Pure (un)Safe act arrest

[Criticalt]

Actually I have found that neck tats are a pretty reliable indicator of individuals who make poor life decisions.

The few people I know who have neck tatoos are successful, family guys.
One is an Army Ranger with 2 decades of service and numerous medals.
Another was a Navy Lieutenant with 30 years in and 5 successful kids.
Two more are local tattoo artists who just ran out of room, both good guys.
I get that there are alot of inner city punks and thugs who have neck tattoos but most of the time their tattoo placement is the 3rd or 4th thing that I notice about their character and life choices.
I personally do not have any tattoos but I understand that they are very important to alot of people.
For many people, the importance isnt just the content of the tattoo but also the placement.

 

[Magnus]

If the guy wasn’t in his room, why did security enter his room? What was he going to do to the dog?!

 

[GOPerfect]

http://www.gsblaw.com/duff-on-hospitality-law/guest-room-privacy-and-the-fourth-

 

[nortatoga]

It may have been the 20rd mag not the rifle? Read (8) or combination of both?



A person is guilty of criminal possession of a weapon in the third degree when:

(1) Such person commits the crime of criminal possession of a weapon in the fourth degree as defined in subdivision one, two , three or five of section 265.01 , and has been previously convicted of any crime;  or

(2) Such person possesses any explosive or incendiary bomb, bombshell, firearm silencer, machine-gun or any other firearm or weapon simulating a machine-gun and which is adaptable for such use;  or

(3) Such person knowingly possesses a machine-gun, firearm, rifle or shotgun which has been defaced for the purpose of concealment or prevention of the detection of a crime or misrepresenting the identity of such machine-gun, firearm, rifle or shotgun;  or

(4) Repealed by L.2006, c. 742, § 1, eff. Nov. 1, 2006 .

(5) (i) Such person possesses three or more firearms;  or (ii) such person possesses a firearm and has been previously convicted of a felony or a class A misdemeanor defined in this chapter within the five years immediately preceding the commission of the offense and such possession did not take place in the person's home or place of business;  or

(6) Such person knowingly possesses any disguised gun;  or

(7) Such person possesses an assault weapon;  or

(8) Such person possesses a large capacity ammunition feeding device.  For purposes of this subdivision, a large capacity ammunition feeding device shall not include an ammunition feeding device lawfully possessed by such person before the effective date of the chapter of the laws of two thousand thirteen which amended this subdivision, that has a capacity of, or that can be readily restored or converted to accept more than seven but less than eleven rounds of ammunition, or that was manufactured before September thirteenth, nineteen hundred ninety-four, that has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition;  or

(9) Such person possesses an unloaded firearm and also commits a drug trafficking felony as defined in subdivision twenty-one of section 10.00 of this chapter as part of the same criminal transaction;  or

(10) Such person possesses an unloaded firearm and also commits any violent felony offense as defined in subdivision one of section 70.02 of this chapter as part of the same criminal transaction.

Criminal possession of a weapon in the third degree is a class D felony.

 

[dwa12479]

I was adding more detail to my post when you commented ... the lower fails the test with 2 banned features, the upper is irrelevant. You can only buy NY compliant or stripped lowers in NY.

100% false. An assembled lower by itself has no action, therefore can never fit the "semi-automatic" condition required by unSAFE to be illegal. An upper by itself is not a firearm, only parts, so it also can never qualify as illegal under SAFE.

 

[GOPerfect]

100% false. An assembled lower by itself has no action, therefore can never fit the "semi-automatic" condition required by unSAFE to be illegal. An upper by itself is not a firearm, only parts, so it also can never qualify as illegal under SAFE.

Yeah, that is what I have been saying for two days.

The gun parts are just that, parts. Any decent lawyer should know that.

 

[C3D]

According to the unSafe law, in order for a rifle to be an assault weapon, its got to be a semi automatic rifle with certain cosmetic features. A lower receiver, assembled or not, does not meet the criteria of assault weapon as defined. Similarly, an upper receiver is not an assault weapon. The law makes no mention of parts that if assembled could make an assault weapon. The rifle has to be assembled and have the specific cosmetic features to meet the definition of assault weapon.

