Criminal possession indictment...

[Airborneguy]

Some of you may remember me saying months ago that criminal possession of a weapon in NY can and will be charged in cases where the weapon was initially possessed legally but was used in an illegal manner, changing possession to criminal. No shot I can find that thread, but I’m sure some remember.

Anyway, here is an example from NJ, so apparently their state law is the same (I’d venture that all 50 are). This is a cop indicted for shooting at a fleeing suspect. I don’t know the merits of the case, so that’s not my point here. What is is that an on-duty cop, clearly in possession of his firearm legally, has been indicted for possessing that same firearm after using it in a manner that the DA determined was inconsistent with UoF regulations.

Wild video shows indicted Newark cop repeatedly jump from cop car to fire at fleeing vehicle, killing driver

 

[BDinPutnam]

I heard that story on the radio this morning and thought of that thread as well.

 

[GOPerfect]

Interesting charges.

 

[spat]

Some of you may remember me saying months ago that criminal possession of a weapon in NY can and will be charged in cases where the weapon was initially possessed legally but was used in an illegal manner, changing possession to criminal. No shot I can find that thread, but I’m sure some remember.

Anyway, here is an example from NJ, so apparently their state law is the same (I’d venture that all 50 are). This is a cop indicted for shooting at a fleeing suspect. I don’t know the merits of the case, so that’s not my point here. What is is that an on-duty cop, clearly in possession of his firearm legally, has been indicted for possessing that same firearm after using it in a manner that the DA determined was inconsistent with UoF regulations.

Wild video shows indicted Newark cop repeatedly jump from cop car to fire at fleeing vehicle, killing driver

I am not, in general, in favor of "sentence enhancers" . An action is either criminal or not. It shouldn't get "more criminal" when combined with otherwise legal activity.

This seems as wrong to me as someone arrested for (only) resisting arrest.

 

[C3D]

AFAIK a licensed pistol can never be charged for CPW in NY, even if used unlawfully. Is there any case law to the contrary?

 

[Airborneguy]

I charged a licensed pistol holder with CPW a few weeks ago. He was charged CPW only for the one weapon which he menaced his wife with. I posted about it here in the thread that started this discussion (the one I said I can’t find). That’s exactly what brought this on, people saying that’s not legal.

It is.

 

[Marine Cpl]

I charged a licensed pistol holder with CPW a few weeks ago. He was charged CPW only for the one weapon which he menaced his wife with. I posted about it here in the thread that started this discussion (the one I said I can’t find). That’s exactly what brought this on, people saying that’s not legal.

It is.

Let us know how that case goes because he should have they charged with criminal use of a firearm.

 

[Airborneguy]

I’ll update you.