Queens "Gun Nut" Gets 20 Years


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John Q. Pirate
February 25, 2009, 10:37 PM
Saw this today in the New York Post. Notwithstanding the animal abuse allegations, the author seems to imply that owning an AR makes one "demented." Read on-

By LAURA ITALIANO

Last updated: 3:46 am
February 25, 2009
Posted: 3:27 am
February 25, 2009

He should have tried paintball.

A Manhattan judge threw a demented gun nut in prison for 20 years after rejecting his lawyer's claim that he's just a harmless sharpshooting fan.

"There's paintball, for heaven's sake," Manhattan Criminal Court Justice Edward McLaughlin countered while sentencing weaponry fanatic Suwei Chuang - caught downtown two years ago with a $15,000 Bushmaster assault rifle and more than 800 rounds of ammo in the back seat of his SUV.

Chuang, 37 - scion of a wealthy, Flushing-based real-estate family - faces additional charges in Queens for allegedly conducting gruesome ballistics experiments on dogs in a basement shooting range he'd stocked with seven more rifles.

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Wonder9
February 25, 2009, 10:40 PM
$15,000 Bushmaster assault rifle

Whoa.

average_shooter
February 25, 2009, 10:41 PM
I've heard of, seen and handled a couple expensive rifles before, but what the heck would a person have to do to a Bushmaster to get it to cost $15,000 !?!

$1,500 I could understand, but $15,000?

Oh, and the paintball quip is really dumb on the Justice's part. Just shows his ignorance and arrogance.

ants
February 25, 2009, 10:45 PM
Am I to understand that he shot dogs in his basement for fun?




Burn in hell, Chuang.

6_gunner
February 25, 2009, 10:48 PM
Maybe they meant that shooting dogs for ballistic testing made him demented. I'd tend to agree with that one. I happen to like dogs.

The "There's paintball, for heaven's sake," comment was kind of ridiculous, though. That kind of comment does not do much to restore my confidence in our legal system. Why not use the argument to ban baseball, since many people are content with playing sports-themed video games? Those bats are really lethal assault-clubs, you know.

Yo Mama
February 25, 2009, 10:48 PM
This is NY we are talking about.

wrc376
February 25, 2009, 10:49 PM
he broke the law

jackdanson
February 25, 2009, 10:55 PM
Bushmaster to get it to cost $15,000 !?!

Could easily be a pre-ban NFA assault rifle. $15000 would be on the cheap side.... although honestly they are probably just full of it.

If he shot dogs in his basement he deserves to be punished, but the article is obviously anti-gun.

Zangetsu
February 25, 2009, 11:23 PM
I'd like to know more about this case...was he caught walking around with this rifle or was he pulled over and had it, with the ammo in his back seat? I'm sure there were other charges too...20 years for improperly transporting a rifle seems awfully extreme.

As for the dog experiments, I hope they throw the animal cruelty books at him, and you know what they say about people who torture animals. All in all, this guy sounds like a bit of a time bomb, and it's probably for the best that he goes away for a while. I mean, if he's already testing on dogs, carelessly parading a $15,000 rifle around NY of all places, just how long before people end up in his sights? That being said, this is an incredibly biased article.

P.S.
-I've seen some HEAVILY modified ARs out there...is it even possible to do 14 thousand dollars worth of upgrades? I mean, if we assume the rifle was 1500, and that he had 2 grand in optics, that's still over $11,000 worth of rifle to go. Even with all the parts hard chromed and/or MP3 coated, he's still way off that price tag.

Prince Yamato
February 25, 2009, 11:50 PM
Chuang, 37 - scion of a wealthy, Flushing-based real-estate family - faces additional charges in Queens for allegedly conducting gruesome ballistics experiments on dogs in a basement shooting range he'd stocked with seven more rifles.

That's why he's being charged. I think the media is playing up the gun angle, but in reality I bet it's the "shooting dogs" bit that's getting him prison time.

rfwobbly
February 25, 2009, 11:52 PM
Maybe it was one from Saddam's gold plated gun collection?

Speedo66
February 26, 2009, 08:25 PM
Full auto perhaps? Although even that doesn't carry a 20 year sentence.

There's more to this story we're not getting.

Dr. Tad Hussein Winslow
February 26, 2009, 08:35 PM
Source?

whitefeather
February 26, 2009, 08:43 PM
For a "scion of a wealthy, Flushing-based, real estate family", $15K is no big deal to spend on (what I assume to be) a Class III weapon.

