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May 13, 2013, 06:35 PM | #1 |
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The "Safe Act" strikes: NY man charged for having 9 Bullets in Gun
http://www.nysenate.gov/press-releas...ving-9-bullets
A man from Dutchess, NY was pulled over in a routine traffic stop. He was found with his legally registered weapon, the only problem being it had 9 rounds in it instead of the arbitrary 7. Last edited by amathis; May 13, 2013 at 11:11 PM. Reason: factual error |
May 13, 2013, 06:40 PM | #2 |
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There is no "Duty to Inform" in NY law.
This happened just north of NY City, one of the few areas of NY where the magazine limit would be enforced.
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May 13, 2013, 06:48 PM | #3 |
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Forgive me for not knowing the law. Editing.
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May 13, 2013, 07:10 PM | #4 | |
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In any case, it looks like there are other factors in the arrest, and the magazine charge was just tacked on.
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May 13, 2013, 08:10 PM | #5 |
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https://www.nyspnews.com/article_dis...ticle_id=30582
Yep, lamp out, driving on a suspended license, didn't keep gun fully concealed such that it was spotted, and too much ammo in gun. He certainly could have been arrested anyway on aggravated Unlicensed Operation of a Motor Vehicle 3rd Degree anyway, LOL. So blaming his arrest just on the Safe Act is pretty silly. The combination of factors certainly sealed it for him. Also see...http://www.newyorkcriminallawyer-blo...d-operati.html
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May 13, 2013, 08:23 PM | #6 |
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Perhaps I should have clarified. "NY man charged for having 9 bullets in gun."
The guy had the arrest coming, but note, they will treat him as a poster child for this legislation. |
May 13, 2013, 08:48 PM | #7 |
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I'd tend to think that this was an instance wherein the officers decided to "throw the book at him". It doesn't sound like he's a poster child for RKBA arms.
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May 13, 2013, 08:59 PM | #8 | |
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That said, prior to Emerson, we had a long history of poorly-mounted 2A defenses on the part of very unsympathetic plaintiffs. I'd really not like to see us go back to that.
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May 13, 2013, 09:22 PM | #9 |
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amathis, in your defense, lots of news outlets, blogs, and forums have posted exactly what you posted (or at least pretty close), giving the indication that this guy did nothing else wrong and was somehow targeted or unjustly treated by the cops by enforcing the law.
Your source, Greg Ball's site, conveniently left out relevant information by deceptively classifying the AUO 3rd simply as "other vehicle infractions." The lamp being out is a vehicle infraction. Driving without a license is NOT a vehicle infraction. It is a driver infraction and an arrestable offense. In short, you were duped by someone with an agenda. I don't like the law either, but the misrepresentation by somebody who should know better, a lawmaker, for crying out loud, isn't something that can be excused under the guise that he could not have known. He knows the difference between vehicle infractions and driver infractions but decided not to include that information. There is a reason why politically motivated blogs should not be considered primary sources.
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May 13, 2013, 10:37 PM | #10 |
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And just who exactly is liable when someone with only 7 rounds is attacked by multiple assailants or a hopped up druggie and runs out of bullets and subsequently dies as a result?
This is the problem with these stupid laws. I cannot understand why the idiots voted into office think by keeping law abiding people from protecting themselves, that somehow we will all be protected. BTW - this guy that was arrested was apparently NOT a law abiding citizen. If had be abiding by the laws he probably wouldn't have been stopped in the first place. |
May 13, 2013, 11:10 PM | #11 | ||
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May 13, 2013, 11:44 PM | #12 | |
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May 14, 2013, 05:08 AM | #13 | |
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May 14, 2013, 06:27 AM | #14 |
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Aguila, he is invoking Godwin's Law. It is a feeble reductionist argument to compare situations to Nazism, Hitler, or their travesties in order to make their argument sound more significant. Basically, he is saying we are like the Jews of the period and New York government is like that of Hitler's regime.
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May 14, 2013, 06:43 AM | #15 |
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so much for the thought the law will not be enforced, as spoken by so many LEO's
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May 14, 2013, 07:39 AM | #16 | |
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May 14, 2013, 08:51 AM | #17 | |
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Last edited by Ruthless4christ; May 14, 2013 at 08:56 AM. |
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May 14, 2013, 08:56 AM | #18 |
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Lets keep it on topic, guys. Nazis aren't it.
Last edited by Brian Pfleuger; May 14, 2013 at 09:16 AM. |
May 14, 2013, 09:04 AM | #19 |
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at least that will teach him to not drive around with an "an inadequate license plate light"
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May 14, 2013, 09:15 AM | #20 |
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Lets not overlook criminal behavior in the zeal of our hatred of the SAFE Act.
Inadequate license plate lights. It IS a law and the police DO routinely make traffic stops on its basis. It's a legitimate stop, which brings to light a host of additional CRIMES. This isn't even about the SAFE Act. The SAFE Act charge is nothing more than a place holder. People like this are routinely charged with everything the officers can find because they know most of the charges will be dropped or pled down. |
May 14, 2013, 10:08 AM | #21 | |||
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Quote:
Quote:
IOW the mere fact that a magazine contains more than 7rds makes it a LCAFD. It's goofy. Quote:
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May 14, 2013, 12:19 PM | #22 | |
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He was charge with Aggravated Unlicensed Operation of a Motor Vehicle 3rd Degree. That specific section indicates that he was driving "while knowing or having reason to know that such person's license or privilege of operating such motor vehicle in this state or privilege of obtaining a license to operate such motor vehicle issued by the commissioner is suspended, revoked or otherwise withdrawn by the commissioner." Licenses don't get suspended willy-nilly, without cause and without notification. He has obviously had trouble in the past and was intentionally driving illegally. I'd bet that this is a "throw the book at him" case. Either his actions or previous record caused the cops to nail him with everything they could find. SAFE Act is coincidental, not causal.
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May 14, 2013, 12:37 PM | #23 |
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R4C is correct that the law shouldn't be selectively enforced. In this case, it might have been difficult to ignore additional violations once they found he was driving without a license.
This is why it makes me uneasy when LEO's try to make political points by saying they won't enforce a law they don't like. It makes it tempting for people to say, "Oh well, they won't enforce it against us, so why should we fight it?" We then have to justify selective enforcement by saying that someone like Mr. Dean didn't "deserve" to be let off the hook, as some in this thread have done. Both we and the other side are always looking for "poster children" to exemplify our arguments. Mr. Dean isn't much of a poster child for us -- but he isn't much of one for anti-gun folks, either. They're going to say what? "Here's why we need these strict gun laws, to keep us safe from dangerous maniacs who drive with suspended licenses!" I don't think so. He's just some guy. And he did have a permit for the gun, so his record can't have been all that bad...
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May 14, 2013, 05:41 PM | #24 |
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...unit now with a weapons violation.
I wonder if New York will keep his permit active with this incident or not.
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May 14, 2013, 08:26 PM | #25 |
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One other factor seems to be at work here. He was stopped by a "Trooper". The New York State Police work for our hero governor Andy and have probably been told to toe the line on the SAFE Act. The fact that many other law enforcement agencies have chosen to be "selective" in enforcement isn't a factor here.
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