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Message
re: Decorated combat veteran arrested in NY - charged with 5 felonies
Posted on 2/1/13 at 12:05 pm to Bleeding purple
Posted on 2/1/13 at 12:05 pm to Bleeding purple
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.
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.
2
Posted on 2/1/13 at 12:22 pm to Vol Fan in the Bayou
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.
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.
Posted on 2/1/13 at 12:31 pm to Vol Fan in the Bayou
quote:
I understand what you are saying, but you are using shades of gray
how am I using shades of gray?
When the new law is fully enacted how will currently law abiding citizens dispose of their illegal weapons and magazines? The question stands and it is not gray in any way.
Also the new law does not specifically exclude law enforcement officers or active duty military as it is written so how will theat be enforced and what is preventing a citizen from reporting or acting on witnessing a felony (posession of illegal weapon or mag)?
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