Cattaraugus, Genesee, and Seneca Counties Join SAFE Act Capacity Limit Non-Enforcement Zone

[Dr. Evil]

http://www.2awny.com/2019/01/cattar...FzOnhQIM_FDO20T6I_P73mHKmMt1jqsNwQQIAf0hZ4ngw

 

[Acer-m14]

all fine and dandy with the local DA's but if u get nabbed by a FUAC Commando then what ??

but from that .. .. what about 20 rounders or 30 ..

any one watch the MEG movie .. 4000 , 8000 meter dive for rescue .. 11000 .. its just a number .. Shark just needs one Bite ..

 

[Bigfoot]

I thought that the question of the 7 round capacity limit was settled. Particulary in Western New York. (Western District)

Do I have the following correct? ---
Judge Skretny ruled that the 7 round capacity limit is unconstitutional in December of 2013.
Then, the 2nd Circuit Court of Appeals in October of 2015 upheld the lower court ruling
that was issued by Chief U.S. District Judge Skretny ... ( But, the law was never struck from the penal code regardless. )

I think that I am on target with the text above, but correct me if I am wrong.




Is this a case of FUAC and the other jerk offs ignoring the ruling of not only a Chief US District Judge,
but also the 2nd Circuit Court of Appeals?

How is this even a frickin issue at this point? It has been a little over 3 years since the 2nd Circuit upheld Judge Skretny's ruling that this part of Cuomo's NY UNSAFE Act is unconstitutional...

WTF is going on?

 

[Bigfoot]

Straying of topic a little bit...

Looking at this map, it infuriates me that not only was Cuomo's NY UNSAFE Act not repealed.
Like that's not bad enough, there are even more unconstitutional gun control laws coming up, on top of what
was already done to us law abiding gun owners... Cuomo's NY UNSAFE Act 2, if you will.




I know that dirt, trees, farm fields and cows don't vote... But still, a little under half of the population in NYS lives in that area.
Do their voices not matter? .. Do they not get effective representation? .. Do they not have constitutional rights?

This state is a prime example of why state gubernatorial elections should use the electoral college voting system.
Fuck the city-states and their traitorous anti American voters and their corrupt politicians.

Andy (America was never that great) Cuomo, can go straight to hell as far as I'm concerned.

 

[SomeSoldier]

How about a pac to not enforce the safe act or any other law that goes against the constitution. FUAC!

 

[Bigfoot]

How about a pac to not enforce the safe act or any other law that goes against the constitution. FUAC!

 

[holdover]

By virtue of being a law, the safe act has no bearing on the criminals possession purchase or sale of such weapons. It's being used to justify the disarment of the public .its a facade paraded around as justice.

 

[Robin]

So in these counties, if the state arrests you for having too many rounds in your magazine and the district attorney refuses to prosecute, it seems to me the state would use that as a pretext to come and relieve you of all your guns.
Don't give me any crap about unconstitutionality of it, or no laws to back them up, because as we have seen and are seeing, from the SAFE act itself to these new unconstitutional proposals, they, the FUAC regime, doesn't give a crap. Clearly all this is meant for the furtherance of total disarmament of We the People. Crooks don't care one whit about any of this garbage.
We need a mutual aid network.
Robin

 

[Mr. terzmo]

the furher and channel 7 in Buffalo stated over 60% of the people support the crap act...so it must be so

 

[Rocpo]

all fine and dandy with the local DA's but if u get nabbed by a FUAC Commando then what ??

but from that .. .. what about 20 rounders or 30 ..

any one watch the MEG movie .. 4000 , 8000 meter dive for rescue .. 11000 .. its just a number .. Shark just needs one Bite ..

The Troopers can still arrest for it. But the DA will DP (Decline Prosecution) it. Basically, the DA's in those counties are utilizing their prosecutorial discretion.

 

[Blimey]

Surprised Wayne isn't on there. I think a person would be fine in Wayne county as well.

 

[Podmonkey]

These counties need to really reach and find there balls, no enforcement of any part of unSAFE! Can a Sherrif kick a Trooper out of his jurisdiction?
Man I'd love to see the red counties just full on rebel against Il Duce douchebag.

