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Average Joe jacked up on gun charges

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  • Average Joe jacked up on gun charges

    Apparently this guy is either ignorant of the gun laws or dumb enough to consent to a search (or both). The reporting is terrible as it doesn't specify why he was at the school (waiting to start a job, dropping his kid off, etc) but either way it sucks to be him right now.

    https://www.whec.com/news/webster-po...27670/?cat=565

    Beer is like porn, you can buy it but it's more fun to make your own

    I have to bend over too far

    I get a boner.

    bareback every couple of days, GTG. Bareback, brokeback, same $hit!

    I joined a support group to help me deal with my social anxiety but I just can't seem to work up the nerve to go to a meeting......

  • #2
    Absolutely disgusting ..
    of course, many people do not have knowledge of firearms laws, esp if they moved here from a Free STATE

    BTW -
    It is Not a Crime to be a "Suspicious Person"
    there is nothing to ID yourself for, and nothing for the Lawman to "investigate"
    “The function of the law is not to provide justice or to preserve freedom. The function of the law is to keep those who hold power in power.” – Gerry Spence

    Comment


    • #3
      Originally posted by Norm DeGuerre View Post
      BTW -
      It is Not a Crime to be a "Suspicious Person"
      there is nothing to ID yourself for, and nothing for the Lawman to "investigate"
      Hence absolutely NO reason to consent to any type of search. Apparently he wasn't carrying, the pistols were secured in his vehicle.

      Note to self: Never talk to the cops, never consent to a search.
      Beer is like porn, you can buy it but it's more fun to make your own

      I have to bend over too far

      I get a boner.

      bareback every couple of days, GTG. Bareback, brokeback, same $hit!

      I joined a support group to help me deal with my social anxiety but I just can't seem to work up the nerve to go to a meeting......

      Comment


      • #4
        I recommend that everyone read this quick synopsis..unfortunately, even the most mundane conversation can be twisted to get the desired result, i.e. Arrest
        just look at Simeon Mokhiber--
        they claimed DWI just to have a basis to arrest him to search his "vehicle"

        https://fiskelaw.org/2013/03/05/stre...ur-and-beyond/

        BTW I do not agree with the gentlemans postulation regarding Arrest, but he is an Atty and must toe the party line
        Last edited by Norm DeGuerre; 10-30-2018, 03:57 PM.
        “The function of the law is not to provide justice or to preserve freedom. The function of the law is to keep those who hold power in power.” – Gerry Spence

        Comment


        • #5
          Originally posted by thughes View Post
          Apparently he wasn't carrying, the pistols were secured in his vehicle.
          Any chance this gets tossed in a New Yorkistan court? Secured in the vehicle seems like a very reasonable attempt to comply. Give it a couple years and this is going to be a bigger concern for me.

          Muscarello vs. US doesn't seem to help this guy's case any. No idea if there's any way to legally challenge this charge based on an obvious lack of criminal intent.

          NRA Life Member
          NRA Basic Rifle Instructor
          www.unconvictedfelon.com
          www.facebook.com/blackcoyotesrt

          I was thinking of his cannon.

          Comment


          • #6
            Originally posted by WARFAB View Post

            Any chance this gets tossed in a New Yorkistan court? Secured in the vehicle seems like a very reasonable attempt to comply. Give it a couple years and this is going to be a bigger concern for me.

            Muscarello vs. US doesn't seem to help this guy's case any. No idea if there's any way to legally challenge this charge based on an obvious lack of criminal intent.
            Plea to a reduced charge? Maybe a misdemeanor? He is going to lose his ability to own firearms regardless. It sucks but he should have been aware of the law.....he broke it and now must face the consequences. As "law abiding gun owners" it is our responsibility to know and abide by the relevant statutes.
            Beer is like porn, you can buy it but it's more fun to make your own

            I have to bend over too far

            I get a boner.

            bareback every couple of days, GTG. Bareback, brokeback, same $hit!

            I joined a support group to help me deal with my social anxiety but I just can't seem to work up the nerve to go to a meeting......

            Comment


            • #7
              Originally posted by thughes View Post
              As "law abiding gun owners" it is our responsibility to know and abide by the relevant statutes.
              Interesting. I thought our responsibility was more about not getting caught breaking any statutes.

              NRA Life Member
              NRA Basic Rifle Instructor
              www.unconvictedfelon.com
              www.facebook.com/blackcoyotesrt

              I was thinking of his cannon.

              Comment


              • #8
                Originally posted by WARFAB View Post

                Interesting. I thought our responsibility was more about not getting caught breaking any statutes.
                the question might be ..
                are You liable as a Party to some "Statute" that has no "Injured Party"

                Consult BPS for more on this
                as I am soooooo tired of trying to educate people, sorry
                “The function of the law is not to provide justice or to preserve freedom. The function of the law is to keep those who hold power in power.” – Gerry Spence

                Comment


                • WARFAB
                  WARFAB commented
                  Editing a comment
                  My comment was more tongue in cheek. I'm aware of how English common law considered criminal intent, and how far away from our legal roots we've drifted. How to actually present a legitimate legal defense for such a case is another matter entirely. The fact that it is 'another matter entirely' is another sore subject, but I suppose it's almost always been that way.

                • Norm DeGuerre
                  Norm DeGuerre commented
                  Editing a comment
                  not directed at You personally, willie
                  it's just that people in general have not a whit of common sense
                  this guy for apparently "co-operating"
                  and the over zealous ***** that called 9-11

                  and

                  I want BPS to participate now that he has more time!
                  Last edited by Norm DeGuerre; 10-31-2018, 10:02 AM.

              • #9
                I know that you should never read the comments (or fully trust them), but I saw someone mention that they were in plain sight (maybe sitting on a seat?). Regardless, he's an idiot and now paying the price. Do I agree with the law? Hell no, especially since he didn't even have them on him.
                Old enough to know better, still too young to care

                Comment


                • #10
                  damn unconstitutional laws! but in this day in age, school grounds are generally no joke when it comes to people reporting suspicious activity.
                  i'm on k-12 grounds quite often. people are really quick to call in suspicious people, and it's often ridiculous. This guy was sitting in his truck. i've had many of staff that were badged, with clipboards doing work coordinated with the school, and security was called on them. the problem comes when the police are involved prematurely though.

                  Comment


                  • #11
                    Originally posted by big flash View Post
                    damn unconstitutional laws! but in this day in age, school grounds are generally no joke when it comes to people reporting suspicious activity.
                    i'm on k-12 grounds quite often. people are really quick to call in suspicious people, and it's often ridiculous. This guy was sitting in his truck. i've had many of staff that were badged, with clipboards doing work coordinated with the school, and security was called on them. the problem comes when the police are involved prematurely though.
                    Definite breach of etiquette to go straight to the police. Report it to the office, first. They have a better idea of what's going on in the school than the cops do. Granted, the RSO was the first to respond, so that may not have changed anything. Regardless, people are waaaaaaay too damn jumpy.
                    Old enough to know better, still too young to care

                    Comment

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