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Soldier arrested in NY: Charged With 5 Felonies For Possession of AR Magazines

OlGutshotWilly

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So after reading up on this, and the comments about the law, it seems that every citizen of New York will be a criminal if they don't sell these Normal capacity magazines out of state before 2014. ( or convert )

They are going to have to arrest an awful lot of New York citizens to make this work.

Looks like he is the first. Maybe not a smart move to start with a decorated US Soldier. How is this going to make our kids safer again?
 

skidmark

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So after reading up on this, and the comments about the law, it seems that every citizen of New York will be a criminal if they don't sell these Normal capacity magazines out of state before 2014. ....

This ^ may not be the issue. 30-round mags manufactured after 1994 are banned in NYS. Haddad is claiming he believed the magazines in question were pre-ban and therefore legal till 1/15/2014 Cop who saw them claims they are post-ban and were illegal since xx/xx/1994 when the NYS AWB went into effect.

Depending on what brand they are and if they are marked with the fairly standard AWB-period "LEO ONLY" notice or not, it's going to be difficult to prove when they were manufactured. Some folks in states with AWB laws retain sales receipts with contact info of the seller as well as an affidavit from the seller that the mags are pre-ban or post-ban (if AWB laws went away).

stay safe.
 

motoxmann

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besides the obvious, this part alone annoys the snot out of me:
"when he was randomly pulled over for a vehicle check"
 

The Airframer

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besides the obvious, this part alone annoys the snot out of me:
"when he was randomly pulled over for a vehicle check"

+1

Could it be possible that one of our defenders of freedom has a Fourth Amendment defense?

I'm so glad to not live in NY or ever have ANY reason for ever going. The Statue of Liberty should be relocated to a state that doesn't oppose liberty.
 

davidmcbeth

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This ^ may not be the issue. 30-round mags manufactured after 1994 are banned in NYS. Haddad is claiming he believed the magazines in question were pre-ban and therefore legal till 1/15/2014 Cop who saw them claims they are post-ban and were illegal since xx/xx/1994 when the NYS AWB went into effect.
stay safe.

The charges would be the subject matter of a motion to dismiss. So its possible that the facts of the case would never be heard at all.
 

skidmark

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The charges [strike]would[/strike] may be the subject matter of a motion to dismiss. So its possible that the facts of the case [strike]would[/strike] might never be heard at all.

FIFY.

Too much "not enough information" to say for sure if the stop itself was unconstitutional, and even if it was his defense stragety may be to ignore seeking to suppress evidence obtained unconsitutionally in favor of actually getting a "Not Guilty" verdict.

Chickens. Eggs. Hatching. Counting. Remember that?

stay safe.
 

davidmcbeth

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FIFY.

Too much "not enough information" to say for sure if the stop itself was unconstitutional, and even if it was his defense stragety may be to ignore seeking to suppress evidence obtained unconsitutionally in favor of actually getting a "Not Guilty" verdict.

Chickens. Eggs. Hatching. Counting. Remember that?

stay safe.

A bad stop would be addressed by a motion to suppress. A motion to dismiss has priority...it would be filed first and it stays any further proceedings until its ruled upon.

Of course, his lawyer is free not to file a motion to dismiss..but he would have to be the worst lawyer in the nation not to :)


Motion to dismiss to argue that the mag limit is unconstitutional -- just to clarify...
 
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sharkey

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+1

Could it be possible that one of our defenders of freedom has a Fourth Amendment defense?

I'm so glad to not live in NY or ever have ANY reason for ever going. The Statue of Liberty should be relocated to a state that doesn't oppose liberty.

Probably not. Most likely he consented (or didn't dissent).
 

zack991

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+1

Could it be possible that one of our defenders of freedom has a Fourth Amendment defense?

I'm so glad to not live in NY or ever have ANY reason for ever going. The Statue of Liberty should be relocated to a state that doesn't oppose liberty.

There are a number of states i will drive all the way around and refuse to put any $$ into their state by spending money there. Also not worth the risk.
 
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davidmcbeth

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There are a number of states i will drive all the way around and refuse to put any $$ into their state by spending money there. Also not worth the risk.

You need to read the US Code ... I think they exempt folks from just traveling through w/guns ..

Now if you don't want to spend $$ that another issue ... but I don't buy in states I don't like unless I have to
 

zack991

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I can remember quite a few story's of gun owners just passing through a state get screwed by the Governments with stupid gun laws.
 

OlGutshotWilly

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I keep hearing stories of gun owners with properly packaged and declared guns in their baggage, who are arrested at the New York airports, guns forfeited, and then charged with a lesser crime.

I wish I had the cites available, but it seems that has been a practice of Mayor Bloomberg and New York City.

If others have the cites of those incidents, I would be interested in re-visiting them.
 

eye95

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You need to read the US Code ... I think they exempt folks from just traveling through w/guns .. ...

Can you cite the relevant portion of the code? I don't think it says what you are implying it says. There are very specific rules under which one may travel interstate from one place where they may possess a firearm to another place where they may possess a firearm. If you are going to reference those rules, cite them!

A little knowledge of the law is a dangerous thing, which is one of the reasons that this site requires that we cite to authority in matters of law.
 

sharkey

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Can you cite the relevant portion of the code? I don't think it says what you are implying it says. There are very specific rules under which one may travel interstate from one place where they may possess a firearm to another place where they may possess a firearm. If you are going to reference those rules, cite them!

A little knowledge of the law is a dangerous thing, which is one of the reasons that this site requires that we cite to authority in matters of law.

http://www.nraila.org/gun-laws/articles/2010/guide-to-the-interstate-transportation.aspx

Travelers should be aware that some state and local governments treat this federal provision as an “affirmative defense” that may only be raised after an arrest.

http://www.law.cornell.edu/uscode/text/18/926A

[h=1]18 USC § 926A - Interstate transportation of firearms[/h]
Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
 

eye95

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I keep hearing stories of gun owners with properly packaged and declared guns in their baggage, who are arrested at the New York airports, guns forfeited, and then charged with a lesser crime.

I wish I had the cites available, but it seems that has been a practice of Mayor Bloomberg and New York City.

If others have the cites of those incidents, I would be interested in re-visiting them.

The law that covers air travel covers the air travel only, not what happens before you go through the process of checking your bags or after you pick them up. Those times are under the jurisdiction of the States and localities you are in at the time.

Notice how these rules cover only firearms in checked baggage. They do not cover how to get them to the point where they are checked baggage!
 

eye95

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Please note that I was challenging a very specific poster to support his very specific contention by citing the law, the actual US Code sections.

He has a habit of abstracting one small idea from a very complex law, and making it sound like the be all and end all of the law. In this case, he is implying that this federal law protects all travel with firearms (and, in the case of this thread, magazines). It doesn't. He needs to know that.

More importantly, those who read his posts need to know that he is playing fast and loose with the law. Listening to him is playing fast and loose with one's freedom and with one's LIFE!
 

sharkey

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The law that covers air travel covers the air travel only, not what happens before you go through the process of checking your bags or after you pick them up. Those times are under the jurisdiction of the States and localities you are in at the time.

Notice how these rules cover only firearms in checked baggage. They do not cover how to get them to the point where they are checked baggage!

They need to be legal in both jurisdictions. I suppose someone without a concealed permit in a jurisdiction that requires it could be arrested once they claim their baggage.
 

davidmcbeth

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They need to be legal in both jurisdictions. I suppose someone without a concealed permit in a jurisdiction that requires it could be arrested once they claim their baggage.


FYI

18 USC § 926A - Interstate transportation of firearms
Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
 
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