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NYC trouble - threads merged on 12.4

What would you recommend

  • Fight it all the way. Fight everything, including the illegal search

    Votes: 14 25.0%
  • Make a deal. Know when to fold and know when to walk away

    Votes: 35 62.5%
  • Fire the attorneys and "HANDLE" it like a man. DIY.

    Votes: 1 1.8%
  • Make sure you wear white "T"s and boxer shorts

    Votes: 0 0.0%
  • TACOS

    Votes: 6 10.7%

  • Total voters
    56
This is typical for NY/NJ... they will try and get him to plead out so they get a quick 'win' without having to go to court. They know the person can't afford to fight them.

That being said, be careful of what misdemeanors they are offering to drop down to. Even though they aren't felonies, a misdemeanor with more than a 1 year sentence (even if never served) is often treated as such, including making you a prohibited person for NICS if I remember correctly.
 
This is typical for NY/NJ... they will try and get him to plead out so they get a quick 'win' without having to go to court. They know the person can't afford to fight them.

That being said, be careful of what misdemeanors they are offering to drop down to. Even though they aren't felonies, a misdemeanor with more than a 1 year sentence (even if never served) is often treated as such, including making you a prohibited person for NICS if I remember correctly.

https://www.atf.gov/firearms/identify-prohibited-persons
 
So I got this friend...got in trouble over the memorial day weekend when he went to visit his friends in NYC before he took up his first internship job at company XXX. Read it here ===> https://www.theoutdoorstrader.com/threads/nyc-trouble.1430851/

Kid is 28, book smart as hell, has a master degree and just getting ready to start life. BAM! hits a wall in NYC.

Here is the long awaited update:

Facts of the case:
He traveled to NYC to see some friends. Gets pulled over and was asked to search his car. Like a dipshxx, He said sure, I have nothing to hide.

They find a gun (38 spcl for self defese), locked in a suitcase. They find a box of bullets (locked separately in another case). As it turns out, the 38 spcl rounds were self defense ammo (aka hollow points). Drum roll please....

He is charged with:
1) Felony - Criminal Possession of a firearm to the first degree
2) Misdemeanor - Criminal Possession of weapon - Armor Piercing Ammo
3) Infraction - Failed to use headlights with windshield wiper.

He sat in jail for nearly a week before the friends he was to see came up with bail. He was given a public defender, who he has never met nor ever answered his phone calls nor emails. The arresting officer told him...dont worry kid, the attorneys will sort this out and they'll make this bull$hit go away like it never happened. So he came home thinking...No big deal. It's ALL GOOD MAN, was his exact words to me.

I told him to take this seriously. And with some convincing from my ODT post and ODT response, he started to panic.

I had him reach out to the NRA. He did. They showed empathy. Not the the first they've seen but were more than willing to refer him to a couple of NRA affiliated attorneys in NYC.

The attorneys didn't work pro-bono. They both wanted $5,000 retainer to start. Kid is broke. Didnt have the money. Knowing his past, his father passed away early in his life and he was raised by his mother and some uncles, I broke down and loaned him the money. Can't sit by to watch a good life go to waste without a fight. So to quote Optimus Prime in the movie the dark side of the moon..."We will take the fight to them!"

We picked an attorney. Had a great review. Attorney said first order of business, show up on the first court date and get an extension. That went successfully well.

Next order of business, start talking to the DA. That didn't go so well. Apparently, they didnt care for some southerner show up in Manhattan without paying attention to their laws. DA wanted to play a bit of a hard ball when the attorney mentioned challenging the illegal search. OUCH...something didnt go down right.

The Defense attorney said there is a 50/50 chance that the illegal search gets tossed out. If that happens, gun charges are out leaving the infraction. If it doesn't get tossed out, the DA is pissed they had to fight the search...then they will proceed with grand jury and indictment of the FELONY. So that's the risk of challenging the illegal search.

The DA softened up a bit and started down the road that perhaps a negotiated plea agreement can be made to drop the Felony to a Misdemeanor but some hurdle stands in the way. He has to prove his good citizenship in the next few months, prove he is fully employed and in good standing with his new internship, and maybe some community service, she might let him off with a couple of misdemeanors but the misdemeanors stay on his record.

All that being said, I'm putting up my guns for sale. I'm not looking for donations. I'm just gonna sell some guns to offset the attorney fees. I can buy more guns later in life but to help someone with their one bite of the apple to defend their freedom is priceless (pardon the pun) to me.

Let me know if anyone is interested in the following. All box and docs
1) Sig Sauer P226 Legion in 9mm
2) S&W 500 Magnum 4in barrell
You're obviously a very well intentioned guy with a huge heart. Only you can decide when you cross the line from helping into enabling dumbassery.
There is a LOT in this that makes no sense to the uneducated (like me).
1) Why did he have a gun if the ammo was separate? Was he trying to half comply or comply with some states laws between here and there? He apparently did some research. :noidea:
2) Forget for a second HP's aren't AP, the AP law in NYC requires INTENT. How in the world did they prove that?!?!

http://smartgunlaws.org/ammunition-regulation-in-new-york/

New York prohibits the possession of armor piercing ammunition with the intent to use it unlawfully against another.7 “Armor piercing ammunition” is any ammunition capable of being used in handguns that contains a projectile or projectile core constructed entirely from one or a combination of tungsten alloys, steel, iron, brass, bronze, beryllium copper or uranium.8

New York generally prohibits any person from knowingly possessing any bullet containing an explosive substance designed to explode or detonate upon impact.9
 
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