Decorated Veteran Arrested in New York - Charged with 5 Felony Counts

[IfItFliesItDies]

http://offgridsurvival.com/decoratedcombatveteran-arrested-newyorkfelonies-armagazines/

His crime - possessing 5 unloaded 30 round AR magazines.

God Bless America.

 

[508]

So... what was his charge? It seems there's more to the story that is not being told. The PC and official charges would be nice to know.

 

[benorth]

I read this earlier, but the only info I could dig up was from blogs. Not saying it isn't true, but it could go either way...

 

[IfItFliesItDies]

He has a go fund me page for legal fees.
http://www.gofundme.com/1tkukc#description

Here's the article of him being honored right before his arrest.
http://www.drum.army.mil/mountaineer/Article.aspx?ID=6283

No evidence that the story is false. I'd say it's legit.

 

[schnugee]

If this is indeed legit, I want to contribute.

 

[JBE]

One article I read cited its source as wwnytv.com

I went on wwnytv's website and searched and could find no mention of this at all...take that for what it's worth....

 

[Leonidas]

Freakin' cop's a moron. Those are 5 PEZ dispensers for his nieces and nephews.





I checked 4 pages of Google results and there were no 'legitimate' news sources.

 

[jmcrawf1]

Freakin' cop's a moron. Those are 5 PEZ dispensers for his nieces and nephews.

Could be pez dispensers for democrats

 

[oleheat]

One article I read cited its source as wwnytv.com

I went on wwnytv's website and searched and could find no mention of this at all...take that for what it's worth....

It must be true. The Jefferson (NY) County Sheriff's Office has this on their Facebook page:

There has been a lot of interest in a recent JCSO arrest for criminal possession of a weapon in the third degree, which, contrary to what some are assuming, was unrelated to the NYSAFE Act, made before the NYSAFE Act existed, and before any details of the NYSAFE Act were known to the public or the law enforcement community.

Keep in mind an investigating agency has the advantage of knowing all of the facets of an incident, rather than just what you may have seen in the media. And as with any arrest, a defendant is given some privacy as well, which is why the public gets limited information.

As you have seen and read, the NYSAFE Act dropped magazine capacity from ten rounds to seven, meaning the existing law {PL §265.02 sub 8} already limited magazine capacity to ten rounds. PL §265.02(8) has been on the books, unchanged, in excess of 12 years:

§ 265.02 Criminal possession of a weapon in the third degree.
A person is guilty of criminal possession of a weapon in the third degree when:

(8) Such person possesses a large capacity ammunition feeding device. Criminal possession of a weapon in the third degree is a class D felony.

Definition:

23. "Large capacity ammunition feeding device" means a magazine, belt, drum, feed strip, or similar device, manufactured after September thirteenth, nineteen hundred ninety-four, that has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition; provided, however, that such term does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.

Hows about those of you who are FB dwellers give their page visit and let them know how you feel? It's free and can't hurt.


Link:
http://www.facebook.com/pages/Jefferson-County-Sheriffs-Office/317908998223209

 

[Leonidas]

Here's a question for you AR guys. Are AR mags marked in some way to indicate date of manufacture. Seems NY has to prove that they are not grandfathered.

 

[SpeedRacer]

It must be true. The Jefferson (NY) County Sheriff's Office has this on their Facebook page:







Hows about those of you who are FB dwellers give their page visit and let them know how you feel? It's free and can't hurt.


Link:
http://www.facebook.com/pages/Jefferson-County-Sheriffs-Office/317908998223209

Why harass the Sheriff's office? They don't make the laws. He broke laws, and was charged for it. I respect his veteran status and service to his country, but justice is and should be blind.

 

[the dubshow]

Here's a question for you AR guys. Are AR mags marked in some way to indicate date of manufacture. Seems NY has to prove that they are not grandfathered.

NO. Mags made during the fed ban are typicaly stamped LEO/Mil use only.

But thats dilemma in all this. There is no way to tell when a mag was manufactured. There for nullifying the "grandfather clause"

just give up your rights and quit being a criminal is the long and short.

 

[Leonidas]

Why harass the Sheriff's office? They don't make the laws. He broke laws, and was charged for it. I respect his veteran status and service to his country, but justice is and should be blind.

It should also be just.

I don't have a problem with harassing LE about their enforcing unjust law. They have at least as much capacity for 'administrative discretion' as our Dear Leader to refuse to enforce.

However, I think this is a clear answer to the lingering question. Yes, there will be some LEO's perfectly willing to participate in trampling 2nd A rights, if a statute is on the books.

 

[Emperor]

Why harass the Sheriff's office? They don't make the laws. He broke laws, and was charged for it. I respect his veteran status and service to his country, but justice is and should be blind.

The article hints that the law was not in effect yet? If that is factual, wouldn't that lend itself to criticism of the police involved?

 

[SpeedRacer]

It should also be just.

I don't have a problem with harassing LE about their enforcing unjust law. They have at least as much capacity for 'administrative discretion' as our Dear Leader to refuse to enforce.

However, I think this is a clear answer to the lingering question. Yes, there will be some LEO's perfectly willing to participate in trampling 2nd A rights, if a statute is on the books.

I don't agree with the law at all. I'm saying aim your anger at people that make the laws.

And where do you draw the line? Should LE only enforce laws YOU agree with? What about people that don't like drug laws, etc? If the guy had a bag of heroin instead of illegal mags would that be any different?

 

[Leonidas]

The article hints that the law was not in effect yet? If that is factual, wouldn't that lend itself to criticism of the police involved?

The facebook post details that the arrest was based on existing law, limiting capacity to 10 rounds, which has be in force for 12 years. Not the new law.

 

[Jack]

The article hints that the law was not in effect yet? If that is factual, wouldn't that lend itself to criticism of the police involved?

It depends on when the mags were made. If prior to the ban, he should be okay. If after, he shouldn't have them.

 

[doc ace]

They blocked me and removed my post.

 

[SpeedRacer]

The article hints that the law was not in effect yet? If that is factual, wouldn't that lend itself to criticism of the police involved?

From what I understand his arrest has nothing to do with the new law. If his mags were made after 1994, they've already been illegal for 12 years. Without knowing more details about the mags it's hard to say. It is strange that he theoretically bought these magazines 12 years ago but had them in his vehicle?

Just my interpretation, I'm not an expert on NY laws.

 

[Leonidas]

I don't agree with the law at all. I'm saying aim your anger at people that make the laws.

And where do you draw the line? Should LE only enforce laws YOU agree with? What about people that don't like drug laws, etc? If the guy had a bag of heroin instead of illegal mags would that be any different?

Valid question. I think the line is laws that prima facie violate specific, delineated Constitutionally protected rights, that anyone capable of passing the screening necessary to be a cop, should be able to figure out. The drug issue is one we could argue separately, as I don't see that in the Constitution, specifically.