Obviously, this guy has more access to money than common sense.

His ballistics "experiments" on dogs demonstrates that he is inhumane at the very least and that he probably has "issues" that would preclude him from being a responsible gun owner by the standards of this forum.

JohnBT
February 26, 2009, 08:51 PM
http://www.nydailynews.com/news/ny_crime/2008/01/05/2008-01-05_brothel_call_girl_turns_boyfriends_weapo-2.html

" Manhattan call girl from a notorious brothel led cops to the massive cache of weapons found in Queens this week, law enforcement sources said.

The prostitute - who worked out of "King of All Pimps" Jason Itzler's brothel near City Hall - ratted out her boyfriend Suwei Chuang, 36, after he stole her apartment keys, the sources said.

The woman also happens to be a key witness in the case against Itzler's lawyer and alleged partner in the brothel, Paul Bergrin, the sources said.

Bergrin is accused of helping Itzler - profiled in 2005 by New York magazine - of running the illicit sex business, which charged up to $2,000 an hour.

Chuang's lawyer Stephen Flamhaft acknowledged that Chuang stole his ex-girlfriend's keys to the apartment they shared in November. But Flamhaft said it was "nothing more than a dispute between boyfriend and girlfriend."

"She wanted to get married. He wasn't sure," the lawyer said.

Flamhaft said the woman, who was not identified, set up Chuang this week, telling him she was in the hospital and needed help.

Cops busted Chuang on Wednesday when he came to her aid with a fully loaded AR-15 assault rifle and 800 rounds of ammunition in his SUV. A search of his Queens home uncovered a large arsenal of weapons and ammo, police said."

Zoogster
February 26, 2009, 08:53 PM
Am I to understand that he shot dogs in his basement for fun?




Burn in hell, Chuang.

Don't be so easily manipulated. It is possible he was cruel, it is also possible he put down an animal like farmers across the nation do on occasion.

Such parts of a story need not be completely accurate, and are often exaggerated to sell headlines.


Someone often becomes some sort extremist or racist or terrorist etc in these type of stories. Exaggerations encouraged and promoted by prosecutors and agencies that want to see the individual put away and have public support.

I imagine if you ever read an exaggerated story about yourself facing charges in the paper you would not recognize the person they are talking about either.
When they want to paint someone as a nut with guns they will spin any tiny detail out of proportion. Including ever putting down a sick or violent animal instead of paying a licensed professional to do it for you.

ThrottleJockey
February 26, 2009, 08:53 PM
I understand and agree with the other posts in this thread, but one thing we aren't considering. Judging by this freaks name, there could well be some major cultural differences we are overlooking. Maybe he was simply playing with his food?

JohnBT
February 26, 2009, 08:56 PM
I hadn't heard about any of this. Hookers, a convicted arsonist, a stolen Glock, 6 police radios, an encoder (decoder? idunno)....

Oh, right, the guns. ;)

"One Man War Zone
BY VICTOR G. MIMONI
Wednesday, January 9, 2008 6:48 PM EST
A tip to a detective from the Manhattan District Attorney’s office has led to the arrest of a convicted arsonist and suspected gun dealer, and confiscation of a huge arsenal of weapons, ammunition, military gear and sensitive police radio equipment in Queens.

Suwei Chuang, 36, of 135-11 40th Road in Flushing, was stopped by police near the corner of Gold and Spruce Streets in downtown Manhattan and arrested at about 8:45 p.m. on Wednesday, January 2, after cops spotted a “locked and loaded assault weapon”¯”¯ in plain view on the back seat of his car.

A woman known to Chuang had called the detective, saying the Flushing man had “menaced”¯”¯ her with a firearm from inside his vehicle. Acting on the description provided, cops arrested Chuang for weapons possession, just a few blocks from Police headquarters and City Hall.

Upon observing the gun in the car, police obtained two search warrants, one for the car and one for Chuang’s apartment.

In the car, they found a “bullet-proof vest”¯”¯ and “close to 800 rounds”¯”¯ of ammunition for the AR-15 (a “civilian version”¯”¯ of the M-16 rifle used by the U.S. military) much of it in 30-round magazines. The gun was fitted with a scope.

Armed with the other warrant, at about 11 p.m. cops from the Firearms Investigation Unit and the 109th Precinct entered Chuang’s 7th floor apartment, just across the street from the Main Street Flushing Long Island Rail Road station.

