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Thread: 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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    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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    It's always a recipe for disaster when emotions drive public policy.............smh
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    Quote 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 at 11:51 PM.

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    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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    Wish some cops could use something called "discretion"
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    Quote 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
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    Just pay your dues, and be quiet :-)

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    Jesus. Frightening times we live in.

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    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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    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."

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    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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    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.
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    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.
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    Quote 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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    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.
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    Quote Originally Posted by EricDel View Post
    Wish some cops could use something called "discretion"





    Eric, try to understand something here. OK, the New York Law in this instance is crap. Let's agree on that. However, your point is/was and I quote. "Wish some cops could use something called "discretion".

    Well, Mr. Student, I'm here to tell you that cops across the length and breadth of this country use discretion each and every day. So, you see, your wish has been granted. That should make you happy. It won't, but it should.

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    Quote Originally Posted by EricDel View Post
    Wish some cops could use something called "discretion"
    We use discretion each and every day on all kinds of cases. In NY, however, "officer discretion" can get you fired if your current administration has an agenda. I disagree with the majority of the SAFE act and I'm certainly not going out of my way to look for violations. BUT, if I were to come across one and not do anything about it, all the binding arbitration in the world wouldn't save my job. That's especially true if the handgun needs to be inventoried pursuant to a lawful tow (as it would be in the case of a suspended driver). I'm certainly not going to be a test case.
    Last edited by Fuerza; 05-14-2013 at 09:35 PM.
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    As others have written, the driver may have acted the fool. Driving with a suspended license is not a criminal misdemeanor under the NY Penal Law, it is classified by the Vehicle and Traffic Law as a misdemeanor. As such, the Trooper could have simply issued a citation to the local criminal court. It is in the Trooper's discretion to process the arrest.

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    Quote Originally Posted by dontknowwhy View Post
    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,
    Was somebody using that "PC for the stop" expression again? You were only using that as shorthand for what you really meant, because "RS" or whatever takes too long to type, right?

    Picky? You bet. But if cops stop saying that, maybe some trial judges and even some defense attorneys will stop asking what the PC was, in situations where PC wasn't required. (Maybe.)

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    So much for the cries I heard that cops weren't going to enforce this BS law.
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    Quote Originally Posted by PhilipCal View Post
    Eric, try to understand something here. OK, the New York Law in this instance is crap. Let's agree on that. However, your point is/was and I quote. "Wish some cops could use something called "discretion".

    Well, Mr. Student, I'm here to tell you that cops across the length and breadth of this country use discretion each and every day. So, you see, your wish has been granted. That should make you happy. It won't, but it should.
    First off Phillip I am a cop, not a student, in one of the biggest cities in the south and use discretion every night I'm working. Are these stupid bullet laws mandatory arrest in NY? If not I would hope most cops don't enforce them. Thank god I'm out of that liberal hell of the northeast anyways, I need to update my profile sometime

    And of course I know cops use it every night I'm just hoping more use it more often with these types of laws. Too many people I see coming out of the academy now and it's either black or white no in between.
    Last edited by EricDel; 05-15-2013 at 08:45 AM.

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    Quote Originally Posted by EricDel View Post
    First off Phillip I am a cop, not a student, in one of the biggest cities in the south and use discretion every night I'm working. Are these stupid bullet laws mandatory arrest in NY? If not I would hope most cops don't enforce them. Thank god I'm out of that liberal hell of the northeast anyways, I need to update my profile sometime

    And of course I know cops use it every night I'm just hoping more use it more often with these types of laws. Too many people I see coming out of the academy now and it's either black or white no in between.






    Update your profile.. If you're a cop, and I'm certainly going to take your word for that at present, then you should already be practicing "officer discretion" on a daily basis. As you gain experience in this profession you'll understand that discretion is one of the most valuable tools we have.

    The New York law? Just more feel good, knee jerk crap from a bunch of weenie politicians. That said, take another look at our colleague's offering in Post#17. Really says it all.

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    Quote Originally Posted by RR_Security View Post
    Was somebody using that "PC for the stop" expression again? You were only using that as shorthand for what you really meant, because "RS" or whatever takes too long to type, right?

    Picky? You bet. But if cops stop saying that, maybe some trial judges and even some defense attorneys will stop asking what the PC was, in situations where PC wasn't required. (Maybe.)
    Our old judge wouldn't convict on RAS stops, PC only. If I testified that I ran the tag and owner, he came back as suspended, the demo's matched the driver, and I made the stop due to that, he considered it a bad arrest and would change it to a warning.
    Quote Originally Posted by Ceridwen View Post
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    Discretion is all well and good, but the guy was already under for a suspended license.
    So the trooper should use discretion at that point and not voucher the extra rounds, and put HIS job at risk for some perp?
    I'm just being the devil's advocate here, I wasn't there, none of us were.
    With that said, I don't agree with the new "law", but we all have a job to do, at the end of the day whether I love or hate the job, agree or disagree with any laws or policies, I need to get paid...I took this job voluntarily knowing that.
    I'm 100% for discretion when it's appropriate, but it's for the officer who is on scene to decide, not someone typing away based on a two paragraph article.
    NYSP1192Hunter likes this.

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