Dorryn
Member
You can keep weapons in your car in NY. Not in plain sight perhaps, but hidden is no problem. And no mandatory duty to report it to a cop who pulls you over.
Cops seize Army vet's weapons arsenal
- Thread starter Zedicus
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You can keep weapons in your car in NY. Not in plain sight perhaps, but hidden is no problem. And no mandatory duty to report it to a cop who pulls you over.
DoubleTapDrew
Member
They didn't mention how the .50 caliber will sink aircraft carriers so I wonder if it was a black powder. BP guns will still sink aircraft carriers and shoot the space station out of orbit, but it can take more than 1 shot I hear 
Prince Yamato
Member
It is illegal to have a loaded rifle (with like 1 exception for hunting) in a vehicle in NYS and NYC. AR-15s are legal if they are preban in NYS, but NYC has a much stricter definition of AW. There is no approved list of weapons for NYS or NYC. A 5.7 gun is perfectly legal in NYS with a 10 round magazine (since the gun is post-ban). All weapons in NYC have to be registered with the NYPD in Manhattan. The only approved class 3s are AOWs and they are treated stateside as pistols (Thanks Ithaca Auto and Burglar Gun!).
I think the biggest issue is not the weapons themselves, but the loaded weapons in the vehicle and lack of registration.
damien
Member
Best not to have a collection like this in NYC regardless of your sanity. Sooner or later, it is going to be confiscated.
jobu07
Contributing Member
Misdemeanor. No.
jrfoxx
Member
That was my thought too.if 6 guns is an arsenal, the black helcopters should be landing to take me to Gitmo any time now.....
Neo-Luddite
Member
The story is about an individual man, one who may have issues, but the nugget soundbite they want you to take away is that 'cops have seized an Army Vet's Arsenal'; beware the new boogeyman.
The part I tuned into was the bit about him having been involved in some arson conspiracy and having served time for it. Just funny.
Hey, in fairness--they may have stopped a guy about to go off--but who can say?
The part I tuned into was the bit about him having been involved in some arson conspiracy and having served time for it. Just funny.
Hey, in fairness--they may have stopped a guy about to go off--but who can say?
Conspiracy to commit arson and arson are very different things.
Conspiring to commit arson could be a friend talking about burning down something and the wrong people overhearing and alerting authorities.
The burden of proof for conspiracy charges is very low. They do not have to prove anyone actualy did something illegal, just that they thought about, talked about, or planned to do it.
Usualy someone charged only with conspiracy for something did not actualy do anything, otherwise they have additional charges.
Conspiracy charges however even with thier low burden of proof carry the same sentence and punishment as actualy doing the thing one is charged with conspiring to do.
Conspiring to commit arson could be a friend talking about burning down something and the wrong people overhearing and alerting authorities.
The burden of proof for conspiracy charges is very low. They do not have to prove anyone actualy did something illegal, just that they thought about, talked about, or planned to do it.
Usualy someone charged only with conspiracy for something did not actualy do anything, otherwise they have additional charges.
Conspiracy charges however even with thier low burden of proof carry the same sentence and punishment as actualy doing the thing one is charged with conspiring to do.
steak-knife
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- Nov 18, 2007
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Trigger Lock
Alright THR, here are some facts about this arrest:
(A) Suwei Chuang is a convicted felon, and was sentenced in U.S. District Court for the Eastern District of New York in 1996 to 6 months custody followed by 2 years supervised release (the Federal version of parole).
(B) Last time I checked, convicted felons cannot legally own firearms without getting at the least a Certificate of Relief from Disabilities, which Suwei Chuang does not.
(C) Because Suwei Chuang is a convicted felon, there's now going to be another federal case based on "Trigger Lock" which states that any convicted felon found in possession of firearms will be prosecuted federally, with a mandatory minimum sentence of anywhere from 5 years to 15 years.
I'm a little bit disturbed that some THR members have posted replies that imply that this is some innocent guy, which is also consistant with the anti-LEO undertones found elsewhere in this forum.
Alright THR, here are some facts about this arrest:
(A) Suwei Chuang is a convicted felon, and was sentenced in U.S. District Court for the Eastern District of New York in 1996 to 6 months custody followed by 2 years supervised release (the Federal version of parole).
(B) Last time I checked, convicted felons cannot legally own firearms without getting at the least a Certificate of Relief from Disabilities, which Suwei Chuang does not.