What they found was “disturbing to say the least,”¯”¯ according to a police source.

In the apartment was an arsenal which included about a dozen handguns, one of which, a police-type Glock, was reported stolen, numerous other firearms, 40 large knives and close to 30,000 rounds of ammunition, including armor-piercing and hollow-point bullets.

Worse yet, Chuang was in possession of at least 6 police radios, including an “encoder”¯”¯ which would enable him to monitor the “back frequencies”¯”¯ used by undercover and anti-terror cops.

This revelation has drawn the attention of the Internal Affairs Division of the New York City Police Department (NYPD) which is trying to discover how such sensitive communications equipment fell into the hands of the Taiwan-born Chuang, who was convicted of arson in federal court in 1996.

Chuang, a naturalized citizen and U.S. Army vet, had been examined by an NYPD psychologist before the arson. It was unclear why he was screened, but the psychologist found that Chuang had “poor stress tolerance, poor judgment, poor impulse control and immaturity,”¯”¯ a police source said.

The amount of ammunition, body armor, gas masks and other electronics have also drawn the attention of the NYPSD Organized Crime Investigation Division, and the Joint Terrorism Task Force.

One of the guns was a Belgian-made PS90, a “civilian version”¯”¯ of a state-of-the-art machine gun used by Special Forces around the world. The weapon, erroneously reported to be an “automatic machine gun,”¯”¯ fires a bullet which easily penetrates Kevlar helmets and body armor used by most law enforcement agencies.

The high-tech rifle was also fitted with a special scope which would enable a gunman to hit targets in near total darkness.

Also found was a .50 caliber muzzle-loading rifle of a similar design to the gun seized by police on the St. John’s University campus not long ago.

According to a police spokesperson, “Investigation revealed that Chuang was known to stockpile weapons,”¯”¯ and “Inspector Brian O’Neill said Chuang was being probed as a weapons dealer,”¯”¯ according to a published report.

Cops are also disturbed that in addition to the PS90, an easily concealed gun which has only been available for a few months, there were four empty boxes, two for the PS90 and two for the FS2000, a nearly identical weapon which fires NATO-standard ammunition. Those guns have been on the market since June of 2006.

A source close to the investigation told The Queens Courier, “We think someone may have gotten to the apartment just ahead of us.”¯”¯

While many of the weapons appeared to be used, the PS90 and FS2000 are relatively new designs which sell for close to $2,000 each on the legitimate market.

“There’s no telling what they go for on the street,”¯”¯ a source said, adding “that’s a very ‘sexy’ weapon.”¯”¯

The PS90 comes with a 50-round clip, and the military version fires at a rate of 900 rounds per minute. Demonstration videos supplied by the manufacturer show the bullets easily going through titanium and Kevlar body armor.

“Numerous rounds”¯”¯ of ammunition for the weapon were found in the apartment.

The source said Chuang “lawyered up immediately”¯”¯ and that a woman claiming to be his sister and to own the 10-story building where Chuang lived “came down (to the 109th command) bragging about how much money they had and wanting to bail him out.”¯”¯

After the weapons were cataloged and the Glock pistol was discovered to have been stolen from an upstate residence, Chuang was remanded to jail on Riker’s Island on a charge of robbery, in addition to weapons possession, according to Department of Correction records. "

Zoogster
February 26, 2009, 08:58 PM
I understand and agree with the other posts in this thread, but one thing we aren't considering. Judging by this freaks name, there could well be some major cultural differences we are overlooking. Maybe he was simply playing with his food?
Anything is possible. I knew someone that raised rabbits for just that purpose in thier basement and killed and ate them on a regular basis. They didn't shoot them, but they were also not very large animals, some dogs are.

It might sound sick, and I certainly couldn't raise dogs to eat, but pigs are often considered more intelligent than dogs. Billions of people consider them food.
Some cultures consider dogs just as acceptable.

suspected gun dealerHaving that many weapons, especialy of such types in New York can cause that suspicion.

an arsenal a police-type Glock
civilian version...state-of-the-art machine gun used by Special Forces
penetrates Kevlar ...used by most law enforcement agencies
a .50 caliber muzzle-loading rifle of a similar design to the gun seized by police on the St. John’s University campus not long ago.
fires NATO-standard
the military version fires at a rate of 900 rounds per minute

Can you say fear mongering? Those terms would describe weapons most firearm owners have.
Now I am going to go find a $15,000 AR.:rolleyes:

When they have so much crap like that in an article can you even believe the other things are remotely accurate?

