Man arrested for having '2 extra bullets' in his sidearm's magazine.


Treo said:
This is one of those topics that’s (IMO) very hard to get right.

Regardless of our reasoning, ultimately it is up to each of us to decide which laws we will follow and which we won’t. When we make that decision we have to take the consequences into account and no matter how unconstitutional you may think a law is you aren’t going to stop the police from arresting you and putting you through the system (and maybe sending you to prison) when you are caught violating it. Speak for yourself.. Do NOT project your unwillingness to defend yourself or your rights onto me or anyone else...

You can say what you want about the rightness or wrongness of the law or get on your soapbox about our founding principles (which are great in principle) but you aren’t going to win the pissing contest on the side of the road. Actually I HAVE WON what you call a pissing match on the side of the road against 2 cops... and another one in a parking lot when it was one on one...........

To reduce it to the simplest terms, I don’t really care what you say on the internet if you take on the system by your self you’re going to get squashed like a bug.
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Uhmmmm... I wasnt squashed.... Maybe you should try to stand up for yourself instead of telling us not to........

BTW Treo, I almost always agree with you 100% but this time you are wrong, very wrong...
 

That is a exactly what "they" (progressive liberal democrats) are looking to do.. Make legal gun owning citizens of the USA into felons.. Strip them of their rights and confiscate their arms.. All part of the plan. Anyone who believes the contrary is obtuse, blind, and accepting of the agenda..
 
Axeanda45 said:
Uhmmmm... I wasnt squashed.... Maybe you should try to stand up for yourself instead of telling us not to........

BTW Treo, I almost always agree with you 100% but this time you are wrong, very wrong...
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No, I’m actually not wrong you’ve just missed my point(s).

First point, we are a Nation of laws, there either has to be one law for everyone or no law at all. We can’t have a bunch of wanna be roadside lawyers running around deciding which laws they’re going to follow and which ones they aren’t base on their degree from the usacarry.com school of internet law, that’s what criminals do; or if they do choose to decide then they’d better be ready to accept the consequences of their actions.

If we disagree with a law then the proper way to address that is through the legal system or the political process. We either vote for representatives who share our values or we engage in civil disobedience and we hash it out in court. If every one just decides what laws to obey and what laws not to obey we have anarchy.

Second point, you can say whatever you want on the internet but the fact is that as individuals we do not have the power to stop society from imposing it’s will on us.

Remember “Accidental” Felon? He decided that Chicago’s gun laws were unconstitutional and therefore did not apply to him. The city of Chicago saw it differently and they did detain him, they did take him into custody, they did try him and they did convict him and he is (if we believe his story) now really a convicted felon with no legal right to bear arms.

Same with this guy, say what you will but unless this guy is willing to get into a gunfight on the side of the road (which he would have lost sooner or later) over two rounds in a magazine he had no choice but to submit to the will of the state and fight it out in court.

If you truly believe this law is unconstitutional and you truly believe in your cause then you need to take an 11 (one more than their previous standard so there’s no question that you are in violation) to New York, walk into the first Police Station you see, put the magazine on the desk and demand that they arrest you so you have legal standing to sue. Then we let a judge decide if the law is Constitutional because that's how we set the system up

Let us know how that works out for you
 
Treo, Thank you for your response, I now understand better what you were saying...
BUT....

I dont go flaunting "unlawfulness" (a very loose term, especially when shall not be infringed has been ignored for so long we get laughed at for bringing it up) and baiting anyone for any reason... not my style. It would also only prove that the person doing it is an idiot... So, I am sorry to disappoint you, but I'm not going to New York, too many liberals there for me.... If "laws" were passed where I live that were anything like the ones they passed there, I would ignore them, just like I ignore most of them now.

I DO, HOWEVER, stand up for myself and absolutely refuse to have my rights trampled on by anyone, anywhere... ESPECIALLY if they have some kind of uniform or badge, as they are being paid to defend my rights (by their oath) with my money.... If that results in me having to defend myself (my rights) so be it... I didnt start it, and yes... "they" will probably end it much sooner than I would want, in a way that ends badly for all involved. But guess what? I would rather die a free man.

