- Dec 30, 2012
- 6,999
Gee, why don't we shop around for a conservative judge that'll rule those laws invalid?
Stossel: NYC Government Traumatizes Gun Owners
- Thread starter DC-W
- Start date
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CrueChief
Cocker Dad/RIP Bella
Or, he could have decided, as there wasn't really a mens rea,
not to charge in the first place.
not to charge in the first place.
j_h_smith
Ultimate Member
- Jul 28, 2007
- 28,516
The legislatures pass all these laws with no clue what practical impact they have on law abiding citizens. In fact they don't really care because they are deluded in thinking that criminals will honor the laws they pass. Few of our legislators are guided by a moral compass,
I have my doubts if they even consider the criminal act when they make these types of laws. I think it's just a ploy to show their constituents that they are willing to try anything. It's the citizens of the state that are allowing this to happen.
When the citizens see that these laws aren't working, they should demand REAL reform and tougher penalties. But they just want to be led by the career politician until the day they die.
All you have to do is look at Baltimore City. Has ANYTHING the Libs passed into law EVER helped with the crime in the city? No. But the citizens keep voting for the same politicians without even thinking about REAL reform.
The prosecutor in New York did exercise his discretion in prosecuting the woman. See the video again, she had an UNLOADED gun, with the ammunition in a separate box in her luggage. The prosecutor deemed this constituted a loaded firearm. The law didn't say so, he said so, and prosecuted according to this.
- Jan 30, 2013
- 34,055
See the video again at 4:30-4:40. The prosecutor said that they were "together," and that under NY law, if they're together, they're loaded. He didn't make it up, at least according to him.
This is why legislatures are the problem. The wording in laws have become ridiculous. Because ammunition and a gun are "together" does not mean it's loaded and any normal, rational person would understand that. No different than DC law stating that any part of a cartridge or shotshell is ammunition. Maryland does the same stupid shit with their laws as well. Only in MD can an SBR be a rifle AND a handgun.
yellowfin
Pro 2A Gastronome
Nonsense. They know full well what they're doing and it's deliberately malicious. It's purposeful hate laws designed to spite whom they disfavor.
Quite the contrary, they very much are, it's just a completely 180 inverted one.
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
I haven't looked it up, but I doubt that the mens rea for these "crimes" is, at most, anything more than a knowing possession. These individuals knowingly possessed, they just didn't know it was illegal. While some statutes require that level of mens rea, they are rare.
The issue is they flew TO NYC not through it., Once NYC is your destination, NYC law applies. The DA did what big city liberals always do, make an example of you until they are made to look like rabid nut jobs. Then they acquiesce and reduce to charges to misdemeanors and blame the legislture. They have discretion, but I don't see them just dropping charges, that's not their job. They prosecute. Fair or not.
NYC gun laws are only slightly more ridiculous than MD. If someone did the same thing while in MD, the exact same thing could happen here.
If you are a gun owner who travels, you need to know the laws of your DESTINATION state.
While not exactly the same, Google Revell vs Port Authority of NY and NJ.
Stossel is right, but it's not going to change NY and NJ 's dumb behavior.
Revell was nailed for taking POSSESSION of his firearm from the airline when his flight was cancelled and he had to stay overnight in a hotel. The court ruled when he took possession he broke the law and had no FOPA protection.
Stupid? absolutely biut it didn't stop his arrest, conviction and thousands of dollars in legal fees.
Travel with a gun? Read the laws and Google a little bit. Could save thousands of dollars and many headaches. Sad but that's the reality of living with liberal twits.
NYC gun laws are only slightly more ridiculous than MD. If someone did the same thing while in MD, the exact same thing could happen here.
If you are a gun owner who travels, you need to know the laws of your DESTINATION state.
While not exactly the same, Google Revell vs Port Authority of NY and NJ.
Stossel is right, but it's not going to change NY and NJ 's dumb behavior.
Revell was nailed for taking POSSESSION of his firearm from the airline when his flight was cancelled and he had to stay overnight in a hotel. The court ruled when he took possession he broke the law and had no FOPA protection.
Stupid? absolutely biut it didn't stop his arrest, conviction and thousands of dollars in legal fees.
Travel with a gun? Read the laws and Google a little bit. Could save thousands of dollars and many headaches. Sad but that's the reality of living with liberal twits.
Perhaps he could have found protection under FOPA if, rather than overnighting in a NY hotel, he picked up his luggage with gun, got a rental car, and drove into another, more gun-friendly, state for the night. He may then have had a colorable argument that his time in NY was spent just passing through.
DOJ agrees with you. But getting NY and NJ to agree is not so easy, if those states are your destination.
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Last edited:
- Aug 29, 2016
- 763
This type of thing is going to continue until we become the people the left accuses us of being.
"The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants."
"The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants."
Even tho DOJ might agree its NY and NJ State that is the trouble point. Its STATE Firearms laws that is causing the trouble not fed laws. Until the NY and NJ State Leg change the state laws people will still get into trouble...
- Feb 19, 2013
- 18,751
My first wonder. I thought there were laws about travelling through crazy areas were OK if you keep on, keeping on and not staying.
- Aug 29, 2016
- 763
They won't change their laws unless a federal court voids them or a federal law preempts them. It's that simple.
The problem is when one of these states becomes your destination. Then you are at their mercy and have no FOPA protection. The DOJ letter agrees that passing through is OK. But state laws apply when they become your destination. That's what some folks don't seem to get.
Blacksmith101
Grumpy Old Man
- Jun 22, 2012
- 22,269
Is it a prosecutors and even a judges job to enforce a law passed by a legislature and signed by a Governor that violates the constitution of either the state or the United States?
In anticipation of an answer about who the arbitrator of constitutionality is a second question. Can a despot keep promulgating laws in violation of constitutional protections that will be blindly enforced for years as they make seemingly glacier like progress through the court system to be ultimately rejected only to be replaced with an equally odious law to once again start the progress all over again ad infinitum?
just trying to make a point.
- Dec 30, 2012
- 6,999
These state by state issues are exactly the reason the Feds or scotus need to rule that states cannot make laws against rights enumerated in the BoR. State's rights should not apply here.
- Aug 29, 2016
- 763
Right, but define "destination." If I live in Seattle, and am going on a camping trip in Vermont, and the nearest airport is Albany, and my plan is to land in Albany, rent a car, and drive to Vermont, it wouldn't really be accurate to say that New York is my destination, would it? In any case, this ambiguity shows why we need reciprocity plus a strengthened FOPA.
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