RonE
February 26, 2009, 10:00 PM
For a Bushmaster to be worth $15,000 it must have a Rock-n-Roll switch or a group therapy device.

Officers'Wife
February 26, 2009, 10:03 PM
Typical big city article, long on emotion, short on fact. And there is something for everyone. Outrage over the poor dogs, seemingly large amounts of ammunition, and play on the 'he doesn't 'need' the weapon' with the paintball remark. Defend the bugger and you are accused of torturing animals and supporting terrorism. Classic.

Speedo66
February 27, 2009, 12:50 PM
OK, assuming the last article is correct, he's got a prior conviction (predicate felon) which raises any sentence he gets.

He's got multiple charges, which may have been sentenced consecutively rather than concurrently.

Possession of 30 round mags, if manufactured after 9/94, are a D Fel. to possess by by themselves. He's also got menacing, poss. of weapons, stolen property, etc., the list goes on and on.

So yes, consecutive sentences could add up to 20 years. It's NOT just for possessing the AR-15.

lesterg3
February 27, 2009, 12:58 PM
All the story or not. This guy is not someone I want to bond with, and I suspect he is no friend to gun owners, as a wealthy scion he can get whatever gun he wants. Legally or illegally.

Jim K
February 27, 2009, 01:00 PM
A "civilian" having any gun in Emperor Bloomberg's domain is clear evidence of insanity unless the right people have been paid off or you belong to the Mafia.

Jim

Seenterman
February 27, 2009, 01:01 PM
Alot of you may have overlooked this well because your not from NY but in NYC you need a permit to own a rifle. Yea I know its crazy, but thats NYC and me thinks he didn't have a rifle permit. I dont know if you have to register each long gun you own to the rifle permit, any NYC'er know about that?

chuwee81
February 27, 2009, 03:12 PM
wait what??
The judge is advising to shoot dogs with paintballs instead of a rifle? I agree with most of the replies above, this is just plain ignorant comment.

Police type Glock
easily concealable PS90 ?? From what i've seen, theciv version got a longer barrel that would be really hard to conceal. I guess reporters manage to master the art of concealing "assault" rifles now.Better watch for the flash.

ArmedBear
February 27, 2009, 03:26 PM
If he were really just a harmless precision target shooter, this wouldn't have been a case.

There are many fanatical target shooters, even in New York, and they don't get arrested.

The judge, on the other hand, is probably an idiot. But I repeat myself.

Zoogster
February 27, 2009, 04:16 PM
If he were really just a harmless precision target shooter, this wouldn't have been a case.

There are many fanatical target shooters, even in New York, and they don't get arrested.

You read the articles right?

These stories are interesting in that they allow you to see exactly how irrationaly the firearm community would turn on someone the media or LEO create a good story about.



His girlfriend, a call girl living the fast life set him up.

" Manhattan call girl from a notorious brothel led cops to the massive cache of weapons found in Queens this week, law enforcement sources said.

The prostitute - who worked out of "King of All Pimps" Jason Itzler's brothel near City Hall - ratted out her boyfriend Suwei Chuang, 36, after he stole her apartment keys, the sources said.

Flamhaft said the woman, who was not identified, set up Chuang this week, telling him she was in the hospital and needed help.

Cops busted Chuang on Wednesday when he came to her aid with a fully loaded AR-15 assault rifle and 800 rounds of ammunition in his SUV. A search of his Queens home uncovered a large arsenal of weapons and ammo, police said."

He was dating a high price prostitute who knew he had weapons not legal in NYC. Why did she decide to set him up? Was it the alleged key taking or was she threatened with charges by detectives about either her illegal prostitution or drugs?
She decides to give her boyfriend to the police.
She calls him up knowing he will have an AR in his vehicle and tells him she is in trouble.
Police already knowing he will have a firearm in the vehicle based on what his girlfriend has informed them stop him in the sting, search his car, and then pretend what they found was in plain sight. The guy they were doing a sting on to find a weapon his girlfriend told them about left an assault weapon in plain sight in the middle of the city, and was never caught until that bust. Are we really that naive? They searched his vehicle to find something not in sight and then retroactively created legal justification after finding something.


That type of thing happens everyday. It then gets reported to the media in a light that shows the police saving society from some horrible person. A horrible person with horrible guns.