UNTIL the idiots in charge figure out that infringing on rights has consequences they dont like, they will continue acting the way they always have... Electing people who say they will fix things has NOT SOLVED A SOLITARY THING!!! Why do people keep insisting that it will work THIS TIME??? It is past time people get a backbone and STOP BACKING DOWN WHEN CONFRONTED BY THUGS!!!!

My sig line is what I live by.... leave me alone or suffer the outcome of YOUR actions against me..... I leave others alone UNLESS they refuse to leave me alone.... Bullies back down when they find out their chosen prey arent afraid of them and are willing to do WHATEVER IT TAKES to make them stop...

My hope is to live a very long and peaceful life where no-one (myself included) EVER gets injured or even insulted when I am around them.
I do NOT go out seeking anything but a peaceful co-existence with everyone I come into contact with....

If the police have an actual truly "lawful" (read actually constitutional ) reason to interact with me they have zero probability of me doing anything they wouldnt like to happen as long as they behave themselves and dont attempt to infringe on any of my rights.. I dont know any plainer way to say it politely...
 
Axeanda45 said:
Treo, Thank you for your response, I now understand better what you were saying...
BUT....
I dont go flaunting "unlawfulness" (a very loose term, especially when shall not be infringed has been ignored for so long we get laughed at for bringing it up) and baiting anyone for any reason... not my style. It would also only prove that the person doing it is an idiot... So, I am sorry to disappoint you, but I'm not going to New York, too many liberals there for me....
Click to expand...

I never meant to imply that you did.

Axeanda45 said:
If "laws" were passed where I live that were anything like the ones they passed there, I would ignore them, just like I ignore most of them now.
Click to expand...

That's your option as long as you are willing to accept the consequences when the cop don't ignore the law
 
Axeanda45 said:
Treo, Thank you for your response, I now understand better what you were saying...
BUT....

I dont go flaunting "unlawfulness" (a very loose term, especially when shall not be infringed has been ignored for so long we get laughed at for bringing it up) and baiting anyone for any reason... not my style. It would also only prove that the person doing it is an idiot... So, I am sorry to disappoint you, but I'm not going to New York, too many liberals there for me.... If "laws" were passed where I live that were anything like the ones they passed there, I would ignore them, just like I ignore most of them now.

I DO, HOWEVER, stand up for myself and absolutely refuse to have my rights trampled on by anyone, anywhere... ESPECIALLY if they have some kind of uniform or badge, as they are being paid to defend my rights (by their oath) with my money.... If that results in me having to defend myself (my rights) so be it... I didnt start it, and yes... "they" will probably end it much sooner than I would want, in a way that ends badly for all involved. But guess what? I would rather die a free man.

UNTIL the idiots in charge figure out that infringing on rights has consequences they dont like, they will continue acting the way they always have... Electing people who say they will fix things has NOT SOLVED A SOLITARY THING!!! Why do people keep insisting that it will work THIS TIME??? It is past time people get a backbone and STOP BACKING DOWN WHEN CONFRONTED BY THUGS!!!!

My sig line is what I live by.... leave me alone or suffer the outcome of YOUR actions against me..... I leave others alone UNLESS they refuse to leave me alone.... Bullies back down when they find out their chosen prey arent afraid of them and are willing to do WHATEVER IT TAKES to make them stop...

My hope is to live a very long and peaceful life where no-one (myself included) EVER gets injured or even insulted when I am around them.
I do NOT go out seeking anything but a peaceful co-existence with everyone I come into contact with....

If the police have an actual truly "lawful" (read actually constitutional ) reason to interact with me they have zero probability of me doing anything they wouldnt like to happen as long as they behave themselves and dont attempt to infringe on any of my rights.. I dont know any plainer way to say it politely...
Click to expand...

“I won't be wronged. I won't be insulted. I won't be laid a-hand on. I don't do these things to other people, and I require the same from them.”
― John Wayne

This is the best quote that I live by when it comes to self defense. imho
 
I agree that the 7 limit is stupid. But it is the law. I've heard lots of blowhards claim how they will not follow the law. If you won't follow the law, then you are a criminal who shouldn't own a firearm.
 
nogods said:
I agree that the 7 limit is stupid. But it is the law. I've heard lots of blowhards claim how they will not follow the law. If you won't follow the law, then you are a criminal who shouldn't own a firearm.
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Bad (stupid) laws are not overturned by sheep complying, they are overturned by citizens rebuking the law.

