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First person charged with too many bullets in gun under NY SAFE ACT

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  • First person charged with too many bullets in gun under NY SAFE ACT

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    I hope he fights this and wins.





    http://www.syracuse.com/news/index.s...many_bull.html





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    Man charged with too many bullets in gun under NY Safe Act

    May 13, 2013 at 3:03 PM

    ALBANY, N.Y. (AP) -- State police have charged a 31-year-old Hudson Valley driver with a misdemeanor after he was pulled over and found with two more bullets in his handgun magazine than allowed under New York's new gun control law.

    They say their investigation showed the semi-automatic on the passenger seat was a legally possessed but its magazine contained nine rounds, not seven as required since April 15.
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  • #2
    This is going to be a good one. The hope is that a gun-rights group will back the pistol owner. He was stopped for a relatively minor traffic offense, legally owned the firearm and had the proper permit. I usually agree with actions of the police but in this case I see no reason to "investigate" the pistol. There is no section of the NYS Penal Law that allows such investigations, that I know of. The betting line shows widespread belief that an Adjournment in Contemplation of Dismissal will be granted to make this case go away, so that our beknighted governor's law isn't challenged.

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    • #3
      It's always a recipe for disaster when emotions drive public policy.............smh
      It is better to keep your mouth shut and appear stupid than to open it and remove all doubt.

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      • #4
        Originally posted by Dinosaur32 View Post
        This is going to be a good one. The hope is that a gun-rights group will back the pistol owner. He was stopped for a relatively minor traffic offense, legally owned the firearm and had the proper permit. I usually agree with actions of the police but in this case I see no reason to "investigate" the pistol. There is no section of the NYS Penal Law that allows such investigations, that I know of. The betting line shows widespread belief that an Adjournment in Contemplation of Dismissal will be granted to make this case go away, so that our beknighted governor's law isn't challenged.
        Civilian here--how in the world is this a legal search?

        The contents of the magazine can't commit a traffic offense. The contents of the magazine pose no threat to the officer (The bullet in the chamber is another matter. If the cop noted something illegal about that bullet in unloading it I wouldn't have a problem with the case.)
        Last edited by Loren Pechtel; 05-13-2013, 09:51 PM.

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        • #5
          If he gave permission, it was a legal search.

          If he happened to be blessed by the almighty and was carrying under authority of a concealed handgun license, and the officer took temporary possession of the gun, it was a lawful search/(temporary)seizure.

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          • #6
            Wish some cops could use something called "discretion"

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            • #7
              Originally posted by EricDel View Post
              Wish some cops could use something called "discretion"
              I'm sure they are every day, in and out of NY state.

              I wonder if the person had CARTRIDGES if the charge would have been different than just "bullets" ??

              Bill
              Just pay your dues, and be quiet :-)

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              • #8
                Jesus. Frightening times we live in.

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                • #9
                  Additional info......the Trooper was most likely correct in his actions. The driver was operating the vehicle with a suspended DL. A misdemeanor in NY and grounds to seize the pistol. At that point all bets are off about rendering the firearm safe.

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                  • #10
                    Twenty years from now, there will be a similar news story, like this:

                    "First person charged with having too many bullets in gun under National 1-gun-1-bullet act.
                    Yesterday, John Doe was charged with having two bullets in his legally owned pistol, in violation of the National 1-gun-1-bullet act, which took effect on Monday. Under the new law, only police officers are allowed to have two bullets in their pistols. In New York, police can have three bullets, but one of those must be a blank."

                    List of Islamic terror attacks in the last 30 days

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                    • #11
                      Here the Governor and State Legislature created a criminal where there once was none.
                      I am concerned for the security of our great Nation; not so much because of any threat from without, but because of the insidious forces working from within.

                      Douglas MacArthur

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                      • #12
                        Or maybe in twenty years, NY and other jurisdictions will have caught on that criminals are called criminals because they don't give a rodent's rump about breaking that law or any other law, and the states will have repealed such stupid do-nothing legislation.

                        Riiiiiight.
                        --
                        Capital Punishment means never having to say "you again?"

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                        • #13
                          What te hell is wrong with NY and CA officers??? If you are enforcing BS laws like that you need to get a new career.
                          "Life is not about how hard you can hit, it's about how hard you can get hit and keep moving foward"- Rocky Balboa

                          Black Labs Matter!

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                          • #14
                            Originally posted by Interceptor View Post
                            What te hell is wrong with NY and CA officers??? If you are enforcing BS laws like that you need to get a new career.
                            I'm hoping there is more to this, he was arrested for suspended license, I'm thinking he was a complete ***** to the arresting officer and he got this charge added!!

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                            • #15
                              Yankee 1, I was thinking the same thing.

                              After reading the story, this is how it went in my head:
                              Trooper either ran the tag, then the owner from the tag info (if you can do that in NY) and saw the DL was suspended, then used the tag light as PC, or just stopped for the light and found out the DL status from there.
                              Driver gets hooked up for Driving while Licenses Suspended, troop does a per-policy vehicle inventory prior to towing it, finds the pistol.
                              Guy has already shown out or does once the troop mentioned the amount of ammo to him and talked himself into a charge.
                              Trooper, rather then cutting him a break, uses his discretion to charge the guy with everything he can find in hopes that additional charges/ fines/ jail time will result in corrective active being taken on the part of the suspect.
                              Suspect, feeling himself to be a martyr and/or entitled to have the laws apply to everyone but himself leaks it to the press.
                              Originally posted by Ceridwen
                              Just one would be stingy of me, I'd have to get two. For the children.

                              Comment

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