I guess letting your prostitute girlfriend know about your illegal guns is a liability. She might turn on you when in hot water herself someday.
Who would have thought? :neener:

The real lesson of the story is to not date prostitutes and similar types of women living a fast life with minimal morals.

We can make assumptions of the type of guy he was because he was into that kind of woman. Probably not a great character. However I do not believe most of what is in the article, and doubt he is anywhere near as bad as they paint him out to be.
With so many clear exaggerations about what we know like the firearms themselves, I am sure there is many exaggerations and even false information about what we don't know.

The woman who set him up is also a star witness in some other prosecutions. It is very likely they have some dirt on her and she is snitching on everyone around her including her boyfriend to avoid charges.

Officers'Wife
February 27, 2009, 04:22 PM
Hi Armed Bear,

The question is not if the person was in violation of the law. He most certainly was. The point was the sensationalism and emotionalism used to report the story. Had the paper reviewed the various laws violated the article would have been a useful agent envisioned by the Founding Fathers. As written it's a bunch of... animal by product better suited to 'Days of Our Lives.'

Selena

Yosemite Sam
February 27, 2009, 04:27 PM
She turned on him because she wanted to marry him and he "wasn't ready yet." Probably had an argument and he took her apartment keys and kicked her out. That's the reason for the setup. Yikes!

ChronoCube
February 27, 2009, 05:08 PM
Am I to understand that he shot dogs in his basement for fun?

Burn in hell, Chuang.

How are you any better than him for wanting such a fate for a fellow human being who has done no wrong to anyone else?



It might sound sick, and I certainly couldn't raise dogs to eat, but pigs are often considered more intelligent than dogs. Billions of people consider them food.
Some cultures consider dogs just as acceptable.

Yes, animal rights is a matter of cultural perception of the modern West, and not a part of the traditional morality of the Judeo-Christian worldview from which we get ideas about murder, theft, etc. There are plenty of people in other countries who would find American steak eaters repulsive because of how their culture views cows.

Southern Rebel
February 27, 2009, 09:06 PM
Cops are also disturbed that in addition to the PS90, an easily concealed gun which has only been available for a few months, there were four empty boxes, two for the PS90 and two for the FS2000, a nearly identical weapon which fires NATO-standard ammunition. Those guns have been on the market since June of 2006.

A source close to the investigation told The Queens Courier, “We think someone may have gotten to the apartment just ahead of us


Hmmm...Is it possible that NYPD were the "someones" that may gave gotten to the apartment just ahead of the NYPD? Not that I think they would ever do such a thing!

ants
February 27, 2009, 10:44 PM
The report clearly stated "conducting gruesome ballistics experiments on dogs in a basement shooting range" You and I both understand that reports in the press cannot be taken as gospel truth. But if we don't want to discuss the content of the report, why are we even engaged with this thread?

Gamera
February 27, 2009, 11:04 PM
after cops spotted a “locked and loaded assault weapon”¯”¯ in plain view on the back seat of his car.

It's nice to know that they could just glace in his back seat and tell that the rifle was loaded.

the AR-15 (a “civilian version”¯”¯ of the M-16 rifle used by the U.S. military) much of it in 30-round magazines. The gun was fitted with a scope.

I love how they put civilian version in quotes. Oh and it was fitted with a scope because, you know, scopes are bad too.

which included about a dozen handguns, one of which, a police-type Glock, was reported stolen,

Only the police should have Glocks.

including armor-piercing and hollow-point bullets.

OMG NOT THOSE EVIL HOLLOW POINT COP KILLING BULLETS!

One of the guns was a Belgian-made PS90, a “civilian version”¯”¯ of a state-of-the-art machine gun used by Special Forces around the world. The weapon, erroneously reported to be an “automatic machine gun,”¯”¯ fires a bullet which easily penetrates Kevlar helmets and body armor used by most law enforcement agencies.

Oh right, 5.7x28mm will penetrate body armor but 5.56 and 7.62 wont?

The PS90 comes with a 50-round clip, and the military version fires at a rate of 900 rounds per minute.

Gotta love those high capacity clips! And thanks for telling us the rate of fire of the military version (you know, the kind he didn't have).

Don't get me wrong, this guy broke some NY laws, and apparently killed dogs (:() so he should be punished, but this article is obviously anti-gun and is the kind of propaganda that fuels the ignorant public's fears of guns.

