Fort Edward Man Faces SAFE Charges

[WARFAB]

Hoping more details come out. Will this lead to a court case that further clarifies the law- or even ends up anulling it?

http://wnyt.com/news/safe-act-fort-e...522/?cat=10114

[Meketrefe]

This is so disturbing at so many levels.
I am not sure but he seems like a family guy w/o any criminal history that did something in self protection and probably to protect others.
Now who knows, maybe based on a totally arbitrary criteria this guy has his life ruined. They treat better those gang members, rapists and drug dealers.
It seems we have officially entered the dark ages of Nazi Germany in 1939 where decent people were arrested based on random accusations and w/o anyone knowing much why.

But what is even more disturbing is not to find second amendment organizations and supporters gathering in front of the county jail demanding explanations and possibly his immediate release.

Lets be honest, we see real thugs and criminals protesting when one of their own thugs is caught during a crime or a warrant and on top attacking the police.
Then if someone is hurt they display their outrage based on alleged 1A color discrimination that allow people to even commit other crimes and get along with it.

Where are the 2A defenders and supporters? Where are the rallies? Where is the outrage?

This is why average honest citizens are not free anymore. We are officially living under a tyranny disguised as a democracy.

I mean, seriously guys, wtf?

[WARFAB]

Interesting that this was the town police making the arrest, not the NYSP. Any guesses on whether or not the dog owner is going to face charges? If not, it only adds to the utter absurdity of this case.

I don't go on the other forum. No idea if this is getting much attention there, but starting a gofundme for this guy might not be a bad idea to start. This could end up being a big case for NYS.

[Meketrefe]

This could end up being a big case for NYS.

Isn't this why we should see the NRA, GOA, NYRPA, SCOPE and/or others taking the initiative?
I would expect something a lot more aggressive than arm-chair activism, or perhaps we are too complacent and nobody really cares about our liberty and community?

[WARFAB]

In their defense, it's still pretty early for the national groups to be involved in this. Not in their defense, they aren't terribly involved in helping New York State.

[24Pink14Stink]

I call shenanigans. If they care, they show up. Or at least start talking

[Meketrefe]

waiting for what exactly? NYSRPA and SCOPE should be on top of it already.

[WARFAB]

Not waiting, but it takes some time to get things moving.... if they have any intention of doing something. The crew at AR15.com is aware of the situation.

The guy has three kids and nobody has said anything about a prior record. Turned himself in to the police. Apparently this is who Cuomo believes is a dangerous criminal.

[thughes]

2 words: jury nullification

[Norm DeGuerre]

2 words: jury nullification

Juries scare the crap outta me-
most empaneled Jurors have a room temperature I.Q.
the Judge will charge the Jury with simply finding did the defendant violate the Strict Liability Statute known as the SAFECrap
As this is a S.L., Statute, there is no Scienter needed for conviction
and so, little for the Jury to decide other than were all the Elements of the Statute satisfied

[SomeSoldier]

Juries scare the crap outta me-
most empaneled Jurors have a room temperature I.Q.
the Judge will charge the Jury with simply finding did the defendant violate the Strict Liability Statute known as the SAFECrap
As this is a S.L., Statute, there is no Scienter needed for conviction
and so, little for the Jury to decide other than were all the Elements of the Statute satisfied

It only takes one jury member to know about Jury Nullification.

[Norm DeGuerre]

80% of Juries are elderly people my age that just don't have a clue...about anything
the other 20% are people that could not come up with a good enough excuse
the other thing I would mention is that people are angry, very angry
they can not pay their bills, no raise in sight, social security pays for nothing
they want payback-- if they can 'push the button", and fry the "bad guy" they will do it every time

[Norm DeGuerre]

For instance :

CRIMINAL POSSESSION OF A WEAPON
THIRD DEGREE
(D Felony)
(Possession of Twenty [20]
or More Firearms)
PENAL LAW 265.02(5)(i)
(Committed on or after Aug. 12, 1980)
The count is Criminal Possession of a Weapon in the
Third Degree.
Under our law, a person is guilty of Criminal Possession of
a Weapon in the Third Degree when that person knowingly1
possesses twenty (20) or more firearms.
Some of the terms used in this definition have their own
special meaning in our law. I will now give you the meaning of the
following terms: "firearm," "possess" and "knowingly."
A FIREARM means any pistol or revolver.2
POSSESS means to have physical possession or otherwise
to exercise dominion or control over tangible property.3
A person KNOWINGLY possesses 20 or more firearms
when that person is aware that he or she is in possession of 20
2
or more firearms.4
Under this count, the firearms need not be loaded, but they
must be operable. To be operable, a firearm must be capable of
discharging ammunition.5
In order for you to find the defendant guilty of this crime, the
People are required to prove, from all the evidence in the case,
beyond a reasonable doubt, each of the following three elements:
1. That on or about (date) , in the county of (county) , the
defendant, (defendant's name) possessed twenty (20) or
more firearms;
2. That the defendant did so knowingly; and
3. That twenty (20) or more of such firearms were
operable.
Therefore, if you find that the People have proven beyond
a reasonable doubt each of those elements, you must find the
defendant guilty of the crime of Criminal Possession of a Weapon
in the Third Degree as charged in the count.
On the other hand, if you find that the People have not
proven beyond a reasonable doubt any one or more of those
elements, you must find the defendant not guilty of the crime of
Criminal Possession of a Weapon in the Third Degree as charged

[Meketrefe]

For instance :

CRIMINAL POSSESSION OF A WEAPON
THIRD DEGREE
(D Felony)
(Possession of Twenty [20]
or More Firearms)
PENAL LAW 265.02(5)(i)
(Committed on or after Aug. 12, 1980)
The count is Criminal Possession of a Weapon in the
Third Degree.
Under our law, a person is guilty of Criminal Possession of
a Weapon in the Third Degree when that person knowingly1
possesses twenty (20) or more firearms.
Some of the terms used in this definition have their own
special meaning in our law. I will now give you the meaning of the
following terms: "firearm," "possess" and "knowingly."
A FIREARM means any pistol or revolver.2
POSSESS means to have physical possession or otherwise
to exercise dominion or control over tangible property.3
A person KNOWINGLY possesses 20 or more firearms
when that person is aware that he or she is in possession of 20
2
or more firearms.4
Under this count, the firearms need not be loaded, but they
must be operable. To be operable, a firearm must be capable of
discharging ammunition.5
In order for you to find the defendant guilty of this crime, the
People are required to prove, from all the evidence in the case,
beyond a reasonable doubt, each of the following three elements:
1. That on or about (date) , in the county of (county) , the
defendant, (defendant's name) possessed twenty (20) or
more firearms;
2. That the defendant did so knowingly; and
3. That twenty (20) or more of such firearms were
operable.
Therefore, if you find that the People have proven beyond
a reasonable doubt each of those elements, you must find the
defendant guilty of the crime of Criminal Possession of a Weapon
in the Third Degree as charged in the count.
On the other hand, if you find that the People have not
proven beyond a reasonable doubt any one or more of those
elements, you must find the defendant not guilty of the crime of
Criminal Possession of a Weapon in the Third Degree as charged

What do you mean with 20 firearms? so collectors are now felons too?

[SomeSoldier]

What do you mean with 20 firearms? so collectors are now felons too?

Need to see the penal definition of firearm, its not what you think.

[WARFAB]

Didn't Norm include the definition above?

[WARFAB]

Awkward silence.