(C) Because Suwei Chuang is a convicted felon, there's now going to be another federal case based on "Trigger Lock" which states that any convicted felon found in possession of firearms will be prosecuted federally, with a mandatory minimum sentence of anywhere from 5 years to 15 years.
I'm a little bit disturbed that some THR members have posted replies that imply that this is some innocent guy, which is also consistant with the anti-LEO undertones found elsewhere in this forum.
jaholder1971
Member
1. Convicted felon.
2. Felon in possession of weapons that are illegal to own in NYC (Yeah, I don't like the "illegal weapons" thing, but it's NYC, whaddaya gonna do?)
Nothing to see here, I'm moving on...
2. Felon in possession of weapons that are illegal to own in NYC (Yeah, I don't like the "illegal weapons" thing, but it's NYC, whaddaya gonna do?)
Nothing to see here, I'm moving on...
doc2rn
Member
Steak knife
Innocent until proven guilty......has a familiar ring.
Innocent until proven guilty......has a familiar ring.
ConstitutionCowboy
member
From the Article said:
Sounds like a felony. steak-knife has the scoop on that.
From the Article said:
Best guess: He applied to the NYPD to become a cop.
Zedicus said:
It appears Chuang was a felon and wouldn't have been able to purchase arms through normal channels, or he owned them before his plea of guilty unbeknownst to the court. The NICS wouldn't have stopped him.
Looking at the picture, I do believe the "machine gun", supposedly a FN P90 really is an FN PS90, semi-auto. It's on the table in front of the computer tower with its magazine draped across the butt stock, and I believe I can see a length of barrel sticking out the front of the gun with its little flash hider and it's about the right length to be the 16" barreled PS90.
The .50 cal might be a black powder rifle. It looks like one to the left of the computer tower atop a cardboard carton.
Nice cache of knives, too, by the looks.
Woody
"Charge the Court, Congress, and the several state legislatures with what to do with all the violent criminals who cannot be trusted with arms. We law abiding citizens shouldn't be burdened with having to prove we are not one of the untrustworthy just because those in government don't want to stop crime by keeping violent criminals locked up." B.E. Wood
Talk alone is not sufficient to prove conspiracy. The prosecution generally must prove that "overt acts" were committed. The overt acts themselves do not have to be crimes, but they must further the conspiracy and be more than just talk or plans. For instance, renting a truck could be an overt act in a car bombing conspiracy. See http://www.lectlaw.com/def/c103.htm
Cmdr. Gravez0r
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That's a new one.
Airborne01
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The fact that they use the information that he failed a phsyc eval for the police is a pathetic way to determine mental stability. most of the reasons people fail the police application process is because of the phsyc eval. i served with a fellow soldier who passed every test special forces could throw at him except the phsyc eval and he still served a year and a half tour in iraq honorably.
Interesting how they go on about the 'arsenal' of weapons, 6 total... And the ammunition in the trunk and house. They have 'implied' that if the police hadn't caught this man, he'd be tearing up downtown NYC with his rifle... Guilty until proven innocent.
steak-knife
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doc2rn
However, on the federal level, all the U.S. Attorney's Office needs is a preponderance of evidence (51%) for an indictment. On top of that, federal prosecutors also have a 99% conviction rate.
With that said, I'd say there's a high probaility that this guy is done for.
Yes, of course you are correct. We're not under that other justice system where someone is guilty until proven innocent. At least not yet.
However, on the federal level, all the U.S. Attorney's Office needs is a preponderance of evidence (51%) for an indictment. On top of that, federal prosecutors also have a 99% conviction rate.
With that said, I'd say there's a high probaility that this guy is done for.
A loaded AR15 with scope plus 800 rounds of ammo in car in NYC! 
This is definitely a recipe for disaster. Who knows what this guy was getting ready to do. LE cannot afford to wait until something bad happens before taking action. Even without the girl friend's tip an exposed AR15 in NYC is something that needs to be investigated immediately. This individual was advertising, he wanted folks to see his AR15 --- Scary. In this case it was appropriate to be concerned about public safety and NYPD did just that.
Great Job NYPD!
In reference to Suwei Chuang's "Arsenal":
The number of guns, knives, etc, a person has does not make one a threat to society, but erratic or inappropriate behavior with them certainly invites LE scrutiny as it should.