ArmedBear
February 27, 2009, 11:07 PM
someone the media or LEO create a good story about.


Uh, he got 20 years for something, right?

The story is completely stupid and offensive to me.

However, this guy doesn't appear to be just "someone the media created a story about."

savetheclaypigeons
March 4, 2009, 09:59 AM
I'm not reading everything that was posted, but was it mentioned the dogs were killed by his firearms? Perhaps he knew someone at a pound that put dogs down and he took the carcasses to test how ballistics were effected by flesh :confused:

BCCL
March 4, 2009, 10:30 AM
I've heard of, seen and handled a couple expensive rifles before, but what the heck would a person have to do to a Bushmaster to get it to cost $15,000 !?!

:D

http://i102.photobucket.com/albums/m103/Bear_Claw_Chris_Lappe/Gun%20Collection/m4_sopmod.jpg

Vector
March 4, 2009, 11:02 AM
Based on what little I've read, he sounds half baked to me.

Speedo66
March 4, 2009, 07:10 PM
Yes, a permit is required for long guns in NYC, not the rest of NYS.

Possession without the permit is a violation of the NYC Administrative Code, an unclassified Misd. punishable by not more than 1 year in jail.

Again, there is a lot more here than meets the eye.

oldFred
March 4, 2009, 11:41 PM
Thank God I live in GA, I can have Full Auto ARs, supressors, and grenade launchers! ;)

solareclipse
March 5, 2009, 12:14 AM
20 years is a 2nd degree murder type sentence..

we arent told everything

the glock was stolen. it said nothing about him owning a glock that was bad.

etc etc etc

I bet you he got nailed on federal trafficking charges and they are not releasing the details as probably there is another investigating behind that one

Zoogster
March 5, 2009, 12:16 AM
Possession without the permit is a violation of the NYC Administrative Code, an unclassified Misd. punishable by not more than 1 year in jail.
Not possession of an illegal unregistered "assault weapon". Possession of such a weapon loaded in the vehicle, whether in the trunk, backseat or eslewhere.

Convincing the prostitute girlfriend to say he menaced her with the weapon as implied by "A woman known to Chuang had called the detective, saying the Flushing man had “menaced”¯”¯ her with a firearm from inside his vehicle. Acting on the description provided, cops arrested Chuang for weapons possession, just a few blocks from Police headquarters and City Hall."

So now you have aggravated assault with illegaly carried loaded assault weapons.
Add on charges for each violation then found in the home.
Stack on the animal cruelty charges, even if unfounded just because they will help to aquire a conviction on other charges.

Yes a guy that merely has an illegal loaded gun in his car could get 20 years.
Angry girlfriend, or girlfriend facing felony drug charges, like many prostitutes eventualy do. Girlfriend willing to snitch or create stories at the coaching of private detectives. You think her being involved in other ongoing cases is a coincidence?
She called him up, said she was hurt and needed him at the hospital.
He came and found himself in the middle of a setup.

In fact the very reason they would base thier search on saying the firearm was in plain sight, even though it more than likely was not is so the prostitute's credibility or story is not what 'probable cause' was based on in review. Keeping her credibility as seperate from the case as possible to help the prosecution.



He additionaly had multiple felony violations of the gun ban in his home.



Here is the form jurors will be given to determine his guilt to just the charge of illegal possession of an assault weapon:

