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New York State fights back

CaptainCrossmanCaptainCrossman Member Posts: 1,649 ✭✭✭✭✭
gotta give it to those old WW2 and Korean war vets, they turned out at a meeting, and put the heat to the government officials about the assault weapons ban in NY state. They have a resistance website set up already, and filed a lawsuit against the state.

http://www.youtube.com/watch?v=Ol1SzjHPFGw


they have a "resistance gear" website and already 3000 gun owners have pledged NOT to comply

WATCH THE VIDEO, they ask the sheriff if he will limit his officers to 7 rounds mags, he says "NO" and he also says it's against the 2nd Amendment and gets applause

Comments

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    CaptainCrossmanCaptainCrossman Member Posts: 1,649 ✭✭✭✭✭
    edited November -1
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    CaptainCrossmanCaptainCrossman Member Posts: 1,649 ✭✭✭✭✭
    edited November -1
    NY State veteran arrested, charged with 5 felonies for having AR-15 high capacity magazines in his car

    http://www.infowars.com/decorated-combat-veteran-arrested-in-new-york-charged-with-5-felonies-for-possession-of-ar-magazines/

    Decorated Combat Veteran Arrested: Charged With 5 Felonies For Possession of AR Magazines

    Feb 1, 2013

    In the latest attack on the American people, a decorated War Hero has been arrested and charged with five counts of third degree criminal possession of a weapon, for having empty 30 round AR-15 Magazines in his vehicle.

    On Sunday January 6th Staff Sgt. Nathan Haddad, a decorated combat veteran, was driving through Jefferson County New York when he was randomly pulled over for a vehicle check. Haddad, who had five 30 round empty magazines in his possession, was arrested by the Jefferson County Sheriff's Department and charged with five felony counts.

    According to Haddad's brother, Michael Haddad, Nathan thought these magazines were legally made before the New York Assault Weapons Ban. When Nathan Haddad was arrested the new ban had not even been fully enacted yet.

    This is not a criminal, this is not some thug looking to hurt people; this is a decorated combat veteran who was recently honored by the Philadelphia chapter of Blue Star Mothers and the Union League's Armed Services Council for helping disabled vets get back on their feet. What's happening to Army veteran Nate Haddad is an absolute attack on liberty. Here we have a man who honorably served his country, who was trusted with weaponry that far exceeded anything he was carrying, that now finds himself facing the possibility of spending years in prison.

    Still think these gun control laws are meant to stop criminals?

    Nathan Haddad's brother has set up a legal defense fund for his brother who cannot afford to fight these charges on his own. We ask that you share this story with everyone you know so that this attack on Hassad is seen for what it is, an attack on every law abiding citizen in America.
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    CS8161CS8161 Member Posts: 13,595 ✭✭✭
    edited November -1
    quote:Originally posted by CaptainCrossman
    NY State veteran arrested, charged with 5 felonies for having AR-15 high capacity magazines in his car

    http://www.infowars.com/decorated-combat-veteran-arrested-in-new-york-charged-with-5-felonies-for-possession-of-ar-magazines/

    Decorated Combat Veteran Arrested: Charged With 5 Felonies For Possession of AR Magazines

    Feb 1, 2013

    In the latest attack on the American people, a decorated War Hero has been arrested and charged with five counts of third degree criminal possession of a weapon, for having empty 30 round AR-15 Magazines in his vehicle.

    On Sunday January 6th Staff Sgt. Nathan Haddad, a decorated combat veteran, was driving through Jefferson County New York when he was randomly pulled over for a vehicle check. Haddad, who had five 30 round empty magazines in his possession, was arrested by the Jefferson County Sheriff's Department and charged with five felony counts.

    According to Haddad's brother, Michael Haddad, Nathan thought these magazines were legally made before the New York Assault Weapons Ban. When Nathan Haddad was arrested the new ban had not even been fully enacted yet.

    This is not a criminal, this is not some thug looking to hurt people; this is a decorated combat veteran who was recently honored by the Philadelphia chapter of Blue Star Mothers and the Union League's Armed Services Council for helping disabled vets get back on their feet. What's happening to Army veteran Nate Haddad is an absolute attack on liberty. Here we have a man who honorably served his country, who was trusted with weaponry that far exceeded anything he was carrying, that now finds himself facing the possibility of spending years in prison.

    Still think these gun control laws are meant to stop criminals?

    Nathan Haddad's brother has set up a legal defense fund for his brother who cannot afford to fight these charges on his own. We ask that you share this story with everyone you know so that this attack on Hassad is seen for what it is, an attack on every law abiding citizen in America.