 

[Marine Cpl]

This comes up every few days and every few days the same misinformation comes up.

Forget about Skretney and Western NY. The 2nd Circuit Appeals Court of the United States which is one step below the Supreme Court ruled it Unconstitution. That ruling applied to NY and CT. You know just like the 9th Circuit that blocks Trump. Their decision is final unless the Supreme Court overturns it.

The Skretney decision is old news and irrelevant and no matter what a District Attorney says, they cannot convict you against a Federal Appeals Court ruling.

All that talk from DA's is just grandstanding to make you think they are on your side. They are not and will quickly prosecute you for a 20 round magazine. A DA saying that they refuse to prosecute for a 10 round magazine is like a DA saying that they refuse to prosecute a private business for not baking a cake for a gay man . They say it because they can't. All smoke and mirrors and everyone falls for it.

 

[Bigfoot]

Is the 7 round limit still in the penal code? .. if it is, why is that?

The 2nd Circuit Court ruled that part of the law unconstitutional a little over 3 years ago.




EDIT -- Here it is, I found it.

New York Penal Law Section 265.37 - Unlawful Possession of Certain Ammunition Feeding Devices - 2016 - NewYork.Public.Law

So this part of the law was ruled unconstitutional in October of 2015.
But it appears to still be in the penal code and is still being enforced regardless of the courts ruling.
Why even have courts if the politicians and LE is just going to ignore the judges rulings.

Seriously, WTF is up with that?

 

[repete]

I read that link and this really surprised the hell out of me. “Monroe County District Attorney Sandra Doorley has publicly stated that she has not, and has no plans to prosecute the seven-round magazine limit in Monroe County. Here at the Monroe County District Attorney’s Office, we are not in the habit of prosecuting legal gun owners!” – Monroe County District Attorney Community Relations Coordinator Calli Marianetti (1.11.19)

 

[E the massive]

This comes up every few days and every few days the same misinformation comes up.

Forget about Skretney and Western NY. The 2nd Circuit Appeals Court of the United States which is one step below the Supreme Court ruled it Unconstitution. That ruling applied to NY and CT. You know just like the 9th Circuit that blocks Trump. Their decision is final unless the Supreme Court overturns it.

The Skretney decision is old news and irrelevant and no matter what a District Attorney says, they cannot convict you against a Federal Appeals Court ruling.

All that talk from DA's is just grandstanding to make you think they are on your side. They are not and will quickly prosecute you for a 20 round magazine. A DA saying that they refuse to prosecute for a 10 round magazine is like a DA saying that they refuse to prosecute a private business for not baking a cake for a gay man . They say it because they can't. All smoke and mirrors and everyone falls for it.

So if arrested for over 7, one can sew?

 

[Marine Cpl]

So if arrested for over 7, one can sew?

I'm no expert but a wrongful arrest is wrongful arrest if that was your only charge.

 

[Robin]

So if arrested for over 7, one can sew?

Yes you can sew you ass shut as a bubba stopper, cuz the law is still on the books and enforcement is still a viable route to any cop that wants to jerk you around, for whatever reason.
Robin

 

[E the massive]

I'm no expert but a wrongful arrest is wrongful arrest if that was your only charge.

Has the NYAG or the USAG been formally informed that LEO in NY are being ordered to violate a higher courts ruling, or is it just people bitching about it?

 

[E the massive]

Yes you can sew you ass shut as a bubba stopper, cuz the law is still on the books and enforcement is still a viable route to any cop that wants to jerk you around, for whatever reason.
Robin

Pfff, bubba bleeds too.

 

[Marine Cpl]

Has the NYAG or the USAG been formally informed that LEO in NY are being ordered to violate a higher courts ruling, or is it just people bitching about it?

I don't know. I just know what the 2nd circuit appeals court of the United States says. Why they haven't changed it on the penal law it's only a guess. My guess is they just don't want to change it. They have changed it before when they found out that nobody makes seven-round magazines for all guns to allow you to buy 10-round magazine and they changed it after they found out that they forgot to exempt police officers. They aren't changing it now because they don't want you to load more than seven.

