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  • #1

    SAFE Act Arrests

    Wait a minute here.....

    https://buffalonews.com/2018/11/09/4...act-violation/


    Police pulled the vehicle over at about 10:20 p.m. after the driver, identified as Dorrell Foster, 27, failed to stop at a stop sign at Olympic and Alma avenues. In addition to a handgun, two full 10-round magazines – the possession of which became illegal under the SAFE Act – were found in a backpack in the rear passenger seat, according to the report. The SAFE Act makes it illegal for magazines to be loaded with more than seven rounds of ammunition, with exceptions for gun ranges or shooting competitions.
    Last edited by WARFAB; 11-11-2018, 10:24 PM.
    https://psynq.com/

    Praying things get better.
    Tags: None
  • #2
    Ummm.... WTF!
    She wants to be your belly gun

    Comment

    • #3
      Originally posted by gtnorry View Post
      Ummm.... WTF!
      Yup. There's a lot of that going on.
      https://psynq.com/

      Praying things get better.

      Comment

      • #4
        I thought we could have 10 rounds now?
        www.AvidArms.com I'm STIHL out of conditioner!!
        Finally joined the ranks of broke homeowner
        Am I short stroking or going to fast?

        I know he has a bush

        Comment

        • #5
          ..
          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

          • #6
            Well I suppose the article's statement that the unSAFE act makes it illegal to load more than seven rounds is true in and of itself. However what's not mentioned is Skretny deemed the provision unconstitutional which was later Upheld by the US Court of Appeals, second circuit. FUAC never changed the law to comply with these decisions so the provisions within unSAFE have been suspended. Still going to be expensive to defend despite charges having no merit which I suppose is the way the emperor wants it. FUAC.
            • 1 like

            Comment

            • Norm DeGuerre
              #6.1
              Norm DeGuerre commented
              11-12-2018, 08:08 AM
              Editing a comment
              exactly ..!
              just like Simeon Mokhiber
          • #7
            Did Skretny say loading up to ten rounds is legal, or did he just say a ten round magazine capacity is legal?

            I was a little worried that I was the only one who was confused about this. I originally saw this article because Larry Sharpe posted it on Facebook. Based on the number of Facebook comments citing the Skretny ruling, it appears most people have been operating under the impression 10 rounds was legal. Can the charges still stick? I know ignorance of the law is no excuse, but when a law becomes so convoluted nobody actually knows what's legal and what isn't......

            This state sucks.
            https://psynq.com/

            Praying things get better.

            Comment

            • #8
              Originally posted by WARFAB View Post
              Did Skretny say loading up to ten rounds is legal, or did he just say a ten round magazine capacity is legal?

              I was a little worried that I was the only one who was confused about this. I originally saw this article because Larry Sharpe posted it on Facebook. Based on the number of Facebook comments citing the Skretny ruling, it appears most people have been operating under the impression 10 rounds was legal. Can the charges still stick? I know ignorance of the law is no excuse, but when a law becomes so convoluted nobody actually knows what's legal and what isn't......

              This state sucks.
              I'm pretty sure it was ruled that 7 round magazines were a no-go because they don't exist, so you can have 10's, but only loaded to 7. BUT, I believe that is technically only valid in the Western district. I don't believe it every made it through the whole state.
              Old enough to know better, still too young to care

              Comment

              • #9
                Originally posted by WARFAB View Post
                I know ignorance of the law is no excuse, but when a law becomes so convoluted nobody actually knows what's legal and what isn't......
                BTDT, bought the tee-shirt.

                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......
                • 1 like

                Comment

                • #10
                  USCOA decision regarding Skretny...

                  AFFIRM that judgment insofar as it upheld the prohibition of semiautomatic assault weapons and large-capacity magazines and invalidated the load limit.
                  ]

                  https://caselaw.findlaw.com/us-2nd-circuit/1716013.html

                  NY PL265.00.
                  23. "Large capacity ammunition feeding device" means a magazine, belt, drum, feed strip, or similar device, that (a) has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition, or * (b) contains more than seven rounds of ammunition, or (c) is obtained after the effective date of the chapter of the laws of two thousand thirteen which amended this subdivision and has a capacity of, or that can be readily restored or converted to accept, more than seven rounds of ammunition * NB Suspended and NOT Effective per ch 1/2013 S 58, as amended by ch 57 ; provided, however, that such term does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition or a feeding device that is a curio or relic. A feeding device that is a curio or relic is defined as a device that (i) was manufactured at least fifty years prior to the current date, (ii) is only capable of being used exclusively in a firearm, rifle, or shotgun that was manufactured at least fifty years prior to the current date, but not including replicas thereof, (iii) is possessed by an individual who is not prohibited by state or federal law from possessing a firearm and (iv) is registered with the division of state police pursuant to subdivision sixteen-a of section 400.00 of this chapter, except such feeding devices transferred into the state may be registered at any time, provided they are registered within thirty days of their transfer into the state. Notwithstanding paragraph (h) of subdivision twenty-two of this section, such feeding devices may be transferred provided that such transfer shall be subject to the provisions of section 400.03 of this chapter including the check required to be conducted pursuant to such section.

                  Comment

                  • #11
                    Originally posted by camper4lyfe View Post

                    I'm pretty sure it was ruled that 7 round magazines were a no-go because they don't exist, so you can have 10's, but only loaded to 7. BUT, I believe that is technically only valid in the Western district. I don't believe it every made it through the whole state.
                    No, Skretny invalidated the seven round load limit and the US Court of Appeals, Second Circuit affirmed the Skretny decision the ruling applies Statewide.
                    • 1 like

                    Comment

                    • #12
                      Originally posted by Cgrutt View Post
                      No, Skretny invalidated the seven round load limit and the US Court of Appeals, Second Circuit affirmed the Skretny decision the ruling applies Statewide.
                      Soooo...... dafuq?

                      https://psynq.com/

                      Praying things get better.

                      Comment

                      • #13
                        good job there, willie ..
                        Case cites are always important

                        as the Opinion came from the Second Circuit, it encompasses all of New York, and part of Connecticut

                        cops are free to make any Allegations that they wish, even if it's crap, and can lead to Arrest
                        I do not have a solution for this problem

                        soooo ..
                        Yes, the Charge will be vacated at some point, but after you spend tons of money and time

                        there is nothing that you may gain, as the PD has "Qualified Immunity"
                        and the Court always finds that it was "Harmless Error" due to poor training

                        everyone skates, except the Defendant
                        sic semper boogaloo

                        Comment

                        • #14
                          FWIW, a Buffalo native informed me that the area where the arrest took place is very sketchy and the subject of the article likely may be a bad actor....if so, the SAFE charge is probably just an add-on to jam him up further and keep him off the streets longer. Regardless, the charge still shows blatant ignorance by LE and DA in Buffalo.
                          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

                          • #15
                            Originally posted by thughes View Post
                            subject of the article likely may be a bad actor....i
                            I can post the Defendants criminal history, but that is not really the point
                            yep, he's prolly a crook
                            but it doesn't mean you should get jammed up in a way that makes you liable to defend illicit charges
                            sic semper boogaloo
                            • 1 like

                            Comment

                            • thughes
                              #15.1
                              thughes commented
                              11-12-2018, 12:53 PM
                              Editing a comment
                              Hence my caveat: "Regardless, the charge still shows blatant ignorance by LE and DA in Buffalo. "
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