    There is more to this story than what you posted. He was no angel.
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    Removed at users request.Removed at users request. Member Posts: 3,027
    edited November -1
    quote:Originally posted by CS8161
    quote:Originally posted by CaptainCrossman
    NY State veteran arrested, charged with 5 felonies for having AR-15 high capacity magazines in his car

    http://www.infowars.com/decorated-combat-veteran-arrested-in-new-york-charged-with-5-felonies-for-possession-of-ar-magazines/

    Decorated Combat Veteran Arrested: Charged With 5 Felonies For Possession of AR Magazines

    Feb 1, 2013

    In the latest attack on the American people, a decorated War Hero has been arrested and charged with five counts of third degree criminal possession of a weapon, for having empty 30 round AR-15 Magazines in his vehicle.

    On Sunday January 6th Staff Sgt. Nathan Haddad, a decorated combat veteran, was driving through Jefferson County New York when he was randomly pulled over for a vehicle check. Haddad, who had five 30 round empty magazines in his possession, was arrested by the Jefferson County Sheriff's Department and charged with five felony counts.

    According to Haddad's brother, Michael Haddad, Nathan thought these magazines were legally made before the New York Assault Weapons Ban. When Nathan Haddad was arrested the new ban had not even been fully enacted yet.

    This is not a criminal, this is not some thug looking to hurt people; this is a decorated combat veteran who was recently honored by the Philadelphia chapter of Blue Star Mothers and the Union League's Armed Services Council for helping disabled vets get back on their feet. What's happening to Army veteran Nate Haddad is an absolute attack on liberty. Here we have a man who honorably served his country, who was trusted with weaponry that far exceeded anything he was carrying, that now finds himself facing the possibility of spending years in prison.

    Still think these gun control laws are meant to stop criminals?

    Nathan Haddad's brother has set up a legal defense fund for his brother who cannot afford to fight these charges on his own. We ask that you share this story with everyone you know so that this attack on Hassad is seen for what it is, an attack on every law abiding citizen in America.




    There is more to this story than what you posted. He was no angel.


    Well then, he should be denied his Constitutional rights.
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    Rack OpsRack Ops Member Posts: 18,597 ✭✭✭
    edited November -1
    quote:Originally posted by CS8161

    There is more to this story than what you posted. He was no angel.


    care to fill in the details?
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    themountainmanthemountainman Member Posts: 1,207 ✭✭✭
    edited November -1
    Hey CS.., DO you have to be an angel to exercise a God given right. The New Change and Hope [V]Amewdica
    There are 3 kinds of people in the world. Those who can do math and those who can't. :?
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    Jim RauJim Rau Member Posts: 3,550
    edited November -1
    quote:Originally posted by themountainman
    Hey CS.., DO you have to be an angel to exercise a God given right. The New Change and Hope [V]Amewdica

    He was arrested for DUI, but that is irrelevant because the 'magazine' violation is a violation of his individual civil rights.[:(!]
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    ChrisInTempeChrisInTempe Member Posts: 15,562
    edited November -1
    More to this story here:
    http://www.watertoDNWailytimes.com/article/20130212/NEWS07/702129901/1038

    So, some points:

    1. Prosecution claims the mags have been illegal in that jurisdiction since 1994. The new NY law is not at question here.

    2. Cop stopped because the driver was pulled over with hazard lights flashing. Only the driver's odd behavior made the officer suspicious.

    3. Driver volunteered that he was stopped there waiting for a person he connected with on Craigs List to come and buy his magazines.

    Yes, bad law. Should not be such a law. I think such a law is unconstitutional. Americans have the right to own guns equal to current military firearms. That is the point of the 2nd Amendment.

    Moral of this story is to know your local laws, assume nothing and either obey them or expect to fight it out in court.

    If you are breaking the law, waiting on the road side with your flashers on is something you may want to rethink.
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    CaptainCrossmanCaptainCrossman Member Posts: 1,649 ✭✭✭✭✭
    edited November -1
    [/quote]

    There is more to this story than what you posted. He was no angel.
    [/quote]

    ok so let's get this straight so there's no misunderstanding, you think he is a true felon, and he should be locked up in MAXIMUM SECURITY prison, throw away the key, like a murderer or car thief, or would you prefer the death sentence ? Are you saying he's a true dangerous felon for having those rifle magazines in his car ?

    would you consider this a good tally/quota felon arrest, and something to be proud of on your own record ?

    there sure is more to the story, you conveniently left out the contents of the meeting for 33 minutes with law enforcement, sheriff, state officials, and an entire room full of piszed off WWII and Korean war vets, who said they won't comply, along with 3000 others who have pledged not to comply.

    they aren't angels either, they drank more boose, fought more real battles, and chased more broads than all of us put together.

    they aren't angels either, so what. None of us are. Neither are you. We're talking about the magazine felony charges.

    the sheriff is also no angel, for saying he won't even make his own deputies carry only 7 rounds (law enforcement in NY state will not be exempt from the limitation) and his deputies won't enforce it either. He said that right out in the open in front of the state and local officials, stating it's sagainst the 2nd Amendment.

    should they arrest the sheriff on the spot right there ? After all, he's "no angel" and he's talking about breaking the law right out in public.

