Crimes involving firearms made out of NYS become federal cases

[lrick]

Thought this story was worthy of discussion. Anyone know more about the tactic being used here? Parameters, limitations and definitions?

News10NBC Investigates: Another gun arrest using a tactic that keeps the suspect in custody

Gun Arrests

www.whec.com

We have another example of a new tactic by RPD and the ATF that keeps some people arrested with an illegal gun in custody. The practice is so new no one from law enforcement will talk about it on camera.

But that’s okay because News10NBC got all the information we need from a federal courtroom today.

The key is the gun. RPD makes an arrest involving a suspected illegal gun. They call ATF which runs a background check on the gun using the make, model and serial number.

If the weapon comes up as being manufactured outside New York it becomes a federal case and the suspect remains in jail.

 

[spat]

Thought this story was worthy of discussion. Anyone know more about the tactic being used here? Parameters, limitations and definitions?

News10NBC Investigates: Another gun arrest using a tactic that keeps the suspect in custody

Gun Arrests

www.whec.com

We have another example of a new tactic by RPD and the ATF that keeps some people arrested with an illegal gun in custody. The practice is so new no one from law enforcement will talk about it on camera.

But that’s okay because News10NBC got all the information we need from a federal courtroom today.

The key is the gun. RPD makes an arrest involving a suspected illegal gun. They call ATF which runs a background check on the gun using the make, model and serial number.

If the weapon comes up as being manufactured outside New York it becomes a federal case and the suspect remains in jail.

That just seems Iike a bad idea.

What's the federal charge ?

If it was brought into NY legally, how can they make it a federal crime no matter what was done with it ?

And since almost all guns were not manufactured in NY, this seems like seriously overstepping.

What's next, the guy was made in NY, but the ammo came from out of state ? The gun was made with steel from PA, so it's a federal crime now ?

 

[lrick]

I wish I had answers. Hoping some more knowledgeable folks can shed some light. According to the article, cops aren't even talking.

So with the new carry law, if I carry into any public space that doesn't specifically have a sign posted permitting it, does it become a federal trespass case (is there even an equivalent federal statute?) because my pistol was manufactured in the Czech Republic? Sounds very bizarre to me, but more and more, bizarre seems to be exactly what they are going for.

 

[Vantrepes]

If they are a prohibited person, it's a Federal felony for them to have a gun. Same with having a gun, and drugs. They did this years ago under Project Exile, where they actually prosecuted the Federal case instead of just dropping the charges.
Could be a new logically twisted way to prosecute, or just misunderstanding on the reporters part.

 

[dsdmmat]

If they are a prohibited person, it's a Federal felony for them to have a gun. Same with having a gun, and drugs. They did this years ago under Project Exile, where they actually prosecuted the Federal case instead of just dropping the charges.
Could be a new logically twisted way to prosecute, or just misunderstanding on the reporters part.

Except there is no federal crime for guns being manufactured in one state and being used in another. However on the second part of the sentence I think you could be right. Reporters are generally stupid when it comes to guns so it stands to reason the reporter got it wrong. It may be the gun was illegally brought into NY (which happens all the time), since the PRNY made handguns illegal unless it is registered to a license holder or in possession of a dealer or a person of privilege.

 

[fresch]

"or a person of privilege"
Don't start that thread AGAIN!

 

[GTN]

Maybe it has something to do with the no bail policy in NY. If the feds charge them a NY judge can’t set them free

 

[pshift]

They keep referring to the guns as being 'illegal'. Does it mean that they are not up to the NY SAFE Standards, thereby making them illegal because of the 15 round mag, threaded barrell, pistol grip, etc?

This is nothing more than piling on charges, in addition to the other charges being faced by these individuals.

 

[OwnTheRide]

Except there is no federal crime for guns being manufactured in one state and being used in another. However on the second part of the sentence I think you could be right. Reporters are generally stupid when it comes to guns so it stands to reason the reporter got it wrong. It may be the gun was illegally brought into NY (which happens all the time, since the PRNY made handguns illegal unless it is registered to a license holder or in possession of a dealer or a person of privilege.

