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re: UPDATE: CHARGES DROPPED - Flintlock from 1700s could land NJ man in prison

Posted on 2/18/15 at 2:29 pm to
Posted by LSUsmartass
Scompton
Member since Sep 2004
82364 posts
Posted on 2/18/15 at 2:29 pm to
Exactly, it starts with the arresting officer
Posted by TheCaterpillar
Member since Jan 2004
76774 posts
Posted on 2/18/15 at 2:29 pm to
quote:

.but in this case it seems like if this guy were that big of a gun collector he would follow whatever procedure/protocol there is for transporting antique firearms.


Maybe he didn't. He only has a few of them.

quote:

but sometimes the law doesn't factor in common sense.


Thats the issue.
This post was edited on 2/18/15 at 2:31 pm
Posted by KosmoCramer
Member since Dec 2007
76516 posts
Posted on 2/18/15 at 2:31 pm to
What exactly was the charge?

Carrying a concealed weapon? I looked in several articles and they never detailed the charges.
Posted by TheCaterpillar
Member since Jan 2004
76774 posts
Posted on 2/18/15 at 2:32 pm to
quote:

Common sense says to make sure the firearm you are acquiring is legal.



Seriously, the thing probably doesn't even work.

I doubt he thought he was breaking some law that could land him in jail for a decade by buying a 300 year old flint lock weapon that hasn't been operational in his lifetime.

Posted by Darth_Vader
A galaxy far, far away
Member since Dec 2011
64451 posts
Posted on 2/18/15 at 2:36 pm to
quote:

“I called the prosecutor to see what we could do on this, and the prosecutor told me that they were waiting for ballistics," Nappen said incredulously. "And I’m thinking, ‘What? Ballistics on a flintlock?'"


What sort of "ballistics" are they going to get from a damn 250+ year old smooth bore flintlock? They think there's a chance this old man killed someone with this pistol?
Posted by Big Scrub TX
Member since Dec 2013
33403 posts
Posted on 2/18/15 at 2:38 pm to
quote:

Exactly, it starts with the arresting officer


I think the AO wanted to let it go but the sheriff insisted.

There could be more to this story...it was from November, and is only now making the rounds.

Where are all the usual suspects who like to say "don't do the crime if you can't do the time"? Guy was breaking both traffic laws and firearm laws. Don't break the law and there'll be no problem...amirite?
Posted by SabiDojo
Open to any suggestions.
Member since Nov 2010
83927 posts
Posted on 2/18/15 at 2:40 pm to
I can't wait until investigators interrogate a 72 year old man on his whereabouts on a 300 year old murder.

"Oh! The ole 'I wasn't born yet' defense! How fricking convenient! Listen, you geriatric piece of scum! I'm onto your game! And I swear I will fricking nail you for this murder!"
Posted by ForeverLSU02
Albany
Member since Jun 2007
52147 posts
Posted on 2/18/15 at 2:42 pm to
quote:

What exactly was the charge?
Unlawful possession of a handgun
Posted by LL012697
Member since May 2013
3963 posts
Posted on 2/18/15 at 2:43 pm to
Why did he even disclose that he had it if it was locked in his glovebox? Big mistake
Posted by Big Scrub TX
Member since Dec 2013
33403 posts
Posted on 2/18/15 at 2:46 pm to
quote:

Why did he even disclose that he had it if it was locked in his glovebox? Big mistake


Perhaps they decided there was probable cause to search since he was flaunting the traffic laws as well?
Posted by Phil A Sheo
equinsu ocha
Member since Aug 2011
12166 posts
Posted on 2/18/15 at 2:51 pm to
quote:

He knew it was illegal. Laws are laws.


You should hurl yourself into a fire...full of broken glass...
This post was edited on 2/18/15 at 2:55 pm
Posted by Ash Williams
South of i-10
Member since May 2009
18145 posts
Posted on 2/18/15 at 2:53 pm to
quote:

it seems like if this guy were that big of a gun collector he would follow whatever procedure/protocol there is for transporting antique firearms



the article doesnt say he was a big gun collector

it says he was a collector of historical items

quote:

a retired English teacher and collector of historical items



it did say:

quote:

He had recently bought the gun and was planning to add it to his collection of antiques, which includes other old firearms



but it never says he's "a big gun collector"

his "other old firearms" might consist of 2 or 3

his GoFundMe site says that he colelcts 18th century historical items

so its possible he's not familiar with the rules about transporting antique firearms
Posted by Darth_Vader
A galaxy far, far away
Member since Dec 2011
64451 posts
Posted on 2/18/15 at 2:53 pm to
quote:

He knew it was illegal. Laws are laws.


If the cops searched your car or home what would they find?
Posted by elprez00
Hammond, LA
Member since Sep 2011
29375 posts
Posted on 2/18/15 at 2:54 pm to
quote:

Unlawful possession of a handgun


Is a flintlock pistol even considered a handgun?

I mean, did he also have lead balls, wadding, powder packs, and primer/flints handy as well?

Posted by Darth_Vader
A galaxy far, far away
Member since Dec 2011
64451 posts
Posted on 2/18/15 at 2:56 pm to
quote:

I mean, did he also have lead balls, wadding, powder packs, and primer/flints handy as well?



Maybe if this is him....

Posted by wickowick
Head of Island
Member since Dec 2006
45802 posts
Posted on 2/18/15 at 3:01 pm to
quote:

Is a flintlock pistol even considered a handgun?


Federal law does not define this as a gun...
Posted by elprez00
Hammond, LA
Member since Sep 2011
29375 posts
Posted on 2/18/15 at 3:23 pm to
quote:

Federal law does not define this as a gun...


Thats what I'm talking about. Common sense has to play a part here.

This isn't a .45 without a magazine. Its a damn musket. To me, this is akin to arresting a guy for carrying a suit of medieval armor in his trunk for having illegal body armor.

Perhaps the arresting officer saw the strange grip and mistook it for an assault flintlock?
Posted by sugar71
NOLA
Member since Jun 2012
9967 posts
Posted on 2/18/15 at 3:37 pm to
quote:

And now a prized collectors item is in evidence lock up getting thrown around like a rag doll.


Must have been no big deal to the old man since he is casually driving it around in a glove compartment wrapped in a rag.
Posted by 19
Flux Capacitor, Fluxing
Member since Nov 2007
33180 posts
Posted on 2/18/15 at 3:41 pm to
I was thinking under fed law this is an antique And not subject to state handgun regs.

What's gonna suck is when they destroy the flintlock testing it, and the old man is out whatever $ he paid for it.
Posted by GreatLakesTiger24
COINTELPRO Fan
Member since May 2012
55562 posts
Posted on 2/18/15 at 3:48 pm to
A schedule 1 narcotic and paraphernalia, but that's irrelevant.
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