    Rifle mags are now a felony in NY state. What self-respecting police officer in their right mind, would even pursue that ?

    It's like writing a ticket for doing 36 mph in a 35 mph zone.

    what's next, busting him for tiddly winks ?
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    fishkiller41fishkiller41 Member Posts: 50,608
    edited November -1
    And they used the BEAT PART of the Stones song too..
    "West NY" just may one day come to be...
    They's A LOT of "backwoods" folks up there and they ain't "Hollywood" hillfolk neither!!!
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    CaptainCrossmanCaptainCrossman Member Posts: 1,649 ✭✭✭✭✭
    edited November -1
    quote:Originally posted by themountainman
    Hey CS.., DO you have to be an angel to exercise a God given right. The New Change and Hope [V]Amewdica


    good point...and Larry the owner of Midway USA, just excercised his God-given right, not to sell any banned mags or rifles or ammo, from his huge warehouse, to any LEO's in said banned areas- until citizens can also own them as well.

    no doubt Larry will also be considered "no angel" and must be hit with a few felony charges as well...
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    CS8161CS8161 Member Posts: 13,595 ✭✭✭
    edited November -1
    I never once said he was a felon or should be denied his constitutional rights, did I? He was in posession of illegal mags and should have known better than to have them in plain view in the front of his vehicle. From what I read, he also led the cops on a brief chase before pulling over. Not very smart. Do I agree with the idiotic laws in NY??? Not at all, but I would be extremely careful driving thru that state, not to attract the attention of the cops if I had prohibited items in my car! Some of you that attacked me for my response need to take a reading comprehension course. [;)]
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    competentonecompetentone Member Posts: 4,698 ✭✭✭
    edited November -1
    quote:Originally posted by CS8161
    I never once said he was a felon or should be denied his constitutional rights, did I? He was in posession of illegal mags and should have known better than to have them in plain view in the front of his vehicle. From what I read, he also led the cops on a brief chase before pulling over. Not very smart. Do I agree with the idiotic laws in NY??? Not at all, but I would be extremely careful driving thru that state, not to attract the attention of the cops if I had prohibited items in my car! Some of you that attacked me for my response need to take a reading comprehension course. [;)]


    I'd also point out that it doesn't help much in fighting to protect our 2nd Amendment rights when people relate stories and leave out critical details -- as the OP does when relating the story.

    It makes us look like we're engaging in deception when trying to support 2nd Amendment rights.

    We don't need to engage in deception to defend our rights.
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    CS8161CS8161 Member Posts: 13,595 ✭✭✭
    edited November -1
    quote:Originally posted by CaptainCrossman


    There is more to this story than what you posted. He was no angel.
    [/quote]

    ok so let's get this straight so there's no misunderstanding, you think he is a true felon, and he should be locked up in MAXIMUM SECURITY prison, throw away the key, like a murderer or car thief, or would you prefer the death sentence ? Are you saying he's a true dangerous felon for having those rifle magazines in his car ?

    would you consider this a good tally/quota felon arrest, and something to be proud of on your own record ?

    there sure is more to the story, you conveniently left out the contents of the meeting for 33 minutes with law enforcement, sheriff, state officials, and an entire room full of piszed off WWII and Korean war vets, who said they won't comply, along with 3000 others who have pledged not to comply.

    they aren't angels either, they drank more boose, fought more real battles, and chased more broads than all of us put together.

    they aren't angels either, so what. None of us are. Neither are you. We're talking about the magazine felony charges.

    the sheriff is also no angel, for saying he won't even make his own deputies carry only 7 rounds (law enforcement in NY state will not be exempt from the limitation) and his deputies won't enforce it either. He said that right out in the open in front of the state and local officials, stating it's sagainst the 2nd Amendment.

    should they arrest the sheriff on the spot right there ? After all, he's "no angel" and he's talking about breaking the law right out in public.

    Rifle mags are now a felony in NY state. What self-respecting police officer in their right mind, would even pursue that ?

    It's like writing a ticket for doing 36 mph in a 35 mph zone.

    what's next, busting him for tiddly winks ?

