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re: Decorated combat veteran arrested in NY - charged with 5 felonies
Posted on 2/1/13 at 12:22 pm to Vol Fan in the Bayou
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.
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