Gonna have to disagree with you and the other posters who say an unassembled lower is not a firearm. It’s at odds with the current laws on analogous topics and as to AWs not at all clear you get a different result, so there is a tremendous amount of risk in taking the view espoused.

There is existing case law in NY about the meaning of a “readily operable” weapon which is a requirement for a CPW charge for naked possession. Short answer is that parts that can be assembled without modification and contained together are enough for the charge to stick; a missing part critical to function invalidates the charge. Example: pistol, slide and barrel unassembled have been enough for a CPW conviction. Pistol minus firing pin is not.

It is not a stretch that a configuration of parts that make a complete rifle disassembled will be viewed as the finished product. That’s also the long established doctrine in Federal law in regards to “constructive possession” in the NFA context — possession of a lower and upper receiver, LPK, bolt and firing pin and only a 12” barrel is enough for conviction on an SBR charge. Even if you don’t have a stock or a gas tube.

You may get a different result in NY courts on the specifics of assaults weapon configuration, but given the way the judges view firearms issues I’d be suprised if that happens.

The extension of that is if you have a compliant AR-15 and no evil registered pre-ban AR, don’t own a threaded barrel or collapsible stock.

 

[Airborneguy]

An inoperable firearm can carry the charge, especially if it was being used as one. I've charged people for CPW for committing robberies with fake guns.

 

[C3D]

An inoperable firearm can carry the charge, especially if it was being used as one. I've charged people for CPW for committing robberies with fake guns.

I assume under 265.01(2) — in which case you are correct of course, but the defendant also needs to have intent to use unlawfully. Versus the other “naked” possession charges.

 

[kev74]

The lower is a firearm, but it doesn't fit the specific definition of "assault weapon". Maybe some prosecutor and judge will bastardize the definition and twist it to fit their agenda, but according to the text of the unSafe law, a lower receiver isn't an assault weapon.

 

[Airborneguy]

I assume under 265.01(2) — in which case you are correct of course, but the defendant also needs to have intent to use unlawfully. Versus the other “naked” possession charges.

That’s my point: just clarifying that a broken/imitation/toy “gun” can be charged as CPW under certain circumstances.

 

[GOPerfect]

I guess we will fully know until we see the actual charges. There was a guy here in Erie County that beat his charges for the simple reason the gun was not together. Granted, half of his AR was in the trunk of the car and the upper was in the backseat.

Time will tell. Courts are different all throughout the State.

 

[Airborneguy]

There may also be more to the story.

Someone mentioned warrants and search precedent earlier. Unfortunately none of that would apply here either way. Since security is not cops, them entering the room is a civil matter. Once they find the "evidence", they are free to turn it over to the cops. There's no "fruit of the poisonous tree" when a third party finds the evidence, only if the cops did it illegally or "nudged" the third party to do it for them.

 

[Robin]

The actual SAFE Act itself is fruit of the poisonous tree.
Robin

 

[tony]

Why bring AR to a casino? Why not put it between the mattresses, in the closet, where ever? Get it out of sight. This sounds like a FUAC plant so he can have more fuel for his anti-gun camp fire. This guy is probably a "FUAC cousin" and will quietly get out of any charges. Just what we need right?

 

[SteyrAug]

This reminds me of last year when the "usual suspects" here were defending the renta-cop who was caught with the illegal magazines.

Rather doubt anyone here contributed to his defense. Story is the same here. This guy is going down and you can spend countless keystroke picking the fly-shit out of the pepper and that won't change a thing.

He was in possession of everything necessary to kill dozens of people, that boys is called intent. Anyone want to bet serious money he walks ?

 

[Dinkus the Stinkus]

This reminds me of last year when the "usual suspects" here were defending the renta-cop who was caught with the illegal magazines.