In this case the prosecutor has stated he is not going to prosecute, the process to overturn it has started, by someone that choose to be a sheepdog instead of a sheep.

I haven't found the actual text of the law, but based on the stupidity of this law, I suspect that even in the less secure privacy of your own home 8 rounds in the mag is a crime.
 
nogods said:
I agree that the 7 limit is stupid. But it is the law. I've heard lots of blowhards claim how they will not follow the law. If you won't follow the law, then you are a criminal who shouldn't own a firearm.
Click to expand...

Need I remind you that the great men who founded this country and wrote the constitution were all "criminals?"
 
CathyInBlue said:
Prosecutor declines to prosecute.

Link Removed
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Any information as to why the DA opted not to prosecute?

Just curious as to whether its due to a specific case related technicality or if he sees major flaws in the law and will decline to prosecute all SAFE Act cases.
 
XD40scinNC said:
Bad (stupid) laws are not overturned by sheep complying, they are overturned by citizens rebuking the law.
Click to expand...
not quite right, bad laws are either overturned by the courts or by the people who elect new lawmakers who will either repeal or modify the bad law. Taking the law into your own hands, deciding on your own which law to follow and which law to ignore is not the way to do things and could get you into a heap of trouble.
FWIW: what this prosecutor is doing is wrong as well, it is not his call what laws he will or will not prosecute, he should be removed from office
 
The Columbia County D.A.feels that this is a bad law and has decided not to prosecute. I think he is within his official rights to decline to prosecute the case. Certainly, the D.A. in nearby Albany County, made a similar choice last year in declining to bring charges, or prosecute any of the "Occupy" people arrested for violations of the law. However, I am certain Mr. Soares, of Albany County would persecute(I know the correct term is prosecute, but Soares is extremely anti gun)any such case to the fullest extreme.
 
apvbguy said:
it is the law until someone gets it thrown out as being unconstitutional. the supremes have already ruled that some "reasonable" restrictions can be placed on the issuance of carry permits. there needs to be a test case or a few to determine what is and ins't reasonable. as for the search, according to the report I saw the gun was visible, on the seat, in NY that is PC to check the weapon.
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Lets agree to disagree. When I am a licensed CCW holder and I am carrying, I am doing nothing wrong. If I am doing nothing wrong the police have no right to mess with me or my gun. If I am stopped for a tail light out and arrested, the cop can have my car towed and must inventory the car. At that point he can inventory the gun seize it for safe keeping as my property and the while unloading he could or could not count the rounds as part of the inventory. If he does and finds nine then he can add the extra charge.
MY guess is he improperly took the gun took out the mag and counted the bullets. Then made the arrest.
Prosecutor says Nope no indictment for you. You violated the mans rights with and illegal search. You may want to get a lawyer.
 
apvbguy said:
.
FWIW: what this prosecutor is doing is wrong as well, it is not his call what laws he will or will not prosecute, he should be removed from office
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Prosecutor s refuse to issue warrant or indictments every day in every city in the county. If the case is weak or questionable because the cops didn't do everything right, BOOM no issue. Next case! Been there done that.
 
nogods said:
I agree that the 7 limit is stupid. But it is the law. I've heard lots of blowhards claim how they will not follow the law. If you won't follow the law, then you are a criminal who shouldn't own a firearm.
Click to expand...

Obviously spoken (written) by someone who has no clue what a "Law" is..... If it doesnt line up with the constitution (Why is "Shall NOT be Infringed" sooooooooooooo hard for these idiots to understand?) then it is NOT AN ACTUAL "LAW" So... common sense would dictate that NOT FOLLOWING IT would NOT be Breaking a "Law"
 
apvbguy said:
not quite right, bad laws are either overturned by the courts or by the people who elect new lawmakers who will either repeal or modify the bad law. Taking the law into your own hands, deciding on your own which law to follow and which law to ignore is not the way to do things and could get you into a heap of trouble.
FWIW: what this prosecutor is doing is wrong as well, it is not his call what laws he will or will not prosecute, he should be removed from office
Click to expand...

But they are never challenged until someone breaks the law. Look at all the case laws, it is almost always 'government' vs. 'Joe Citizen'

DC vs. Heller
Florida vs. J.L.
Bailey vs. U.S.
Terry vs. Ohio
and hundreds more
 
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