SCOTUS Signals Interest In CA Gun Seizure Case

[nortatoga]

Serious issue. They said NY's tazer ban is not legal. But it's still on the books, and you'll still be arrested most likely if you're found with one.

Very close to zero effort put in by the state to address. They just simply ignore it. Don't care.

Stun Gun and Taser Laws in New York

New York's ban on stun guns and Tasers has been challenged in court, but for now it's still a crime to own or use these weapons.

www.criminaldefenselawyer.com

In 2019, a federal court struck down a New York law that made it illegal for civilians for possess stun guns or Tasers anywhere and for any reason. The court left open the possibility that certain restrictions on these weapons could pass constitutional muster. But until the state changes its laws, New Yorkers are free to buy, keep, and use stun guns—as long as they don’t use them to commit other crimes.

 

[Blimey]

But until the state changes its laws, New Yorkers are free to buy, keep, and use stun guns—as long as they don’t use them to commit other crimes.

In theory. But in practice it's still on the books as a crime, it's still virtually impossible to buy one in this state, and I'm sure given it's on the books (and little appetite to change) you could still be arrested for having one. Try arguing with a cop that "I know it's against NY law, but scotus this or that last year, so..."

"Sir, I've heard this before. Turn around and put your hands behind your back."

"But the SCOTUS said!"

"Alright, boys, taze this sumbitch!"

And then you get tazed for having a tazer!

 

[nortatoga]

In theory. But in practice it's still on the books as a crime, it's still virtually impossible to buy one in this state, and I'm sure given it's on the books (and little appetite to change) you could still be arrested for having one. Try arguing with a cop that "I know it's against NY law, but scotus this or that last year, so..."

"Sir, I've heard this before. Turn around and put your hands behind your back."

"But the SCOTUS said!"

"Alright, boys, taze this sumbitch!"

And then you get tazed for having a tazer!

Yes it's on the books still, just like the 7rd mag restriction. I understand that.

 

[Cooolone]

Point is, a State will conveniently pick n choose low hanging fruit to satisfy it's Political agenda... Nothing "Self Serving" there of course, because the State is acting on your best interest, safety that is... And State courts are complicit! If not using Judicial activism to support and promote the same agenda. See "NY"

The more and more you see the quagmire of bullshit, the more you realize there is no relief, no ability to redress greviances, no correction to the Government over reach. They have and take all liberties, and we just have to go along, play nicely, or else!

So... Fuck it all... Just do what you do! Live freely and stop worrying about what "might" happen until it happens, but be comforted in the fact that you'll be the one who survived, remained "safe"... As in "Life", "Liberty" and "Pursuing" happiness!!! Because if we keep waiting for "permission", it will never come!

 

[BDinPutnam]

Yes it's on the books still, just like the 7rd mag restriction. I understand that.

This.

Any DA dumb enough to charge you isnt smart enough to remain DA very long.

 

[Shadow2]

Not sure if you can even order a tazer I find them a bit pricey to bother finding out.

 

[SomeSoldier]

 

[Mr. terzmo]

why all the interest in California Gun legislation when NY bends US over backwards. Where in the Country does a State have a City so special that permit holders in that State cannot carry in that city. (and good luck getting written permission)

 

[Edwardteach72]

Serious issue. They said NY's tazer ban is not legal. But it's still on the books, and you'll still be arrested most likely if you're found with one.

Very close to zero effort put in by the state to address. They just simply ignore it. Don't care.

And if any officer makes that arrest it would get stopped so fast due to the department not wanting a lawsuit and that officer becoming a liability.

Just like unless NY files an appeal to SCOTUS about the 7 round limit, it is completely legal in the state to have up to 10 rounds loaded, Buffalo judge ruled so and the 2nd circuit court upheld that ruling (that the 7 round limit was arbitrary and unconstitutional, and yet the 10 round was kosher ) but the law was never rewritten and NY has never filed an appeal to SCOTUS

 

[Saltwater60]

In theory. But in practice it's still on the books as a crime, it's still virtually impossible to buy one in this state, and I'm sure given it's on the books (and little appetite to change) you could still be arrested for having one. Try arguing with a cop that "I know it's against NY law, but scotus this or that last year, so..."

"Sir, I've heard this before. Turn around and put your hands behind your back."

"But the SCOTUS said!"

"Alright, boys, taze this sumbitch!"

And then you get tazed for having a tazer!