    [/quote]


    If you don't agree with the law, work to change it, don't * about it here, thats not going to help.
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    Blade SlingerBlade Slinger Member Posts: 5,891
    edited November -1
    DAM STRAIGHT! West NY has a nice ring to it[:D]


    quote:Originally posted by fishkiller41
    And they used the BEAT PART of the Stones song too..
    "West NY" just may one day come to be...
    They's A LOT of "backwoods" folks up there and they ain't "Hollywood" hillfolk neither!!!
  • Options
    CaptainCrossmanCaptainCrossman Member Posts: 1,649 ✭✭✭✭✭
    edited November -1
    http://www.youtube.com/watch?v=3JEWgPDJ0SY

    It appears that a 3000 man armed rebellion has formed in western NY state, and an entire county lead by a sheriff has declared itself a "come and take it" county.

    western NY state old timers service veterans are freaking BAD-ASZES !!
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    nards444nards444 Member Posts: 3,994 ✭✭
    edited November -1
    quote:Originally posted by CaptainCrossman


    There is more to this story than what you posted. He was no angel.
    [/quote]

    ok so let's get this straight so there's no misunderstanding, you think he is a true felon, and he should be locked up in MAXIMUM SECURITY prison, throw away the key, like a murderer or car thief, or would you prefer the death sentence ? Are you saying he's a true dangerous felon for having those rifle magazines in his car ?

    would you consider this a good tally/quota felon arrest, and something to be proud of on your own record ?

    there sure is more to the story, you conveniently left out the contents of the meeting for 33 minutes with law enforcement, sheriff, state officials, and an entire room full of piszed off WWII and Korean war vets, who said they won't comply, along with 3000 others who have pledged not to comply.

    they aren't angels either, they drank more boose, fought more real battles, and chased more broads than all of us put together.

    they aren't angels either, so what. None of us are. Neither are you. We're talking about the magazine felony charges.

    the sheriff is also no angel, for saying he won't even make his own deputies carry only 7 rounds (law enforcement in NY state will not be exempt from the limitation) and his deputies won't enforce it either. He said that right out in the open in front of the state and local officials, stating it's sagainst the 2nd Amendment.

    should they arrest the sheriff on the spot right there ? After all, he's "no angel" and he's talking about breaking the law right out in public.

    Rifle mags are now a felony in NY state. What self-respecting police officer in their right mind, would even pursue that ?

    It's like writing a ticket for doing 36 mph in a 35 mph zone.

    what's next, busting him for tiddly winks ?

    [/quote]

    I live up here and like said the story to protect this guy has gone poltical. Is the law right, no, I think everybody is agreeing with that. But he still broke the law. The mags were not pre ban and has nothing to do with new law. He may have thought the mags were but they werent date stamped. He also led police a small chase and and I believe was under the influence. So like said this guy was no angel. I am a combat vet in the same unit he was in, you just cant break laws because you were a vet. And he should know this as you have to do things all the time you dont like in the Army.

    You also have inaccuracies as rifle mags are not illegal in NY. 30rd were illegal minus preban but the new law makes anything over 10 illegal regardless of when they were made. After Jan 13th all new sales and possesion of 10 rd mags are illegal you can only legally own a 7 rounder, but if you had a 10 rounder before Jan 13th you can keep it but cant fill it past 7, misdemeanor for that, stupid right but thats it.

    Also the deal with cops not being exempt was an oversight on the brilliant minds in Albany when they rushed that through. That part is currently being ratified.


    There are many falicies with this new law. I am not defending it but many are mis-speaking and here are the basics.

    Pistol are more or less un affected 10 rd mag is still the limit. Only change is CCW has to be renewed every 5 vs before it was life time.

    There are stricter penalties for crimes comitted and mental heal now has a play you could be banned from ownership if live in one flew over the cucos nest.

    Mags like I said above if you have 30 rounds two options turn them in or sell out of state by April of 2014.

    Assault weapons. Anything owned prior to JAN 13th is allowed per the 1994 AWB. basically anything over two features is illegel, but you could still have an ar or AK etc if it was pre 1994 or only had a hand grip and no flash hider, or bayonet lug. If you own something that was legal before JAN 13th again two options, sell out of state prior to April of 2014.

    If you decide to keep your AW, you must register them prior to April of 2014, its supposed to be free and can do it online, must be done every 5 years. One sticking point is that once you die can where the rifles go? Some say you can transfer to spouse or child, but some say you can not.

    After JAN 13th assault weapons in NY are defined with a semi auto rigle with a detached mag and any one or more features instead of the two features like before. So really any AW is now banned. There is going to be a loophole eventually, because there is a california stock that eliminates the pistol grip on an AR.