IANAL, but it sounds to me like the feds are (once again) abusing the Commerce Clause to give themselves jurisdiction. The crime isn't related to the gun being manufactured in one state and used in another, that fact only used to grant jurisdiction.

 

[lrick]

Maybe it has something to do with the no bail policy in NY. If the feds charge them a NY judge can’t set them free

There's an easier solution to that...just eliminate this no bail policy.

Lib logic prevents the people in this state from seeing the lunacy created by their stupid policies that create a problem that now requires calling in federal powers to correct....? Whatever original crime was charged should be reason enough to keep them in jail. I have to wonder if that hasn't been the intended end result all along - just ceding more power from the states to the central gov - and of course you'll see it happen with blue states first because they are all on board.

People keep bitching about the death of Democracy and how they don't last more than 200 years...BS, this is the rise of Democracy and the death the Constitutional Republic. And this is what it looks like when the inmates run the asylum.

 

[repete]

"ATF ran background on the gun RPD seized and it came back as “manufactured outside the State of New York.” Therefore the gun traveled in “interstate commerce.” That makes it a federal case."

But our attorney general witch can write letters and threaten company's for selling legal products and that's not a crime?

 

[lrick]

"ATF ran background on the gun RPD seized and it came back as “manufactured outside the State of New York.” Therefore the gun traveled in “interstate commerce.” That makes it a federal case."

But our attorney general witch can write letters and threaten company's for selling legal products and that's not a crime?

Do foreign-made vehicles (or any other instrument) used to commit crimes also qualify for the same federal involvement?


And for that matter does any person not made in NYS qualify as being involved in interstate commerce...after all we are all fictions in our person-hoods as far as USA, Inc. is concerned - we are not sovereigns, we are human resources, products.

I mean how far do you take this nonsense?

 

[fresch]

To the bitter end of Idiocracy.

 

[lrick]

To the bitter end of Idiocracy.

What does Brawndo mix best with...vodka? Jack? Imma get drunk.

Frito (Dax Shepard's character) reminds me of Hunter Biden.

 

[Uninformed and Compliant]

"ATF ran background on the gun RPD seized and it came back as “manufactured outside the State of New York.” Therefore the gun traveled in “interstate commerce.” That makes it a federal case."

That means if a gun IS manufactured in New York, it is also a federal case. By making it in NY, they caused a surplus of guns in the other states and that makes it a matter of Interstate Commerce. True story. Additionally, that gun could eventually be sold across state lines some day, so that also makes it a matter of Interstate Commerce, today.

Turns out, the texture of the shit you poop in the morning is a matter of interstate commerce, regulation, and taxation / permitting, cuz toilet paper.

 

[Acer-m14]

so there is a gun registry ..

 

[lrick]

so there is a gun registry ..

I would assume a manufacturers registry, yes.



An owners registry uh...yes, probably

 

[FRANKIE]

So if your a prohibited person
Use an old Remington then it’s all good.

 

[Cavalry]

Turns out, the texture of the shit you poop in the morning is a matter of interstate commerce, regulation, and taxation / permitting, cuz toilet paper.

Depends on the brand lol

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[Grimscale]

I would assume a manufacturers registry, yes.



An owners registry uh...yes, probably

It's no secret where guns are manufactured.
Smith & Wesson were in Springfield, Massachusetts, but were going to move to Tennessee.
Ruger has multiple manufacturing locations: "with production facilities also in Newport, New Hampshire; Mayodan, North Carolina; and Prescott, Arizona."

All New York is doing is twisting things to get around their own failed policies when they feel it is expedient to do so.

Just more malicious prosecution if they happen to REALLY hate what someone has done.

So... go on a rape and murder spree and you'll be back out on the street that day.
Come to NY with a legal gun and you'll spend years in jail trying to fight them.