This is definitely a recipe for disaster. Who knows what this guy was getting ready to do. LE cannot afford to wait until something bad happens before taking action. Even without the girl friend's tip an exposed AR15 in NYC is something that needs to be investigated immediately. This individual was advertising, he wanted folks to see his AR15 --- Scary. In this case it was appropriate to be concerned about public safety and NYPD did just that.
Great Job NYPD!
In reference to Suwei Chuang's "Arsenal":
The number of guns, knives, etc, a person has does not make one a threat to society, but erratic or inappropriate behavior with them certainly invites LE scrutiny as it should.
Probably a felon. All of them illegal for him. New York State has an AW ban. PS90 illegal, and its magazines. Even if his AR15 and its mags were grandfathered under New York State AW ban, New York City has an even stricter AW ban, so its illegal under that. Probably illegal in NYC to have a loaded rifle in car. Possible enhanced penalties for an AW weapon. Sure doesn't sound he had the NYC permits for his stuff. Possibly a stolen Glock. And if his girlfriend had filed a restraining order it would have all been confiscated anyway.
Sure the paper is hyping it a little. It sells papers. Still it is a decent collection, worth a bit, and 28,000 rounds is a bit more then the 200 rounds they usually yap about.
This guy sounds like he has a screw loose, and he is definitely toast. Let's say he is not a felon; if he loves collecting guns that much he sure shouldn't live in NYC.
And no way he is going to call his lawyer and get them back the next day
Sure the paper is hyping it a little. It sells papers. Still it is a decent collection, worth a bit, and 28,000 rounds is a bit more then the 200 rounds they usually yap about.
This guy sounds like he has a screw loose, and he is definitely toast. Let's say he is not a felon; if he loves collecting guns that much he sure shouldn't live in NYC.
And no way he is going to call his lawyer and get them back the next day
True, but conviction still requires guilt beyond a reasonable doubt, and a prosecutor who indicts someone who he's not likely to convict is wasting everybody's time. As the former foreman of a federal grand jury, I can tell you that most of our votes for indictment were unanimous. Not because we were a rubber stamp of the prosecution, but because the evidence was strong.
The burden of proof for conspiracy charges is very low. They do not have to prove anyone actualy did something illegal, just that they thought about, talked about, or planned to do it.
No they do not have to prove anyone did anything illegal except:
1. Agree to commit a crime, and
2. Commit an overt act (not an illegal act but one that is in futherance of the conspiracy, in arson it may be buying a can of gasoline)
I don't think that if #1 and #2 are accomplished you really want the police to wait until they set fire to something.
In this case,
1. Someone was threatened (the girl).
2. NYPD found a loaded weapon in his vehicle, a crime (just as they did David Berkowitz, I suppose they should have let him go too).
3. The guy has a felony "GUILTY PLEA" that means he admitted he did it, no appeal rights.
4. A "subsequent search" of his apartment doesn't say with or without a warrant or consent. That will come up in his trial. I can think of several ways to justify a warrantless search.
He was a US Army veteran. Doesn't say if he was a Ranger, cook, finance clerk or whatever. There are many veterans who are criminals. I can't see why being a veteran (I'm one) should give you any breaks in the criminal justice system. Physcological tests for things like Special Forces concentrate a lot on ability to think independently and not likely to abuse your position just like police tests do. The article quotes he had poor stress tolerance, judgement, impulse control, and immaturity. Any one of those things would prevent you from being selected for Special Forces or the police department and they should.
I say good job NYPD!
Many here have made him some kind of martyr. This is exactly what anti-gun people can use for ammunition in arguing for more gun laws.
No they do not have to prove anyone did anything illegal except:
1. Agree to commit a crime, and
2. Commit an overt act (not an illegal act but one that is in futherance of the conspiracy, in arson it may be buying a can of gasoline)
I don't think that if #1 and #2 are accomplished you really want the police to wait until they set fire to something.
In this case,
1. Someone was threatened (the girl).
2. NYPD found a loaded weapon in his vehicle, a crime (just as they did David Berkowitz, I suppose they should have let him go too).
3. The guy has a felony "GUILTY PLEA" that means he admitted he did it, no appeal rights.
4. A "subsequent search" of his apartment doesn't say with or without a warrant or consent. That will come up in his trial. I can think of several ways to justify a warrantless search.
