Tuesday, November 26, 2013

Most NY Safe Act arrests so far for crimes that pre-date new gun laws

Someone please explain to me how someone can be arrested,convicted, fined or sentenced for a crime that doesn't exist?

In the knee jerk reaction to the Sandy Hook shooting last year, there were a plethora of new , restrictive, gun laws passed because as we all know, politicians always feel the need to "do something" after any kind of tragedy.

New York went over the top and passed some of the most restrictive gun laws in the country that basically outlawed items that were perfectly legal to own before the laws were passed and thus put an onerous burden on citizens to get rid of certain guns and magazines before a certain date.

Some parts of those laws have not taken effect yet and won't until January, 2014.

By Teri Weaver | tweaver@syracuse.com

The NY Safe Act passed in early January in the wake of the Sandy Hook Elementary School shootings in Newtown, Conn. At the time, supporters of the new laws praised the changes as among the toughest gun restrictions in the nation.

The act changed or added to at least 15 different facets of state law, according to the New York State Police's guide to its troopers.

The act famously banned "assault weapons," semi-automatic guns with a detachable magazine that have extra components such as a pistol grip, flash suppressor or folding stock. People who owned these guns before Gov. Andrew Cuomo signed the act on Jan. 14 have until April 15, 2014 to register them with the state.

Syracuse, N.Y. -Nearly 1,000 people have been charged under the NY Safe Act in the eight months since the tougher gun control law was passed, according to the state's Division of Criminal Justice Services.

Nearly 90 percent were accused of a crime that pre-dates the new act - including having a sawed-off long gun or an unregistered pistol - but was elevated to a felony when the Safe Act went on the books Jan. 15.

The arrests dealing with the more controversial portions of the Safe Act, including possession of a large capacity magazine or a newly defined "assault weapon," are far fewer. And it's unclear whether some of those charges will actually stick, in part because gun owners still have time to register or get rid of certain guns and large-capacity magazines.

Take, for example, possession of a magazine that holds more than 10 rounds.

Across the state, 20 people have been charged with this misdemeanor, according to data The Post-Standard and Syracuse Media Group requested from DCJS. That includes three people in Onondaga County, according to the stats.

But the New York State Police advises its troopers that this change in the law isn't actually enforceable until Jan. 15. Dan Feldman, a former state lawmaker who now teaches at John Jay College of Criminal Justice, agrees.

Others interpret that part of the law differently. Certain large capacity magazines are now unlawful under the Safe Act, though owners have until Jan. 15 to get rid of them. And, people caught with a large magazine can have an extra 30 days to get rid of it to avoid the misdemeanor.

But, Onondaga County Chief Assistant District Attorney Joseph Coolican added: "That doesn't mean that if I'm caught with one (now), I can't be charged," he said this week.


So it can be tossed later?

What kind of bullshit is that?

Is it just me or is that prosecutorial misconduct, or at the very least Selective Prosecution?

I would love to see someone go after one of these cases and file suit.

Actually, I would like to see the Supreme Court decide that these laws are a direct violation of the 2nd Amendment, which they clearly are.

In this current political climate though, I ain't holding my breath.
I would have been voting with my feet anyway.

Fuck you people, you want to be sitting ducks, be my guest.

By the way, ask Rahm Emmanuel how those restrictive gun laws in Chicago have been working out.

1 comment:

  1. The only "law" we have now is whatever the JBTs decide is "law". It is them against us.


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