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

S

SuffolkArms

.40 S&W
Messages
155
Reaction score
68
Location
NY
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.
Click to expand...

https://nypost.com/2019/03/08/charg...king-staffer-who-tried-to-3-d-print-prop-gun/
 
C3D

C3D

.338 Win Mag
Messages
5,166
Reaction score
9,472
Location
Behind Enemy Lines
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

eris

.45 acp
Messages
395
Reaction score
442
Location
Houston, Texas
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

repete

.338 Win Mag
Messages
6,135
Reaction score
9,257
Location
Rochester NY
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!
 
You must log in or register to reply here.
Top