    Also now all weapons sales must go through an FFl. No selling long guns to neighbords the FFL must do a check first before you sell.
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    CaptainCrossmanCaptainCrossman Member Posts: 1,649 ✭✭✭✭✭
    edited November -1
    I think there's more to it than even that, what about the 3000 guys that declared they also won't turn the clips or rifles in, in western NY state, and the sheriff in Fulton County, who declared his county a "come and get it" county ?

    it's not only about that one vet anymore getting pulled over- now there are nearly 3000 men openly defying the law- it's a full on rebellion of noncompliance and nullification

    what you may see is, the governor giving that county a waiver, and allowing them to keep their clips and rifles, to avoid civil strife

    nards, are you going to arrest and write up felonies for all 3000 of those guys, and the sheriff too ?
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    nards444nards444 Member Posts: 3,994 ✭✭
    edited November -1
    quote:Originally posted by CaptainCrossman
    I think there's more to it than even that, what about the 3000 guys that declared they also won't turn the clips or rifles in, in western NY state, and the sheriff in Fulton County, who declared his county a "come and get it" county ?

    it's not only about that one vet anymore getting pulled over- now there are nearly 3000 men openly defying the law- it's a full on rebellion of noncompliance and nullification

    what you may see is, the governor giving that county a waiver, and allowing them to keep their clips and rifles, to avoid civil strife

    nards, are you going to arrest and write up felonies for all 3000 of those guys, and the sheriff too ?




    im not a cop so no. Stop asking what ifs and warping it. 3000 vets has nothing to do with this guy. Like I said unless you are confused the GUY broke the current law at the time. Right or wrong that was the law. The vets have nothing to do with it. Again this whole incident was before all of the new laws. I dont think you can equate this to some innocent guy getting hammered. He was drunk ran from the police, after you break two laws you kind of open yourself up.

    And obviously you dont what you are talking about because clips do not go into ARs and Cuomo is not letting some county off.
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    CaptainCrossmanCaptainCrossman Member Posts: 1,649 ✭✭✭✭✭
    edited November -1
    quote:Originally posted by nards444
    quote:Originally posted by CaptainCrossman
    I think there's more to it than even that, what about the 3000 guys that declared they also won't turn the clips or rifles in, in western NY state, and the sheriff in Fulton County, who declared his county a "come and get it" county ?

    it's not only about that one vet anymore getting pulled over- now there are nearly 3000 men openly defying the law- it's a full on rebellion of noncompliance and nullification

    what you may see is, the governor giving that county a waiver, and allowing them to keep their clips and rifles, to avoid civil strife

    nards, are you going to arrest and write up felonies for all 3000 of those guys, and the sheriff too ?




    im not a cop so no. Stop asking what ifs and warping it. 3000 vets has nothing to do with this guy. Like I said unless you are confused the GUY broke the current law at the time. Right or wrong that was the law. The vets have nothing to do with it. Again this whole incident was before all of the new laws. I dont think you can equate this to some innocent guy getting hammered. He was drunk ran from the police, after you break two laws you kind of open yourself up.

    And obviously you dont what you are talking about because clips do not go into ARs and Cuomo is not letting some county off.



    he got 5 felony charges for AR mags in his car, if they want to charge him with DUI then fine, the issue we are picking at is the AR mags.

    every vet I knew was a heavy drinker, some were alcoholics. SO WHAT. If they saw a lot of combat they had a lot to forget about and shooting pool and knocking down a few beers helped.

    I believe you're the one in denial here, there are 3000 more guys from NY state, in the video in my signature below, who are doing to do the same damned thing as this first guy. So is the sheriff. You seem to be missing the fact, POSSESSION OF THE CLIPS ARE NOW A FELONY.
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    CaptainCrossmanCaptainCrossman Member Posts: 1,649 ✭✭✭✭✭
    edited November -1
    this is the issue

    http://www.nationalgunsupply.com/v/2.htm

    New York Large Capacity Ammunition Feeding Device

    It is a class D felony to manufacture, transport, dispose of, or possess a large capacity ammunition feeding device, which N.Y. Penal Law 265.00(23) defines as a magazine, belt, drum, feed strip, or similar device manufactured after September 13, 1994, that has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition. Section 265.02.
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    CS8161CS8161 Member Posts: 13,595 ✭✭✭
    edited November -1
    quote:Originally posted by CaptainCrossman
    quote:Originally posted by nards444
    quote:Originally posted by CaptainCrossman
    I think there's more to it than even that, what about the 3000 guys that declared they also won't turn the clips or rifles in, in western NY state, and the sheriff in Fulton County, who declared his county a "come and get it" county ?

    it's not only about that one vet anymore getting pulled over- now there are nearly 3000 men openly defying the law- it's a full on rebellion of noncompliance and nullification

    what you may see is, the governor giving that county a waiver, and allowing them to keep their clips and rifles, to avoid civil strife

    nards, are you going to arrest and write up felonies for all 3000 of those guys, and the sheriff too ?




    im not a cop so no. Stop asking what ifs and warping it. 3000 vets has nothing to do with this guy. Like I said unless you are confused the GUY broke the current law at the time. Right or wrong that was the law. The vets have nothing to do with it. Again this whole incident was before all of the new laws. I dont think you can equate this to some innocent guy getting hammered. He was drunk ran from the police, after you break two laws you kind of open yourself up.

