A SAFE Act arrest! Sure to keep the children and illegal immigrants in NYS safe!
- Thread starter carpediem
- Start date
GOYABEAN
.950 JDJ
String him up
from the bell tower
Carlos Hathcock
.450/400 Nitro Ex
And fireworks too!!! Holy fuck, the carnage this scourge of our community could've caused!! I think his plan was to duct taped that 30 round magazine to a bottle rocket and sparklers and created pure devastation!!
Marine Cpl
.577 Tyrannosaur.
I though.... Ah nevermind. Who am I kidding.
carpediem
.338 Win Mag
Oh yeah, they will enforce it.
Acer-m14
.950 JDJ
bet they let him out to re-appear ..its the NY way lol
Twogunwilly
6.5 Creedmoor
Damn criminals, I knew there was 1 30 round mag left in this state, awesome job Deputy Fife. 
E the massive
.308 Win
Hide your shit better homey.
minderasr
6.5 Creedmoor
It's a win win for FUAC. Now the guy is a felon AND a Democrat voter!
STS556
.223 Rem
Where is the gun this magazine belonged to? They found no gun so was he going to throw the empty magazine at people?
Does anyone commenting here understand how probation works?
Phazer
.338 Win Mag
I think everyone is commenting on the concept that an item that is completely legal to buy off-the-shelf in 40+ states should be legal everywhere (provided that the person making the purchase is not a "prohibited person.")
My point is two fold:
1) persons on probation agree to mandatory, warrantless, random searches of their residence, vehicles and person at any time.
2) they most certainly cannot possess firearms. More than likely the person is a convicted felon anyway.
The arresting officer would be called in by the probation officer to make the arrest. Regardless of their 2nd Amendment views, at that point, they are making the arrest or being suspended. Ideology aside, no one is getting suspended for a convicted felon.
1) persons on probation agree to mandatory, warrantless, random searches of their residence, vehicles and person at any time.
2) they most certainly cannot possess firearms. More than likely the person is a convicted felon anyway.
The arresting officer would be called in by the probation officer to make the arrest. Regardless of their 2nd Amendment views, at that point, they are making the arrest or being suspended. Ideology aside, no one is getting suspended for a convicted felon.
Bananabandit
.338 Win Mag
Guillotine his ass
Marine Cpl
.577 Tyrannosaur.
In any other free state, the possession of a box with a spring in it isn't considered a weapon even on probation.
MadScientist
.45 acp
And to think, if you drove a few hours east to to New Hampshire, both the 30 round mag and the fireworks are perfectly legal. What a time to be alive.
Don’t be so sure of that. He’d have been arrested regardless of capacity here for possessing a magazine. There’s conditions to porbation which the person agrees to before leaving jail. This isn’t a constitutional rights issue. If he doesn’t like it, he can stay in jail to finish his sentence.
Trauma47645
.357 mag
Revenuers Just doing Revenuer ahit
Sneezy
6.5 Creedmoor
You can't be in violation of an illegal law that violates our constitutional rights.
@thewheels
.308 Win
Why would he be arrested for a 10 round magazine?
usamerican
.38 Special
Maybe you are the one who doesn’t understand probation. Misdemeanor probationers are only forbidden if it’s in the terms of their probation. And they would be charged with violation of probation (go back to jail) not criminal weapons possession. His charge appears to be specific to the magazine (SAFE act) not felon in possession.
I’ve seen cases where misdemeanor probationers were given a choice whether they wanted an alcohol or a gun restriction so they could go hunting/shooting while under probation.
None of the reports indicate what his probation was for, which is important.
If it was a violent offense there would probably be a restriction; usually an order of protection too which is automatic restriction under New York and often federal law.
I understand probation quite well.
None of us know the terms of his probation. True, I may have went to far in saying he's likely a convicted felon, but we don't know either way in this case.
My point is this isn't really a Safe Act arrest. The search was initiated by his probation officer and most likely he has unfavorable terms which prohibit firearms ownership, at least for now.
None of us know the terms of his probation. True, I may have went to far in saying he's likely a convicted felon, but we don't know either way in this case.
My point is this isn't really a Safe Act arrest. The search was initiated by his probation officer and most likely he has unfavorable terms which prohibit firearms ownership, at least for now.
His probation.
usamerican
.38 Special
You go down that road and you’ll say it’s never a pure “SAFE act arrest” because there’s always something else going on that leads an officer to the guns.
We don’t know what his probation was for or its terms.
If he was allowed to have firearms then he was doing nothing wrong but for the SAFE act, except the fireworks.
If I get pulled over for speeding doing 10 over the limit and I have a (unloaded) BX-15 in my Ruger 10/22 in the back seat on the way to do some plinking and the cop sees it and charges me for my 15 round 22LR mag, is that not a pure SAFE Act arrest since I was speeding and guilty as charged?
It’s no different with this guy and a standard capacity mag if he didn’t have a gun restriction on his probation. If it weren’t for the SAFE act he wouldn’t be arrested and charged with a felony.
@thewheels
.308 Win
?? Probation prohibits magazines?
usamerican
.38 Special
I’m not a lawyer, but I don’t think the standard language in protective orders really does. Even ammunition isn’t specified although I expect it is routinely seized along with extra mags. Of course the judge could forbid you from collecting stamps or owning a parakeet under probation if he wanted, but it’s not standard.
In any event, the ONLY REASON he was arrested and charged with a felony was it was 30 rounds per the report. The fireworks charge is only a violation, not even a crime. It’s possible to violate probation off a violation but that’s kind of a dick move and doubtful he would go straight to jail for fireworks.
Not necessarily true. Depends on the term of Probation. Terms that the crim agrees to. Many places, depending on the convicted charge, states no firearms r firearm accessories allowed to be in possession.
These were not cops that made this charge, it was probation officers.
usamerican
.38 Special
usamerican exclusive:
Unless it's something else, his "unrelated" prior is a DWI.
He should take this to the US Supreme Court if need be to get this damn law overturned.
Unless it's something else, his "unrelated" prior is a DWI.
He should take this to the US Supreme Court if need be to get this damn law overturned.
You can't be in violation of an illegal law that violates our constitutional rights.
These people are in violation of rules and an understanding that they agreed to.