army veteran charged with 5 felonies for possessing AR15 magazines

[Doppel]

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.

There are groups that will do it on one's behalf, like the second amendment foundation, which has been winning a good number of lawsuits in recent years.

 

[Agent11]

But if he was waving it around on TV he should get a pass right???

 

[glenn1]

What next, is New York going to post troopers outside the main gate of Fort Drum and try to catch soldiers heading home that might have some empty magazines in their web gear? This isn't a block of C4 or frag grenade we're talking about; magazines aren't sensitive or controlled items and if you've been in the military it's the kind of thing you could have laying around without even realizing it. Heck, I've been out of the Army for 15 years and it would't shock me to find an old magazine or three packed away in a box somewhere. They'd probably be right next to some atropine injectors or something which actually could hurt someone, like say a dehydrated pork patty MRE.

 

[velillen]

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.

How is the law that was passed years ago suddenly unconstitutional? Ney York has had this limit and law for years. No sympathy for this guy at all. He broke a law that had been around for years.


Articles are from Jan 7th. the SAFE act wasnt even passed till the 13th (or 14th?) He broke existing law

 

[schneiderguy]

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).

Possession is legal in CA.

Selling, importing, and manufacturing is illegal.

 

[schneiderguy]

How is the law that was passed years ago suddenly unconstitutional? Ney York has had this limit and law for years. No sympathy for this guy at all. He broke a law that had been around for years.

It's only been two years since McDonald v. Chicago, and there haven't been any legal challenges against magazine capacities since then IIRC.

The head lawyer for Heller and McDonald (Alan Gura) is of the opinion that the new seven round limit is clearly unconstitutional. If that falls I imagine the 10 round limit will as well, since it's equally arbitrary.

 

[rudder]

How is the law that was passed years ago suddenly unconstitutional? Ney York has had this limit and law for years. No sympathy for this guy at all. He broke a law that had been around for years.


Articles are from Jan 7th. the SAFE act wasnt even passed till the 13th (or 14th?) He broke existing law

http://articles.cnn.com/2010-06-28/...ontrol-justices-john-paul-stevens?_s=PM:CRIME

Chicago's law was on the books for 28 years. It was unconstitutional as determined by SCOTUS. It stayed on the books so long because it is a very expensive fight to get it overturned. Same thing happened in D.C. Same thing with these magazines.

 

[velillen]

It's only been two years since McDonald v. Chicago, and there haven't been any legal challenges against magazine capacities since then IIRC.

The head lawyer for Heller and McDonald (Alan Gura) is of the opinion that the new seven round limit is clearly unconstitutional. If that falls I imagine the 10 round limit will as well, since it's equally arbitrary.

McDonald v. Chicago was only about actually owning a handgun i thought? i never remember hearing anything to do with magazine limits or the such from it....so did i miss something about it?

I still dont see how New Yorks 10 round is unconstitutional. It doesnt infringe on their right to own a firearm (which from my understanding is what McDonald v Chicago is primarily about) and is a states right to have a form of gun control stricter than the federal governments, hence why states can ban suppressors, SBR's, SBS's, collapsible stocks, bullet buttons ect. Sucks for people in NY but thats their own fight

Now the SAFE act, hell yes i think its unconstitutional but not cause it strictly calls out 7 round limits. Just how it was passed, no three days waiting period, no public input, ect.

Just trying to learn

 

[mect]

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

People care because it is an arbitrary law that can potentially screw up someone's life that didn't do anything that had any kind of negative impact on society. Its why we typically allow some discretion on the part of law enforcement and other authority figures, because strict enforcement of almost any law will lead to some bad situations. Its like the girl that got suspended from school for bringing a knife to cut the steak she brought for lunch. As has been pointed out, a big part of the problem is that this is just a stupid law.

 

[Brovane]

I wonder how they determine if a High Capacity magazines was possessed before the ban or after the ban. Magazines don't really have date stamps on them so there is really no way to tell. I wonder if it is more like you are guilty if found with high cap magazines unless you can prove that the magazines where possessed before the ban went into affect.

 

[rudder]

McDonald v. Chicago was only about actually owning a handgun i thought? i never remember hearing anything to do with magazine limits or the such from it....so did i miss something about it?

