of that as I can.

actually I don’t know as if it hit him.
The ricochet OR shrapnel hit a little girl.

 

[ManualF150]

Betcha the Yorkville officer is pissed about NYS Pistol Permits right now... and you know the SAFE ACT and the CCIA...

I like it when laws make it eat themselves...



I enjoy reading stuff like this.

How about these local PDs start standing up for citizens rights?!

 

[Darth]

Hi, Hopps Esq. here. If I may have a moment of your time judge, "failure to report/register the acquisition of a firearm" isn't in the NY Penal Law anywhere, so on that information (legal term), what was the crime again?

Thx.

 

[Doc8404]

Hi, Hopps Esq. here. If I may have a moment of your time judge, "failure to report/register the acquisition of a firearm" isn't in the NY Penal Law anywhere, so on that information (legal term), what was the crime again?

Thx.

I believe you are correct.
I believe they made up some garbage so it can be dismissed.
Should be criminal possession of a firearm.

 

[Hochulsucks1234]

Whats sad is a cop in 40+ other states would have been just fine. Well I guess the discharge of a weapon was stupid, but the fact he had an "unlicensed" pistol just shows the stupidity of NY law, even for cops.

As for the other 4 guns on his permit. He most likely knew they were gonna get confiscated by the state (stolen more like it). He either got em out of state or is hiding them somewhere. Not sure how that all works. If I knew my permit was going to be suspended, the guns would all be going out of state.

 

[Saltwater60]

Remember he’s innocent until proven guilty but we will take your permit and your guns, sounds innocent to me.

 

[ManualF150]

I believe you are correct.
I believe they made up some garbage so it can be dismissed.
Should be criminal possession of a firearm.

That is correct. For us peons, it would be criminal possession mainly because it was near a school and the negligent discharge of said weapon.

People should go to the police barracks and complain.

 

[Zerex]

There are working LE officers in NYS who do not hold a PP..............true.

 

[Darth]

There are working LE officers in NYS who do not hold a PP..............true.

Did they even ask him to whip out his PP?

I whipped out my PP one time and now I can't even go within 1000 ft of a school.

 

[repete]

Did they even ask him to whip out his PP?

I whipped out my PP one time and now I can't even go within 1000 ft of a school.

Sad, that one was really sad.

 

[Robin]

 

[Rocpo]

New York State police officers are exempt from the requirement to have a pistol permit in the state:


Law Enforcement Officers Safety Act (HR-218)

My BLI was a state trooper had several handguns no permit so not registered no permit to put them on I remember him saying he was going to get one before he retired witch he did he said that as long as he was a trooper he did not have to register them but after retirement that he would have to this was probably 20 + years ago so maybe things have changed

You've conflated two things here.
1) LEO carry "on the shield", as we file C-forms for acquisition/disposition of handguns. A permit is not necessary, as it's permitted as a privilege of office.
2) I've had several discussions about this. Some LE (including the administrators) think that that supercedes the requirement for possession of a pistol permit in this state. Personally, I don't believe this is true. Federal Law covers interstate issues, but they don't cover intrastate. As such, I'm firmly in the camp of "retired means permit".

I hold a permit in the county I reside in. Some counties refuse to issue a permit if the PO resides/works in that county.

 

[Zerex]

THERE IS NO LEGAL CONSTITUTIONAL REQUIREMENT FOR A PISTOL PERMIT...........
Soon NYS will have to dispose of all but the CCP, allowng millions of women to just buy one.

Ohio for example..............no permit required even to carry concealed, but a permit is available if an Ohio Resident wished one to carry in another state with reciprocity.

LE's should burn their permits in protest to the iron Curtain whore.

 

[GOPerfect]

Hi, Hopps Esq. here. If I may have a moment of your time judge, "failure to report/register the acquisition of a firearm" isn't in the NY Penal Law anywhere, so on that information (legal term), what was the crime again?

Thx.

§ 265.01-b Criminal possession of a firearm.

A person is guilty of criminal possession of a firearm when he or she:
(1) possesses any firearm or; (2) lawfully possesses a firearm prior to
the effective date of the chapter of the laws of two thousand thirteen
which added this section subject to the registration requirements of
subdivision sixteen-a of section 400.00 of this chapter and knowingly
fails to register such firearm pursuant to such subdivision.

Criminal possession of a firearm is a class E felony.

This is the closest.

 

[Darth]

§ 265.01-b Criminal possession of a firearm.

A person is guilty of criminal possession of a firearm when he or she:
(1) possesses any firearm or; (2) lawfully possesses a firearm prior to
the effective date of the chapter of the laws of two thousand thirteen
which added this section subject to the registration requirements of
subdivision sixteen-a of section 400.00 of this chapter and knowingly
fails to register such firearm pursuant to such subdivision.

Criminal possession of a firearm is a class E felony.

This is the closest.

Meets neither definition.

 

[GOPerfect]

Meets neither definition.

This is what he will be charged with though, I believe.

 

[Darth]

This is what he will be charged with though, I believe.

May as well charge him with sodomy.

 

[Pale Rider]

You've conflated two things here.
1) LEO carry "on the shield", as we file C-forms for acquisition/disposition of handguns. A permit is not necessary, as it's permitted as a privilege of office.
2) I've had several discussions about this. Some LE (including the administrators) think that that supercedes the requirement for possession of a pistol permit in this state. Personally, I don't believe this is true. Federal Law covers interstate issues, but they don't cover intrastate. As such, I'm firmly in the camp of "retired means permit".

I hold a permit in the county I reside in. Some counties refuse to issue a permit if the PO resides/works in that county.

Federal law also covers intrastate issues. Federal Law preempts state law.

LEOSA says: a) Notwithstanding any other provision of the law of any State or any political subdivision thereof, an individual who is a qualified law enforcement officer and who is carrying the identification required by subsection (d) may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, subject to subsection (b).

Notice that it does not say provided that the retired officer has a permit from the state. It says notwithstanding any other provision of the law of any state.

 

[Vapor]

Well in my state none of my handguns are on my permit.