I’m sure you are 100% right on how that would go.
The next step for me at least would be hiring a lawyer and getting paid because my civil rights were violated. You can’t be arrested and held for a legal act. This may be a grey area since you’re right it’s still on the books in NYS. I’m not going to be the first guy to try this but that’s the problem right? No one will be the first.

 

[Edwardteach72]

I’m sure you are 100% right on how that would go.
The next step for me at least would be hiring a lawyer and getting paid because my civil rights were violated. You can’t be arrested and held for a legal act. This may be a grey area since you’re right it’s still on the books in NYS. I’m not going to be the first guy to try this but that’s the problem right? No one will be the first.

Doesn't matter if its still on the books, if anything that's more reason that an officer wont arrest or even more so a DA won't prosecute.. they'd become a liability and pay day

 

[Blimey]

I’m sure you are 100% right on how that would go.
The next step for me at least would be hiring a lawyer and getting paid because my civil rights were violated. You can’t be arrested and held for a legal act. This may be a grey area since you’re right it’s still on the books in NYS. I’m not going to be the first guy to try this but that’s the problem right? No one will be the first.

You absolutely can be arrested for a legal act. it happens all the time, and in fact SCOTUS has already blessed it, based on the fact that police don't know all the laws they are enforcing, so if they mistakenly arrest you, too bad, sorry. Who knows how long until (assuming if) a DA comes in and says oops our bad, you're free to go.

Course now you also have to answer "yes" to the question "have you ever been arrested", and then subsequently explain why.

Doesn't matter if its still on the books, if anything that's more reason that an officer wont arrest or even more so a DA won't prosecute.. they'd become a liability and pay day

Hasn't somebody already been arrested for having more than 7 rounds in NY since the NY court ruled it's a nonsense law?

 

[byron]

A friend of mines daughter was arrested a couple weeks ago for having a taser they told the cop it was legal and the DA but he would not drop the charges they went to court the judge took one look at it and threw it out and told the DA it was legal and a few other choice words for wasting his time and the dumb DA and the cop just said they never herd that. I'm calling bullshit on that. this happen in Yates county.

 

[Edwardteach72]

A friend of mines daughter was arrested a couple weeks ago for having a taser they told the cop it was legal and the DA but he would not drop the charges they went to court the judge took one look at it and threw it out and told the DA it was legal and a few other choice words for wasting his time and the dumb DA and the cop just said they never herd that. I'm calling bullshit on that. this happen in Yates county.

I'd tell them to file complaint for wrongful arrest

 

[spat]

You absolutely can be arrested for a legal act. it happens all the time, and in fact SCOTUS has already blessed it, based on the fact that police don't know all the laws they are enforcing, so if they mistakenly arrest you, too bad, sorry. Who knows how long until (assuming if) a DA comes in and says oops our bad, you're free to go.

Course now you also have to answer "yes" to the question "have you ever been arrested", and then subsequently explain why.
Hasn't somebody already been arrested for having more than 7 rounds in NY since the NY court ruled it's a nonsense law?

It always pisses me off that they "can't possibly know all the laws" but we are expected to follow all of them.

If "ignorance is no excuse" for violating the law, why is it an excuse for enforcing it ?

It's not possible to know all the laws, that's true (and disgusting). But it's a lot easier to know all the laws that you are actively enforcing than it is to know all the ones you might inadvertently violate.

 

[Edwardteach72]

It always passes me off that they "can't possibly know all the laws" but we are expected to follow all of them.

If "ignorance is no excuse" for violating the law, why is it an excuse for enforcing it ?

It's not possible to know all the laws, that's true (and disgusting). But it's a lot easier to know all the laws that you are actively enforcing than it is to know all the ones you might inadvertently violate.

I remember years and years ago. I was going to the permit office, had to do an amendment, like always I was carrying (Glock 19) it was shortly after the Buffalo judge ruling on the 10 rounds allowed.

Well walked in told the guys at the metal detector "hey I'm carrying and need you to lock this up" long story short after they freaked out they finally realized oh we have a safe ok we will lock it up.

They did a receipt of custody paperwork but to be through they put down
1 Glock 19 serial #
1 Magazin for Glock 19
Then counted out .... 11 rounds wrote it down (10 in the mag 1 in the chamber)..

So I sign the paperwork and go do what I needed to, as I was heading out to leave I see standing there.. the Undersheriff.. I had a feeling he was waiting for me. He was holding all 11 rounds and asked me hey so do you know the law, I told him yea 10 rounds, he said no its 7,

I think oh shit I'm about to get arrested.. so I responded no a federal judge in Buffalo just ruled that the 7 round was unconstitutional and it's back to 10 rounds..

