New York city prosecutor NO jail time for gun possession

Discussion in 'Legal' started by Master Blaster, Jan 9, 2022.

Thread Status:
Not open for further replies.
  1. Master Blaster

    Master Blaster Member

    Joined:
    Dec 26, 2002
    Messages:
    5,519
    Location:
    Delaware home of tax free shopping
    NYC with all other large cities has experienced a surge in violent crime.
    Now they have a new District Attorney/ Chief prosecutor who has instructed his deputies as follows:

    Mr. Bragg has also instructed his prosecutors not to seek jail time for gun possession without an accompanying charge. The commissioner strongly objected to that policy, saying that it “affords people the opportunity to continually possess guns without consequence,” and calling it the issue that most directly affected officers’ safety.

    I do not believe it will lead to legal carry without a license in NYC, because they could charge you with something else.

    Clearly this is only intended for criminal possession by felons.

    But there is potential for an equal protection argument for law abiding gun owners in NYC.

    https://dnyuz.com/2022/01/08/conflict-quickly-emerges-between-top-prosecutor-and-police-commissioner/

    NOT how it was intended.
     
  2. jmorris

    jmorris Member

    Joined:
    Sep 30, 2005
    Messages:
    18,745
    I imagine the way the game is supposed to work, is that you do not remove any law from the books.

    This way they get to pick and choose who they prosecute. Drug dealer with firearms and a wrap sheet so long you have to keep hitting “page down”, he gets the revolving door.

    Some kind of ‘vigilante’ using a firearm to defend themselves that wasn’t registered in the State, you are going down.

    I think they are purposely running people out of their State to seed liberals in States that are not screwed up yet. Rational people think they might change the way they vote. Liberals know better than that though.
     
  3. Master Blaster

    Master Blaster Member

    Joined:
    Dec 26, 2002
    Messages:
    5,519
    Location:
    Delaware home of tax free shopping
    This also appears to negate their main arguement for gun control:

    Public Safety.
     
    woodnbow, D.B. Cooper and armydog like this.
  4. GEM

    GEM Moderator Emeritus

    Joined:
    Apr 11, 2004
    Messages:
    10,212
    Location:
    WNY
    Does this tie into the move/Scotus briefs by the black attorneys to support the NYPSRA suit? They argued the differential laws were based on prejudice and denial of SD rights to minorities.
     
  5. Fyrstyk

    Fyrstyk Member

    Joined:
    May 31, 2019
    Messages:
    526
    Location:
    Central CT
    I thought it was a Federal law that possession of a firearm by a felon was mandatory jail time.
     
    Master Blaster likes this.
  6. CapnMac

    CapnMac Member

    Joined:
    Feb 27, 2009
    Messages:
    11,485
    Location:
    DFW (formerly Brazos County), Texas
    It is. But, that requires federal LE to bring the accused before a US Attorney. And AUSA dockets are very full now (and they only want "sure thing" prosecutions).
     
  7. Speedo66

    Speedo66 Member

    Joined:
    May 31, 2008
    Messages:
    8,524
    Location:
    Flatlandistan
    At sentencing in NY, the ADA can give his recommendation, as can the defense atty, but ultimately it is the judge who decides the sentence.

    Being the political creatures they are, if a defendant has a long rap sheet with violent crimes, a judge would be loath to let them loose in case they commit a violent crime while out that hits the papers, the press would then excoriate the judge. This is what judges fear most, negative publicity which might affect their chance for reelection.

    The DA, also a political creature, is pandering to the masses; liberals and especially the families of criminals.
     
    CoalTrain49 likes this.
  8. jmorris

    jmorris Member

    Joined:
    Sep 30, 2005
    Messages:
    18,745
    I think some of them could care less too but they do have guidelines; however, it isn’t over then either. In the old days, “life” was a sentence that only lasted until they could hang you.

    These days you could get a life sentence and be out in 15 years…
     
  9. Craig_VA
    • Contributing Member

    Craig_VA Contributing Member

    Joined:
    Aug 18, 2007
    Messages:
    945
    Location:
    Arkansas
    Hey! Isn't that what we like to call Constitutional Carry?
     
  10. Spats McGee

    Spats McGee Moderator Staff Member

    Joined:
    Mar 15, 2012
    Messages:
    5,488
    Location:
    Arkansas
    As we have yet to see much discussion of law or legal principles in this thread, I'm going to shut this one down. It might have been better to open this in General Discussions.
     
Thread Status:
Not open for further replies.
  1. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
    By continuing to use this site, you are consenting to our use of cookies.
    Dismiss Notice