He was a US Army veteran. Doesn't say if he was a Ranger, cook, finance clerk or whatever. There are many veterans who are criminals. I can't see why being a veteran (I'm one) should give you any breaks in the criminal justice system. Physcological tests for things like Special Forces concentrate a lot on ability to think independently and not likely to abuse your position just like police tests do. The article quotes he had poor stress tolerance, judgement, impulse control, and immaturity. Any one of those things would prevent you from being selected for Special Forces or the police department and they should.
I say good job NYPD!
Many here have made him some kind of martyr. This is exactly what anti-gun people can use for ammunition in arguing for more gun laws.
Roswell 1847
member
I once had to take a capped stick of Dynamite away from a guy who was building a bomb to blow up his ex wife. When I walked in he was assembling the bomb on the coffee table right in front of a color TV, one of the old ones that you can feel the static electricity and radition coming off of.
I'd heard that a radio can cause a cap to ignite so I figured there was no time for trying any Dr Phil approach. It was a hell of a fight, the guy was built better than the Arnold when he played Conan and a legendary bar fighter around here. With right on my side, plus Adrenaline and crafty blow from a twelve ounce glass coke bottle, I prevailed. Even after the guy hit the floor the first time we ended up grappling on the floor till I managed to get him in a sleeper hold.
I got little use for Grown Men who can't handle rejection from a female.
I have to say that other than that incident, and occasional binges, my Mad Bomber friend was one of the finest people I've ever known.
I'd heard that a radio can cause a cap to ignite so I figured there was no time for trying any Dr Phil approach. It was a hell of a fight, the guy was built better than the Arnold when he played Conan and a legendary bar fighter around here. With right on my side, plus Adrenaline and crafty blow from a twelve ounce glass coke bottle, I prevailed. Even after the guy hit the floor the first time we ended up grappling on the floor till I managed to get him in a sleeper hold.
I got little use for Grown Men who can't handle rejection from a female.
I have to say that other than that incident, and occasional binges, my Mad Bomber friend was one of the finest people I've ever known.
Cesiumsponge
Member
I have found links to an 11 picture photo gallery of this "arsenal"
http://www.newsday.com/news/local/newyork/am-arsenal0104-gallery,0,3510550.photogallery
radios, a vest, some hard plates, gas masks, 40 combat knives, crossman air guns, a NORMAL FN PS90 with a 16" barrel, lots of assorted small lots of ammo (gee...as if the guy bought little by little from stores when it was on sale!)
Looks like any normal enthusiast's collection. Not to say anything about his character because we don't know anything about him, but nothing looks terribly out of place.
http://www.newsday.com/news/local/newyork/am-arsenal0104-gallery,0,3510550.photogallery
radios, a vest, some hard plates, gas masks, 40 combat knives, crossman air guns, a NORMAL FN PS90 with a 16" barrel, lots of assorted small lots of ammo (gee...as if the guy bought little by little from stores when it was on sale!)
Looks like any normal enthusiast's collection. Not to say anything about his character because we don't know anything about him, but nothing looks terribly out of place.
jakemccoy
Member
It cracks me up when people throw around the "felon" term as if they're angels. It really doesn't take much to become a felon. I'll bet most people on this forum have committed at least a few felonies. They just haven't been caught. If you claim you haven't, you're probably just not thinking hard enough.
Removing a man's right to own guns because he's a prior convicted felon amounts to painting him with an overly broad brush. For example, tax evasion or breaking into the school gym to perform a harmless prank, these are felonies. There are many more such examples. I'll bet a handful of folks here have been in conspiracies to commit arson and have just not been caught. Nothing happened of it. You still enjoy your fake "law abiding citizen" status.
The general rule needs reform to apply only to certain violent felonies. Maybe the particular felony on this guy here is justified to prevent him specifically from owning firearms. That's not my point. My point is that applying the broad status of "felon" can easily infringe on a man's inherent right to defend himself.
Removing a man's right to own guns because he's a prior convicted felon amounts to painting him with an overly broad brush. For example, tax evasion or breaking into the school gym to perform a harmless prank, these are felonies. There are many more such examples. I'll bet a handful of folks here have been in conspiracies to commit arson and have just not been caught. Nothing happened of it. You still enjoy your fake "law abiding citizen" status.
The general rule needs reform to apply only to certain violent felonies. Maybe the particular felony on this guy here is justified to prevent him specifically from owning firearms. That's not my point. My point is that applying the broad status of "felon" can easily infringe on a man's inherent right to defend himself.
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