    And obviously you dont what you are talking about because clips do not go into ARs and Cuomo is not letting some county off.



    he got 5 felony charges for AR mags in his car, if they want to charge him with DUI then fine, the issue we are picking at is the AR mags.

    every vet I knew was a heavy drinker, some were alcoholics. SO WHAT. If they saw a lot of combat they had a lot to forget about and shooting pool and knocking down a few beers helped.

    I believe you're the one in denial here, there are 3000 more guys from NY state, in the video in my signature below, who are doing to do the same damned thing as this first guy. So is the sheriff. You seem to be missing the fact, POSSESSION OF THE CLIPS ARE NOW A FELONY.




    You are completely missing the point..and if you don't get it by now, I will not waste any more time trying to explain it to you.[;)]
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    CaptainCrossmanCaptainCrossman Member Posts: 1,649 ✭✭✭✭✭
    edited November -1
    there's a BIG DIFFERENCE between a felony, and evading the police, or a DUI. If you fail to stop in Pa. and drive to your house, you get an EVADING THE POLICE fine, a mere misdemeanor, and lose your license for 6 months. If you get a DUI, you have to go on a program and pay a fine, and lose your license for 6 months or less.

    if you get caught with a 20 round clip in NY state, you now get THIS, a FELONY charge MINIMUM TWO YEARS IN JAIL Right up there next to child porn charges- for having a damned clip for your gun ? WTH ??

    What is a Class D Felony?
    In some states a Class D Felony is the lowest felony class, while in New York it is the second lowest felony class, having harsher penalties than the Class E felony, but not as harsh as the Class C felony.

    Examples of Class D felony offenses include, falsely reporting and incident, prohibited use of a weapon, placing a false bomb in the first degree, unlawful surveillance, promoting an obscene sexual performance by a child, promoting a sexual performance by a child, criminal possession of weapon, criminal sale of a weapon in the third degree, criminal sale of a firearm with the aid of a minor, and manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances.
    Class D Felony Sentences

    The sentence for Class D felony offenses is determined by the court but will not less than two years or be more than 7 years.

    The minimum and maximum sentence for felony offenses can be enhanced for any crime of a violent nature or one with aggravated circumstances, and reduced for mitigating circumstances. When determining a sentence the court takes into account the nature of the crime and the character and history of the offender. Juvenile offenders face up to four years imprisonment for Class D felonies.

    Class D Felony Enhancements

    Persons convicted of Class D felony domestic violence will face a term of at least three years but not more than 7 years.
    An attempt to commit a Class C felony will result in a sentence enhancement of two to 8 years.
    A prior conviction of a violent offense will cause the presumptive term to be enhanced to at least five years but not more than 7 years.
    A persistent violent offender having two or more violent felony convictions will serve at least six years but not more than 25 year in prison.
    A prior non-violent felony conviction will enhance the presumptive term to at least four years but not more than 7 years.
    Fines and Restitution for Class D Felonies

    A felony fine is fixed by the court but is not to exceed the higher of $5,000 or double the amount of the defendants gain from the commission of the crime.

    *The laws and penalties regarding felony classes and offenses vary for each state, however New York law presents a fair and clear representation of penal law, and is used in this article to offer a basic understanding of the Class D felony. The information contained in this article should not be construed as legal advice, and those accused of a Class D felony should seek legal counsel immediately
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    nards444nards444 Member Posts: 3,994 ✭✭
    edited November -1
    quote:Originally posted by CaptainCrossman
    quote:Originally posted by nards444
    quote:Originally posted by CaptainCrossman
    I think there's more to it than even that, what about the 3000 guys that declared they also won't turn the clips or rifles in, in western NY state, and the sheriff in Fulton County, who declared his county a "come and get it" county ?

    it's not only about that one vet anymore getting pulled over- now there are nearly 3000 men openly defying the law- it's a full on rebellion of noncompliance and nullification

    what you may see is, the governor giving that county a waiver, and allowing them to keep their clips and rifles, to avoid civil strife

    nards, are you going to arrest and write up felonies for all 3000 of those guys, and the sheriff too ?




    im not a cop so no. Stop asking what ifs and warping it. 3000 vets has nothing to do with this guy. Like I said unless you are confused the GUY broke the current law at the time. Right or wrong that was the law. The vets have nothing to do with it. Again this whole incident was before all of the new laws. I dont think you can equate this to some innocent guy getting hammered. He was drunk ran from the police, after you break two laws you kind of open yourself up.

