army veteran charged with 5 felonies for possessing AR15 magazines

[SandEagle]

http://www.wwnytv.com/news/local/LeRay-Man-Faces-Weapons-Possessions-Charges-185853881.html
http://www.watertowndailytimes.com/article/20130107/NEWS07/701079944
http://www.myabc50.com/news/local/story/Weapons-charges-for-Leray-man/eyrD_bIV30uzRotMfc7NNQ.cspx

Deputies made the arrest shortly before 7:30 p.m. Sunday on Steinhilber Road in the town of LeRay, where Mr. Haddad is accused of possessing five 30-round AR-15 magazines of ammunition. He is cited under a state penal law statute that prohibits possession of “a large capacity ammunition feeding device.” The ammunition was found in his vehicle during a traffic stop, according to the sheriff’s office.

anyone aware of this law? first i've heard of it. and this story is really nowhere to be found...

 

[soundforbjt]

State law? Local Law?

 

[SaurusX]

Sounds like NY.

 

[sigurros81]

Where the fuck is LeRay?

 

[soundforbjt]

New York state law apparently:

He is cited under a state penal law statute that prohibits possession of “a large capacity ammunition feeding device.”

 

[Jaskalas]

Does this sound like something that the State should ruin a man over?

I abhorrently object to what they're doing.

 

[Phanuel]

Welcome to California, I mean New York, I mean Connecticut (I think)...

 

[GoPackGo]

Reading the articles....this is the dumbest thing the police could have done. Here is a guy who served his country and is now being treated like a terrorist. Oh by the way...the magazines were empty and there was no gun in the vehicle.

 

[Kadarin]

In CA, it's illegal and a felony to possess these unless you owned them prior to the CA assault weapon ban (i.e. if you legally purchased them in the '90s).

 

[OutHouse]

NYS Penal Law § 265.02(6) makes it a class D felony to possess "a large capacity ammunition feeding device," which is defined in Penal Law § 265.00(23) as "a magazine, belt, drum, feed strip, or similar device, manufactured after [September 13, 1994], that has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition." Possession of unmarked "large capacity" magazines made after the sunset of the federal ban thus subject New Yorkers to felony charges. Police and prosecutors may be able to determine actual manufacture dates of seized magazines from information not generally available to consumers, such as the dates of magazine design changes and parts assembly numbers. The New York ban thus leaves possessors of unmarked post-ban magazines at risk of felony charges since they may not know the magazines were manufactured post-sunset and not pre-ban. However, the prosecution must be able to prove that the subject in possession of the magazine had knowledge that it was in fact a post-ban magazine.


http://en.wikipedia.org/wiki/Federal_Assault_Weapons_Ban#Assault_weapons_ban_in_New_York_politics

what bullshit. i am so glad i live in the west and have more freedom than you poor saps in NY. nobody I know who has a AK or AR has a 10 round mag. not since the stupid ban was lifted have i seen anybody on the range with anything but a 30 round mag.

 

[soundforbjt]

Reading the articles....this is the dumbest thing the police could have done. Here is a guy who served his country and is now being treated like a terrorist. Oh by the way...the magazines were empty and there was no gun in the vehicle.

Why'd he have them in the car?

 

[Don Vito Corleone]

Setting aside the merits of this law (which are certainly debatable), I don't see how this guy's military background has any bearing whatsoever. Veterans (of whom I am one) are not immune to the law or subject to a different set of standards than anyone else.

 

[WackyDan]

Does this sound like something that the State should ruin a man over?

I abhorrently object to what they're doing.

Yes... But it is perfectly fine for David Gregory to break essentially the same law in the D.C. City limits. See how that works?

 

[Don Vito Corleone]

Yes... But it is perfectly fine for David Gregory to break essentially the same law in the D.C. City limits. See how that works?

You mean Mr. Haddad didn't own the magazines, and instead just picked them up for the camera for a moment while talking on national television about gun laws? If so then I agree, these were essentially the same offense.

 

[GoPackGo]

Why'd he have them in the car?

One of the sites hints that he may have been selling them. But there were no bullets in them...

What none of the articles say is why was he stopped? Why did they search the vehicle?

 

[randomrogue]

Weird story. Not enough information. He was pulled over for something and searched. They don't just do that on a regular basis. Then he had empty magazines in his car. I could see them bringing him in for questioning. Charging him with 5 felonies though is pretty strong. He must have really pissed them off.

 

[Leymenaide]

Where the fuck is LeRay?

This are is North east of Lake Ontario. Dairy county at best. Bitter cold winters and lots of snow. I have been through LeRay many times. There is nothing there. I used to hunt grouse and rabbit in this area.

 

[Puddle Jumper]

This is what happens when the government goes full retard.

 

[Leymenaide]

Folks a legal defence fund is up at:
http://www.gofundme.com/1tkukc#description

 

[monovillage]

Setting aside the merits of this law (which are certainly debatable), I don't see how this guy's military background has any bearing whatsoever. Veterans (of whom I am one) are not immune to the law or subject to a different set of standards than anyone else.

Yes only police officers, retired police officers, some city, some county and some state politicians and/or security or wealthy and/or politically connected people are allowed to have them in New York.

 

[Leymenaide]

Yes only police officers, retired police officers, some city, some county and some state politicians and/or security or wealthy and/or politically connected people are allowed to have them in New York.

Them that gots the gold makes the rules

 

[velillen]

Folks a legal defence fund is up at:
http://www.gofundme.com/1tkukc#description

Man when I break the law I hope people will fund my defence too!

I don't get how this is even worth reporting. He had five hi cap mags which are illegal. What else there is to care about? He broke the law and got caught

 

[Theb]

I was sympathy-less at first because I think you need to pay close attention to the gun laws in your area if you're going to have guns, but empty magazines and no rifle seems like an excellent opportunity for some discretion from law enforcement.

 

[Doppel]

What would a vet know about handing a firearm?

Stupid law is stupid.

Agree, though, that a vet should have no more protection than anybody else for this. The law is stupid with or without its application to a vet.

 

[rudder]

I was sympathy-less at first because I think you need to pay close attention to the gun laws in your area if you're going to have guns, but empty magazines and no rifle seems like an excellent opportunity for some discretion from law enforcement.

Aside from the law being unconstitutional..seems like a waste of court resources. This guy does not have the funds to take this all the way to the Supreme Court so he is screwed.