1The word “knowingly” has been added to this definition to comport with statutory law (Penal
Law § 15.05(2)) and with case law. People v. Ford, 66 NY2d 428, 440 (1985); People v.
Marino, 212 AD2d 735, 736 (2d Dept. 1995); People v. Cohen, 57 AD2d 790 (1st Dept.
1977).
2See Penal Law § 265.00(22).
CRIMINAL POSSESSION OF A WEAPON
THIRD DEGREE
(D Felony)
(Possession of Assault Weapon)
PENAL LAW 265.02(7)
(Committed on or after Nov. 1, 2000)
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 knowingly 1
possesses an assault weapon.
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: "assault weapon” "possess," and "knowingly."
ASSAULT WEAPON 2 means
Select as appropriate:
"Assault weapon" means (a) a semiautomatic rifle that has
an ability to accept a detachable magazine and has at least two of
the following characteristics:
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath
the action of the weapon;
(iii) a bayonet mount;
(iv) a flash suppressor or threaded barrel designed to
accommodate a flash suppressor;
(v) a grenade launcher; or
2
(b) a semiautomatic shotgun that has at least two of the
following characteristics:
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath
the action of the weapon;
(iii) a fixed magazine capacity in excess of five rounds;
(iv) an ability to accept a detachable magazine; or
(c) a semiautomatic pistol that has an ability to accept a
detachable magazine and has at least two of the following
characteristics:
(i) an ammunition magazine that attaches to the pistol
outside of the pistol grip;
(ii) a threaded barrel capable of accepting a barrel
extender, flash suppressor, forward handgrip, or silencer;
(iii) a shroud that is attached to, or partially or
completely encircles, the barrel and that permits the shooter
to hold the firearm with the nontrigger hand without being
burned;
(iv) a manufactured weight of fifty ounces or more
when the pistol is unloaded;
(v) a semiautomatic version of an automatic rifle,
shotgun or firearm; or
(d) any of the weapons, or functioning frames or receivers of
such weapons, or copies or duplicates of such weapons, in any
caliber, known as:
(i) Norinco, Mitchell, and Poly Technologies Avtomat
Kalashnikovs (all models);
(ii) Action Arms Israeli Military Industries UZI and Galil;
(iii) Beretta Ar70 (SC-70);
(iv) Colt AR-15;
(v) Fabrique National FN/FAL, FN/LAR, and FNC;
(vi) SWD M-10, M-11, M-11/9, and M-12;
(vii) Steyr AUG;
(viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
(ix) revolving cylinder shotguns, such as (or similar to) the
Street Sweeper and Striker 12;
3 See People v. Longshore, 86 NY2d 851, 852 (1995); People v. Ansare, 96 AD2d 96 (4th
Dept. 1983). Cf. People v. Saunders, 85 NY2d 339, 341-42 (1995).
4See Penal Law § 10.00(8). Where constructive possession is alleged, or where the People
rely on a statutory presumption of possession, insert the appropriate instruction from the
"Additional Charges" section at the end of this article.
3
NOTE: Add and Select as appropriate:
(e) provided, however, that such term does not include: (i)
any rifle, shotgun or pistol that (A) is manually operated by bolt,
pump, lever or slide action; (B) has been rendered permanently
inoperable; or (C) is an antique firearm as defined in 18 U.S.C.
921(a)(16);
(ii) a semiautomatic rifle that cannot accept a detachable
magazine that holds more than five rounds of ammunition;
(iii) a semiautomatic shotgun that cannot hold more than five
rounds of ammunition in a fixed or detachable magazine;
(iv) a rifle, shotgun or pistol, or a replica or a duplicate
thereof, specified in Appendix A to section 922 of 18 U.S.C. as
such weapon was manufactured on October first, nineteen
hundred ninety-three. The mere fact that a weapon is not listed in
Appendix A shall not be construed to mean that such weapon is an
assault weapon; or
(v) a semiautomatic rifle, a semiautomatic shotgun or a
semiautomatic pistol or any of the weapons defined in paragraph
(d) of this subdivision lawfully possessed prior to September
fourteenth, nineteen hundred ninety-four.
NOTE: The charge continues at this point as follows:
The assault weapon need not be loaded, but it must be
operable. To be operable, an assault weapon must be capable of
discharging ammunition.3
POSSESS means to have physical possession or otherwise
to exercise dominion or control over tangible property.4
5See Penal Law § 15.05(2). An expanded definition of “knowingly” is available in the
General Charges section under Culpable Mental States.
4
A person KNOW INGLY possesses an assault weapon when
that person is aware that he or she is in possession of such
weapon..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 an assault
weapon;
2. That the defendant did so knowingly; and
3. That the assault weapon was 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 W eapon in the Third Degree as charged
in the count.

In addition to the lack of a license. In addition to the large magazine feeding devices, making every magazine over 10 rounds an additional felony.

23. "Large capacity ammunition feeding device" means a magazine, belt,
drum, feed strip, or similar device, manufactured after September
thirteenth, nineteen hundred ninety-four, that has a capacity of, or
that can be readily restored or converted to accept, more than ten
rounds of ammunition; 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.


Look under NYS 265.XX and you will find dozens of laws he could have been charged with all just for the weapons and where he possessed them along with the magazines, easily totaling over 20 years.


That is just New York State, don't even get me started citing New York City laws that were broken, we could be here all night. I will simply say it was a great many.


If you drove into the city with a trunk full of such firearms and stayed to visit someone, you could suffer the exact same fate if found out.

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