    And obviously you dont what you are talking about because clips do not go into ARs and Cuomo is not letting some county off.



    he got 5 felony charges for AR mags in his car, if they want to charge him with DUI then fine, the issue we are picking at is the AR mags.

    every vet I knew was a heavy drinker, some were alcoholics. SO WHAT. If they saw a lot of combat they had a lot to forget about and shooting pool and knocking down a few beers helped.

    I believe you're the one in denial here, there are 3000 more guys from NY state, in the video in my signature below, who are doing to do the same damned thing as this first guy. So is the sheriff. You seem to be missing the fact, POSSESSION OF THE CLIPS ARE NOW A FELONY.




    You dont get it. I am a vet and know hundreds of vets and we all drink heavily give me a break for one.

    And one thing you can not get through your head is this happened before the new law before your 3000 vets decided to make some video. 30 round mags have been illegal in NY since 1994. since this guy was about 10. Again he was caught well before the new legislation. He should have known the laws and not carry the wrong chit. AGAIN nobody is saying the laws arent bunk. Being a veteran does not give him exemption from anything. You drive drunk and run from the cops, sorry the rest you get is on you.
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    Jim RauJim Rau Member Posts: 3,550
    edited November -1
    quote:Originally posted by ChrisInTempe
    More to this story here:
    http://www.watertoDNWailytimes.com/article/20130212/NEWS07/702129901/1038

    So, some points:

    1. Prosecution claims the mags have been illegal in that jurisdiction since 1994. The new NY law is not at question here.

    2. Cop stopped because the driver was pulled over with hazard lights flashing. Only the driver's odd behavior made the officer suspicious.

    3. Driver volunteered that he was stopped there waiting for a person he connected with on Craigs List to come and buy his magazines.

    Yes, bad law. Should not be such a law. I think such a law is unconstitutional. Americans have the right to own guns equal to current military firearms. That is the point of the 2nd Amendment.

    Moral of this story is to know your local laws, assume nothing and either obey them or expect to fight it out in court.

    If you are breaking the law, waiting on the road side with your flashers on is something you may want to rethink.
    He did not go to the back of the bus!!!
    We ALL need to follow his example.[:(!]
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    nyforesternyforester Member Posts: 2,575 ✭✭✭
    edited November -1
    I guess they better make the jails bigger in New York ! [:D]
    Abort Cuomo
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    Jim RauJim Rau Member Posts: 3,550
    edited November -1
    But the magazines were NOT illegal because the Bill of rights says he can have them!!!! [:(!]
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    nards444nards444 Member Posts: 3,994 ✭✭
    edited November -1
    quote:Originally posted by Jim Rau
    But the magazines were NOT illegal because the Bill of rights says he can have them!!!! [:(!]


    bill of rights does not saying anything specific. But was left open for interpreation for a reason so it can change with the time, and sometimes that is the problem.

    Either way the law still existed right or wrong. I hate speed limits, but face the consequences if your break them.
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    Steve02c5Steve02c5 Member Posts: 34 ✭✭
    edited November -1
    quote:Originally posted by CaptainCrossman
    short version of video

    http://www.youtube.com/watch?v=gf07r2LbGxw


    Thanks for the video. Our major anti 2nd Amendment enemy is the Mainstream MEDIA!!!!!

    These meetings, which will never be shown by the MSM, show the majority of law abiding citizen's pro-gun position; however, the Joseph Goebbel school of journalism teaches to "tell the lie often enough and it becomes the truth."

    If these Draconian laws do come to pass; we need to educate the people(jurors) about their jury nullification rights every day of every year.

    At the very least, there will be many, many, hung juries.
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    Jim RauJim Rau Member Posts: 3,550
    edited November -1
    quote:Originally posted by nards444
    quote:Originally posted by Jim Rau
    But the magazines were NOT illegal because the Bill of rights says he can have them!!!! [:(!]


    bill of rights does not saying anything specific. But was left open for interpreation for a reason so it can change with the time, and sometimes that is the problem.

