Man Charged with Violating the New York Safe Act-3 Magazines over 10 rounds

[palmettomoon]

What happened to all those NY cops that said they would refuse to enforce the Safe Act? They must have all quit in protest.......

They'd never jeopardize their pensions for a douchebag veteran running afoul some gun law.

 

[galvatron]

If they banned something like handguns in all of Georgia tomorrow, would you just get in line and turn ALL of yours in?

Absolutely not. Would I carry the now "illegal" mags anywhere....nope. So unless they go door to door performing searches no one will ever know.

Whether you agree with a law or not it doesn't matter in court. The decision to break a law is upon the person and they have to live with the consequences. Every person has to decide which hill they are willing to die on and that hill varies depending on how the consequences effects each individual. Personal choice.

^this...

Aside from the possible challenge that NY's anti-gun "SAFE" act violates the 2nd Amendment,
I think making it a FELONY to have standard-capacity magazines, common and ordinary ones that are normally used with your perfectly-legal firearms, should be unconstitutional under the 8th Amendment's prohibition on cruel and unusual punishments. That phrase doesn't just refer to torture, but it can apply to a penalty, even a prison term with eligibility for parole, that is grossly disproportionate to the crime committed. For a "malum prohibitum" crime like this, where the man would be perfectly legal if those mags were 10-rounders, but they held a few more rounds than that, I'd say any penalty that causes the loss of one's civil rights and triggers a potential incarceration period of more than 6 months would be "cruel and unusual."

Didnt they lose the 2nd ammendment violation case??? Im thinking they did, and not sure about any appeals. Ive been out of the NY loop for a while and haven't kept up with any of it

 

[walkerinatl]

Not always true. Most upstaters in NY are good conservative country folk. I would never vote for a liberal. Liberals have ruined NY and everyone knows it.

I know you are right. Most of Illinois would vote to create their own state, separate for Chicago, if they could.

 

[palmettomoon]

Cook, Sangamon and Lake counties should be fenced off East Berlin style. Keep out the liberty loving rubes.

 

[spencer60]

Honestly this sounds like the perfect person to be the plaintiff of a SAF case against NY and it's SAFE Act...

 

[ncrinc12]

Why does he or anybody live in that Butt Hole state in the first place.

This, have no use for that state and their bull***t laws.

 

[baxterday]

I would bet they exempted law enforcement, both current and retired from the 10 round mag law. This is how they get mindless drones to enforce such draconian law. Give the enforcers freedom, so they can take it away from the little people.

 

[spencer60]

I would bet they exempted law enforcement, both current and retired from the 10 round mag law. This is how they get mindless drones to enforce such draconian law. Give the enforcers freedom, so they can take it away from the little people.

Initially they didn't, so they had to go back and amend a few weeks after the fact.

A quality piece of legislation.

 

[Lancekl]

Same here! Left in 1979 with a Mossberg 500 ATPS and a Ruger Mini-14. Had to get a firearms permit for those and bought them out on Long Island.

Probably could not do the same today. FORGET ABOUT a pistol.

I had a permit to carry concealed when I left NY in 1980. Took quite a while to get it.
Was not living in NYC, was living in Rochester NY

 

[Bagman]

So the reason for the stop and arrest he was acquitted on? Wouldn't anything found after that be fruit of the poison tree? Sounds like he could have used a more experience lawyer.

My thoughts exactly. If the reason for the stop was that he was DWI and that proved not to be true, the finding of the magazines should be thrown out because there was no reason for the stop in the first place. He should find better counsel/appeal.