I still dont see how New Yorks 10 round is unconstitutional. It doesnt infringe on their right to own a firearm (which from my understanding is what McDonald v Chicago is primarily about) and is a states right to have a form of gun control stricter than the federal governments, hence why states can ban suppressors, SBR's, SBS's, collapsible stocks, bullet buttons ect. Sucks for people in NY but thats their own fight

Now the SAFE act, hell yes i think its unconstitutional but not cause it strictly calls out 7 round limits. Just how it was passed, no three days waiting period, no public input, ect.

Just trying to learn

That case started because someone was denied a handgun permit. Overall it was about the federal government having more say so than local governments in terms of the second amendment. There are numerous other SCOTUS cases along the same lines. I will try to find the case which the SCOTUS rules regular citizens have the right to own the same type of weapons (i.e, AR-15) as the military carries.

 

[ericlp]

well, if he got a felony than he won't be getting a gun license or even allowed to own a gun... Sad but true. Laws need a changing. Not just a gun but a job as well.

 

[sourn]

What next, is New York going to post troopers outside the main gate of Fort Drum and try to catch soldiers heading home that might have some empty magazines in their web gear? This isn't a block of C4 or frag grenade we're talking about; magazines aren't sensitive or controlled items and if you've been in the military it's the kind of thing you could have laying around without even realizing it. Heck, I've been out of the Army for 15 years and it would't shock me to find an old magazine or three packed away in a box somewhere. They'd probably be right next to some atropine injectors or something which actually could hurt someone, like say a dehydrated pork patty MRE.

LOL same. I'm sure if I dumped out my duffel bags I'd probably find 2-3, not to mention if I cleaned out the trunk of my car I'd probably find even more.

This is absolute bullshit, law or not doesn't make it right. But I guess if you want to break the law and get off scott free you just have to be a banker. Then you can do what ever the hell you want.

 

[schneiderguy]

McDonald v. Chicago was only about actually owning a handgun i thought? i never remember hearing anything to do with magazine limits or the such from it....so did i miss something about it?

I still dont see how New Yorks 10 round is unconstitutional. It doesnt infringe on their right to own a firearm (which from my understanding is what McDonald v Chicago is primarily about) and is a states right to have a form of gun control stricter than the federal governments, hence why states can ban suppressors, SBR's, SBS's, collapsible stocks, bullet buttons ect. Sucks for people in NY but thats their own fight

Now the SAFE act, hell yes i think its unconstitutional but not cause it strictly calls out 7 round limits. Just how it was passed, no three days waiting period, no public input, ect.

Just trying to learn

McDonald vs Chicago incorporated the 2nd Amendment against the states, which means that everything decided in Heller vs. DC now applies to New York State as well as the federal government. The case doesn't directly address magazine limits, but since firearms that use magazines aren't functional without them, it seems clear (to me at least) that the "common use" test applies to magazines as well as the firearms that use them.

 

[schneiderguy]

I will try to find the case which the SCOTUS rules regular citizens have the right to own the same type of weapons (i.e, AR-15) as the military carries.

http://en.wikipedia.org/wiki/United_States_v._Miller

 

[Agent11]

McDonald v Chicago was decided using the Due Process Clause, what we need is a decision on the Privileges or Immunities Clause as well and then we can start to really clean out these stupid laws... We just need to get cases sent up to the supreme court, then it's just a matter of time.

 

[Tom]

Its not fair to expect the police to decide what laws to enforce so I wouldn't blame them.

If a prosecutor or a judge look at the facts and give him a break that's more their pay grade kind of decision.

 

[blankslate]

Were the magazines loaded or no?. I have read the three linked stories and haven't seen a definitive answer. Unless there was a video on one of the sites that I couldn't access.

 

[IceBergSLiM]

i donated to his defense fund.

 

[dualsmp]

Fort Drum veteran honored at dinner with VIPs for taking care of wounded warrior

http://www.drum.army.mil/mountaineer/Article.aspx?ID=6283

 

[cwjerome]

Amazing that I was at Cabela's today thumbing through a barrel of 30 round AR mags as some poor sap is getting ramrodded by his local police state for having some. Sad.

 

[Imperious]

Interesting story, should spark some interesting debate eh?