Rather doubt anyone here contributed to his defense. Story is the same here. This guy is going down and you can spend countless keystroke picking the fly-shit out of the pepper and that won't change a thing.

He was in possession of everything necessary to kill dozens of people, that boys is called intent. Anyone want to bet serious money he walks ?

I didn't read the story but did he have ammo? Didn't see that mentioned by anyone yet. If so it's certainly screams of intent. However if said ammo was just out in his car slightly different imo.

Either way it sucks for all of us to have to jump through these stupid hoops. We are law abiding citizens and we shouldn't be punished like this for just exercising our rights.

 

[96coal449]

Maybe Aug works for NYS? Kinda makes sense ..... he sems to like Cumo.

 

[tony]

Aug, what's the deal? Everyone seems to be on your ass... You been bad???

I must have been taking a nap.

 

[Shadow2]

correct, i did forget about the semi auto portion and conceded that the semiautomatic upper will be a factor here. What he is and isn't charge for and what he is found guilty of will be very interesting here.


Does anyone know what happend with the confiscated gun in Lancaster with the ARMR2? That should be resolved by now.

100% false. An assembled lower by itself has no action, therefore can never fit the "semi-automatic" condition required by unSAFE to be illegal. An upper by itself is not a firearm, only parts, so it also can never qualify as illegal under SAFE.

 

[Airborneguy]

The actual SAFE Act itself is fruit of the poisonous tree.
Robin

Just speaking on laws. Don’t twist the assholes again with my comments please.

 

[GOPerfect]

This reminds me of last year when the "usual suspects" here were defending the renta-cop who was caught with the illegal magazines.

Rather doubt anyone here contributed to his defense. Story is the same here. This guy is going down and you can spend countless keystroke picking the fly-shit out of the pepper and that won't change a thing.

He was in possession of everything necessary to kill dozens of people, that boys is called intent. Anyone want to bet serious money he walks ?

Nearly everywhere I go, I have an AR with me, complete with filled magazines. Absolutely no intent. Where do you come with this crap.

You wouldn't know intent if it smacked you in the mouth!

 

[Shadow2]

Stockholm syndrome, hes been captive so long he relates to his captors.

Nearly everywhere I go, I have an AR with me, complete with filled magazines. Absolutely no intent. Where do you come with this crap.

You wouldn't know intent if it smacked you in the mouth!

 

[GOPerfect]

Stockholm syndrome, hes been captive so long he relates to his captors.

He is defiantly touched by the Libtard bug.

 

[Marine Cpl]

He's not the only one that thinks like that here. I guess I have intent when I stop at South Carolina at my hotel with my AR Carbine on the way to Florida when I drive. What am I thinking? I should have just used an FFL!

 

[dwa12479]

This reminds me of last year when the "usual suspects" here were defending the renta-cop who was caught with the illegal magazines.

Rather doubt anyone here contributed to his defense. Story is the same here. This guy is going down and you can spend countless keystroke picking the fly-shit out of the pepper and that won't change a thing.

He was in possession of everything necessary to kill dozens of people, that boys is called intent. Anyone want to bet serious money he walks ?

What kind of ridiculous drivel is this? I have a handgun and 24 rounds of ammo on me at all times. I'm in possession of everything necessary to kill dozens of people EVERYWHERE I GO. SO FUCKING WHAT? That's not intent you freaking twat waffle. Go find a Wyoming forum to make an ass out of yourself.

 

[96coal449]

freaking twat waffle

 

[GOPerfect]

I'm in possession of everything necessary to kill dozens of people

Only if you are a good shot and it is not loaded with 45ACP!

 

[Marine Cpl]

Only if you are a good shot and it is not loaded with 45ACP!

Incorrect. The .45 ACP won wars. You are uninformed sir.

 

[Robin]

Just speaking on laws. Don’t twist the assholes again with my comments please.

Just stating the facts. I have no idea what twisting and what assholes your referring to and don't consider ' fruit of the poisonous tree' a proprietary comment owned by anyone, my comment is in its own context.
Robin