SAFE Act Arrests

[Cgrutt]

Regardless, the charge still shows blatant ignorance by LE and DA in Buffalo.

And the media!

[WARFAB]

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

This^^

Didn't the guys have marijuana too? Doesn't that create a felony situation?

I'm assuming these guys were legit permit holders. Details are sketchy at this point so who knows, the story could be getting reported incorrectly. But if it's correct as it stands and CCWs are being required to know the law better than the LEOs.... that's a big steaming pile of Schiff.

[Cgrutt]

My guess is there would be no criminal possession of a weapon charge if there was a valid permit.

[WARFAB]

Isn't marijuana and firearm possession a no-no?

[Norm DeGuerre]

Regardless, the charge still shows blatant ignorance by LE and DA in Buffalo.

Nope ...
it's simply a "Policy" to OVER-CHARGE a person
and force a Plea Bargain due to legal costs
it goes on every freakin' day

[Cgrutt]

Not a lawyer but no mention of marijuana in statute. Possession of loaded firearm would seem to apply if not exempt via having a permit. I'm just armchair speculating at best lol...

S 265.03 Criminal possession of a weapon in the second degree. A person is guilty of criminal possession of a weapon in the second degree when: (1) with intent to use the same unlawfully against another, such person: (a) possesses a machine-gun; or (b) possesses a loaded firearm; or (c) possesses a disguised gun; or (2) such person possesses five or more firearms; or (3) such person possesses any loaded firearm. Such possession shall not, except as provided in subdivision one or seven of section 265.02 of this article, constitute a violation of this subdivision if such possession takes place in such person's home or place of business. Criminal possession of a weapon in the second degree is a class C felony.

[Norm DeGuerre]

here's a new word ..

Scienter--

read this first part of the Charge:

A person is guilty of criminal possession of a weapon in the second degree when: (1) with intent to use the same unlawfully against another,

[thughes]

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 malfeasance by LE and DA in Buffalo.

Better now, NdG?

[Norm DeGuerre]

Absolutely !!!

[Norm DeGuerre]

P.S.
don't think for a second that no one in LE, or the DA doesn't know what they are doing here ..
In Simeon Mokhibers case, it prolly was just "contempt of cop" that led to the escalation