    Either way the law still existed right or wrong. I hate speed limits, but face the consequences if your break them.
    His 'right' to 'keep and bear arms' was 'infringed' thus his civil right were violated by those who enforced an unconstitutional "law"!!![:(]
    Not to mention the cops who arrested him were in DIRECT violation of the oath they took![:(!]
    Does the Constitution (Bill of Rights) give you the 'right' to drive or speed? I think not. Invalid comparison! [V]
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    nards444nards444 Member Posts: 3,994 ✭✭
    edited November -1
    quote:Originally posted by Jim Rau
    quote:Originally posted by nards444
    quote:Originally posted by Jim Rau
    But the magazines were NOT illegal because the Bill of rights says he can have them!!!! [:(!]


    bill of rights does not saying anything specific. But was left open for interpreation for a reason so it can change with the time, and sometimes that is the problem.

    Either way the law still existed right or wrong. I hate speed limits, but face the consequences if your break them.
    His 'right' to 'keep and bear arms' was 'infringed' thus his civil right were violated by those who enforced an unconstitutional "law"!!![:(]
    Not to mention the cops who arrested him were in DIRECT violation of the oath they took![:(!]
    Does the Constitution (Bill of Rights) give you the 'right' to drive or speed? I think not. Invalid comparison! [V]


    Its all interpretation my friend. The local cops swear to defend the States constituion anyways. Anyways the Old law at least in the court of law was never determined to violate the states consitution, so the cops were in fact not doing anything wrong.

    But I see what you are getting and not disagreeing or agreeing, but if thats how you choose to look at things regarding the law, do whatever your life can handle.
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    Jim RauJim Rau Member Posts: 3,550
    edited November -1
    quote:Originally posted by nards444
    quote:Originally posted by Jim Rau
    quote:Originally posted by nards444
    quote:Originally posted by Jim Rau
    But the magazines were NOT illegal because the Bill of rights says he can have them!!!! [:(!]


    bill of rights does not saying anything specific. But was left open for interpreation for a reason so it can change with the time, and sometimes that is the problem.

    Either way the law still existed right or wrong. I hate speed limits, but face the consequences if your break them.
    His 'right' to 'keep and bear arms' was 'infringed' thus his civil right were violated by those who enforced an unconstitutional "law"!!![:(]
    Not to mention the cops who arrested him were in DIRECT violation of the oath they took![:(!]
    Does the Constitution (Bill of Rights) give you the 'right' to drive or speed? I think not. Invalid comparison! [V]


    Its all interpretation my friend. The local cops swear to defend the States constituion anyways. Any the Old law at least in the court of law was never determined to violate the states consitution, so the cops were in fact not doing anything wrong.

    But I see what you are getting and disagreeing or agreeing, but if thats how you choose to look at things regarding the law, do whatever your life can handle.
    Correct you are. And you do not need a law degree or a black rope to interrupt ANY of the Bill of Rights! It was written in simple language for a reason. And those who say the courts are the 'final' interpreters is like saying it is ok for the fox to be in the hen house!!![V]
    Why don't you all wake up and smell the stench of the courts and legislatures?????[?]
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    nards444nards444 Member Posts: 3,994 ✭✭
    edited November -1
    Like I said I am not necessarily disagreeing with you. My point behind all of this was for one the PERP was arrested and prosecution had begun before the new started, agree with the old or new law doesnt matter, people are getting the facts twisted. Second the guy did a bunch of other things that led up him getting into even more trouble. And being a vet I do not like when people pull vets into a political agenda like is being done here, regardless if the cause is worthy or not.

    The courts are the final say whether a law is constituinal or not, just the way it is, and those judges are either elected by us or appointed by officials that we voted in. You or I may not have voted them in, but the majority did, and in this country majority rules, which if you are the majority then you are good, but if you are not in a particular case, then I guess you are SOL.

    I have tried in the last few years to vote educatedly and do my best, and guns are important to me, but it is not always the only issue either. I may not agree with the guns laws or other laws, but if I know that something illegal to me at least its not worth going behind bars for. And I know on here many people talk big about bucking the system, which fine go ahead, but in the reality is nobody does anything and really you cant unless you want to be in jail.
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    Jim RauJim Rau Member Posts: 3,550
    edited November -1
    No the courts ARE NOT the final say, "We the people are"![:(!]
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    lykum357lykum357 Member Posts: 19 ✭✭
    edited November -1
    I could kill more dear beloved school children with a hammer in less time than that Adam guy with no reload even. You all including our sons and daughters are being screwed.
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    nards444nards444 Member Posts: 3,994 ✭✭
    edited November -1
    quote:Originally posted by Jim Rau
    No the courts ARE NOT the final say, "We the people are"![:(!]


    well we the people either voted for the judges or the people that put them there. And the courts are the final say as is worded in the tution.
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