re: Decorated combat veteran arrested in NY - charged with 5 felonies

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The new law hadn't gone into affect when he was arrested.

If the mags he possessed were in fact pre ban mags then he was not breaking the law at all.

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So why was he arrested? The cop was mistaken? If so, then the cop ought to be disciplined accordingly.

So day 1 that the law is in effect what are citizens to do with their weapons and mags? how do they dispose (as if many will)of the illegal goods?

sell them... illegal
drive them out of town to a family/friend... illegal
drive them to the post office and mail them...illegal
carry them to the trash dump...illegal
transport them to a police station....illegal
Call the cops and tell them to come pick them up at your house where they are in your posession...illegal


So secretly disposing of them in the trash where common criminals can gain access to them seems like the only way to avoid felony charges.



also what is stoping me from making a citizens arrest for felony charges on police officers with guns having more than 7 round mags?

So do our military members ever fly with empty magazines in their luggage? I know that sometimes they fly commercial? Is there ever an instance where a returning active military memeber would travle in or through NY with magazines as part of their duty?

LINK

Looked this up on TAH, and from what he found, 30 rd magazines have been banned in NY since 94, which banned anything over 10 rounds.


The new law, bans anything over 7.

Already been discussed.

Supposedly the mags he had were pre-ban and still legal to possess without the new law being in effect.

However, I don't know of anyway to tell if a mag is pre ban so the cop probably didn't believe him.

The fact that he was "randomly" pulled over is the most astonishing thing of all of this to me.

No probable cause at all, and you just pull me over and bust me for illegal mags?

mind = blown

Don't get me wrong. Its a prick move and I understand what you are saying, but you are using shades of gray. Sounds very questionable as to whether or not it was illegal, but the cop thought he was in violation of the law and arrested him. Simple as that.

Again if it was illegal, he had time to get rid of them. The law wasn't passed and signed into law yesterday. Hell, we have been posting about it for a month on the OB. If he were in violation, he had more than ample time to get rid of them legally.

Its just like when I got a speeding ticket in a brand new speed zone. The prick cop got me for speeding about 3 days after the new zone was posted. I pleaded to the cop and to the judge about not knowing about it because driving that section of road for 10+ years. They both told me that I was in violation. OK, I was. Still a prick move though.

If he were in violation of the law, the cop was only doing his job and the guy was in violation of the law. He should have been arrested in accordance with the law. If he wants to be a test case - go for it. Thats how many things have changed in this country. Otherwise don't plead ignorance. It won't hold water.

Look there are plenty of laws I disagree with, but if I choose to violate one of them I am also choosing to pay my penalty in accordance with the law. That's why I choose to only violate speeding laws.

All I am saying is that we are a country of laws and rules. That is one of the things that seperates us from other countries. According to the cop, he broke the law. Simple as that. The Supreme Ct. will ultimately determine if the 2nd Amendment protects high capacity magazines.

His arrest was on January 6. I wanna say the new law was passed after that. It's a non issue in this case.

The question is were the mags pre ban or not and can it be proven? It's on the burden of the state to prove they're not pre-ban. NY 10 round magazine limit before the new law grandfathered in mags made before the ban. The soldier was under the impression that his mags were pre-ban and therefore legal.

As far as the cop doing his job, there has to be some kind of discretion. Clearly, an army vet possessing empty magazines without any kind of weapon or ammo is not a threat to anyone and certainly not worth a felony arrest or ruining a man's life who has done nothing wrong.

Has a cop ever let you go from a speeding ticket? Same principle. No need to strictly enforce the law if enforcing it does not promote the intent of the law. Unless of course the intent of the NY law is to oppress its citizens, then yes, the arrest is just.

I thought I saw where he said they were pre '94 ban but were actually made after '94 (don't know how that was determined). If true this would make them illegal in NY. Still a bunch of BS...

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I think there is a lot of confusion in this thread so let me see if I got it right.

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I was. Thanks.

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My main problem is with the "random vehicle check". Really need more explanation of that. That seems like where the main argument will be made.

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I agree. That is complete bullshite. Random checks of anything is complete bullshite.