Undersheriff said I never heard any of that, so I'll cut you a break and just load 7 in the mag infront of me to make sure you are following the law..

Got to my car put the other 3 right in.

 

[Blimey]

It always passes me off that they "can't possibly know all the laws" but we are expected to follow all of them.

If "ignorance is no excuse" for violating the law, why is it an excuse for enforcing it ?

It's not possible to know all the laws, that's true (and disgusting). But it's a lot easier to know all the laws that you are actively enforcing than it is to know all the ones you might inadvertently violate.

Totally agree. And in fact “ignorance is no excuse” is a load of shit. If I don’t know a law how can I know I’m ignorant of it? Ignorance of a law is a damn good excuse actually, logically.

Moreover not any single person in this country ever has or will know every law pertaining to their behavior and whether they are in compliance. The most obsessed judge can’t so how can lay people?

 

[Blimey]

A friend of mines daughter was arrested a couple weeks ago for having a taser they told the cop it was legal and the DA but he would not drop the charges they went to court the judge took one look at it and threw it out and told the DA it was legal and a few other choice words for wasting his time and the dumb DA and the cop just said they never herd that. I'm calling bullshit on that. this happen in Yates county.

And for the DA’s ignorance it cost him no money, no stress, a slight embarrassment. And cost this lady an absolute mountain of totally unnecessary stress because da and cop enforce nonsense (I’m guessing).

 

[Edwardteach72]

Totally agree. And in fact “ignorance is no excuse” is a load of shit. If I don’t know a law how can I know I’m ignorant of it? Ignorance of a law is a damn good excuse actually, logically.

Moreover not any single person in this country ever has or will know every law pertaining to their behavior and whether they are in compliance. The most obsessed judge can’t so how can lay people?

I think what he meant is that "ignorance of the law" is not actually a legal defense

 

[spat]

I think what he meant is that "ignorance of the law" is not actually a legal defense

Well, apparently that only applies to us serfs. The lords of government are afforded more leeway.

 

[Edwardteach72]

Well, apparently that only applies to us serfs. The lords of government are afforded more leeway.

Well yea of course.. just like most gun laws

 

[spat]

Totally agree. And in fact “ignorance is no excuse” is a load of shit. If I don’t know a law how can I know I’m ignorant of it? Ignorance of a law is a damn good excuse actually, logically.

Moreover not any single person in this country ever has or will know every law pertaining to their behavior and whether they are in compliance. The most obsessed judge can’t so how can lay people?

In principle you can't allow ignorance to be an excuse or everyone could just claim "really, i didn't know that was illegal".

In practice, when your legal system is so complicated that ignorance is universal, you aren't actually looking for people to follow the law, you actually want them to break it so that you can punish them.

 

[Blimey]

I think what he meant is that "ignorance of the law" is not actually a legal defense

It’s not but it should be in the case of esoteric laws applied to a person who could not reasonably have known it. Such laws shouldn’t exist in the first place.

 

[FrankenCub]

I remember years and years ago. I was going to the permit office, had to do an amendment, like always I was carrying (Glock 19) it was shortly after the Buffalo judge ruling on the 10 rounds allowed.

Well walked in told the guys at the metal detector "hey I'm carrying and need you to lock this up" long story short after they freaked out they finally realized oh we have a safe ok we will lock it up.

They did a receipt of custody paperwork but to be through they put down
1 Glock 19 serial #
1 Magazin for Glock 19
Then counted out .... 11 rounds wrote it down (10 in the mag 1 in the chamber)..

So I sign the paperwork and go do what I needed to, as I was heading out to leave I see standing there.. the Undersheriff.. I had a feeling he was waiting for me. He was holding all 11 rounds and asked me hey so do you know the law, I told him yea 10 rounds, he said no its 7,

I think oh shit I'm about to get arrested.. so I responded no a federal judge in Buffalo just ruled that the 7 round was unconstitutional and it's back to 10 rounds..

Undersheriff said I never heard any of that, so I'll cut you a break and just load 7 in the mag infront of me to make sure you are following the law..

Got to my car put the other 3 right in.

Undersheriff being a dick maybe? If the NYSP new about it, I'm sure the information was passed along the LE lines. They even revised their handbook to reflect the change.