 

[byron]

An unconstitutional act is not law
When the proper court determines that a legislative act (a law) conflicts with the constitution, it finds that law unconstitutional and declares it void in whole or in part.

 

[Robin]

Tell that to the judge your lawyer won't, but if per chance you do utter those fateful words. He will tell you that we are here to determine the guilt or innocence of one who has been accused of breaking a law, then quote the law, then advise you of the appeal process, where indeed you may challenge the law itself on constitutional grounds. Then that process begins, process that precious few have the financial means to see through to the end.
Robin

 

[byron]

Tell that to the judge your lawyer won't, but if per chance you do utter those fateful words. He will tell you that we are here to determine the guilt or innocence of one who has been accused of breaking a law, then quote the law, then advise you of the appeal process, where indeed you may challenge the law itself on constitutional grounds. Then that process begins, process that precious few have the financial means to see through to the end.
Robin

would love to have them do it to me it could be big pay day for me

The general rule is that an unconstitutional statute, though having the form and the name of law, is in reality no law, but is wholly void and ineffective for any purpose since unconstitutionality dates from the time of its enactment and not merely from the date of the decision so branding it; an unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed ... An unconstitutional law is void. (16 Am. Jur. 2d, Sec. 178)

it would be a false arrest and a violation of constitutional rightsl

 

[Robin]

That would be determined after the case went through the appeals process and the law was determined to unconstitutional. Then you're off to civil court where have to prove the officer had intent beyond the enforcement of a law that was enacted by due process, faulty as it may have been, and put on the books.
Good luck with that. By then you will be dead broke and you will have to find a lawyer that will only get payed if you win your case, which has no legal merit, good luck with that one too.
Robin

 

[Marine Cpl]

That would be determined after the case went through the appeals process and the law was determined to unconstitutional. Then you're off to civil court where have to prove the officer had intent beyond the enforcement of a law that was enacted by due process, faulty as it may have been, and put on the books.
Good luck with that. By then you will be dead broke and you will have to find a lawyer that will only get payed if you win your case, which has no legal merit, good luck with that one too.
Robin

It would actually be determined at the Grand Jury trial to see if a crime was actually committed. Once the 2nd circuit's decision is submitted to the jury it would be up to them to ignore it and then proceed with going through with charges on it. I find that unlikely.

In the event that it does go through any competent lawyer for public defender or even yourself can present the evidence of the 2nd circuit's decision to the judge at the regular trial. They would have to ignore that too which is extremely unlikely.

Even @Truebeliever says so.

 

[byron]

That would be determined after the case went through the appeals process and the law was determined to unconstitutional. Then you're off to civil court where have to prove the officer had intent beyond the enforcement of a law that was enacted by due process, faulty as it may have been, and put on the books.
Good luck with that. By then you will be dead broke and you will have to find a lawyer that will only get payed if you win your case, which has no legal merit, good luck with that one too.
Robin

Its allready been threw the courts and found unconstitutional

 

[Robin]

Everything doesn't go through a grand jury.
What would be fun, if money was no object, is to sue all those that voted aye in state assembly, the senate and governor who signed it for knowingly passing an unconstitutional law thereby causing you great anguish and loss of fortune. They'd have to hire a steno pool just to type up the subpoena's! what a shit show that would be!!!
Robin

 

[Marine Cpl]

When I served grand jury in Orange County New York, every criminal trial came through us first.

We actually threw out one case where a guy was charged with criminal possession of a weapon and menacing for having a hand saw in his hand when responding officers approached him in his driveway or garage. I can't really remember what the cops were called for them to go to his house since it was years ago but I do remember that we threw out the case. The ADA used a dictionary definition to define a knife and say that the hand saw was a knife.

 

[Chuck D]

When confornted by a Reveneur all bets are off.

They had multiple opportunities to voice their opposition publically but making 130k serving as Cuomo's Secret Police and writing V&T on expressways and the Thruway means more than upholding their oath.