Charges dropped against Lion King staffer who tried to 3-D print prop gun

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SuffolkArms

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Interesting, a recent case out of Manhattan where the prosecutor follows existing New York case law. An inoperable firearm can not be charged as Criminal Possession of a Weapon.

At the request of Manhattan prosecutors, a judge Thursday dropped the attempted firearm possession case against the “The Lion King” staffer accused of trying to 3-D print a gun.

Assistant DA Matthew Sears moved for the dismissal of charges against Ilya Vett, 47, after investigators determined that the gun, when completed, could not be made operable.
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https://nypost.com/2019/03/08/charg...king-staffer-who-tried-to-3-d-print-prop-gun/
 
C3D

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That is a long and well established principle in NY law. The gun must be operable to sustain a conviction for CPW. So a non-functioning gun is technically not illegal. Of course, a non-functioning gun can still lead to a menacing charge if you point it at someone, or an aggravated upgrade to a robbery charge, etc.

A real world implication: let’s say you live in NYC and want an AR-15 to shoot at your friends house in PA. Have the complete rifle, less the BCG, and leave the BCG at your friend’s house in PA.

You are technically legal and not violating any laws. Of course, you can be sure you will be charged if it is found, but you should prevail in court.
 
eris

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Oh good! I heard about this when it first happened: guy arrested for making a chunk of solid plastic that happened to look like a gun. Insane!
 
repete

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DA spokesman Danny Frost defended his office’s handling of the case, “New Yorkers who print 3D gun components should expect to be arrested, charged, and involved in a criminal case against them until a firearms investigation is complete.”


Now that bastard needs a swift kick in the ass all the back to law school!
 
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