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US Army Veteran Arrested in New York for possession of AR15 Magazines

Discussion in 'General Gun Discussions' started by Justin, Feb 1, 2013.

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  1. Justin

    Justin Moderator Emeritus

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    THE CHAIR IS AGAINST THE WALL
    http://www.watertowndailytimes.com/article/20130107/NEWS07/701079944

    Injured veteran arrested in weapons investigation
    By DAVID C. SHAMPINE
    TIMES STAFF WRITER
    MONDAY, JANUARY 7, 2013
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    A former Fort Drum soldier who was injured in special forces training was arrested Sunday night when he was found with prohibited rounds of ammunition, the Jefferson County Sheriff
     
  2. jamesbeat

    jamesbeat Member

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    That doesn't explain what exactly he was arrested for.

    I don't think that the law banning all >10 round magazines has taken effect yet has it?

    Pre-ban magazines were grandfathered in but will soon be illegal under the new law. Did he maybe have already-illegal post-ban magazines?

    It's also possible that he had legal pre-ban magazines but they arrested him anyway...
     
  3. OpelBlitz

    OpelBlitz Member

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    That's sad. :(
     
  4. clamman

    clamman Member

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    Did you read the comment?
     
  5. greenmtnguy

    greenmtnguy Member

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    I also thought that they had until next year to sell out or dispose of those >10 round magazines. And, he didn't even have any ammunition according to the comment? Only empty mags? It is time to turn NYC into the 51 state and let them do whatever they want there and the rest of New York can come back to the land of reality.
     
  6. fanchisimo

    fanchisimo Member

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    I would think if he could get the financial support to fight this, in time this could lead to a supreme court ruling on magazine capacity. It is gonna happen, if we could head off all these magazine bans floating around, that'd save some time. The fact that they were empty and no other gun was present seems to invalidate the felony possession of a weapon. However, you can be arrested just for having the pieces of metal to make a lightning link because those pieces are considered a machine gun.
     
  7. zxcvbob

    zxcvbob Member

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    The police who arrested his were probably in violation of the new law at the time too.
     
  8. Sav .250

    Sav .250 Member

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    What he was or wasn`t has nothing to do with the reported charges.
     
  9. taliv

    taliv Moderator

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    i haven't seen the law, but what i read was that you have a year to get rid of them, but as of the signing of the law you are only allowed to put 7 rounds in the mag. so if he had a 10 round mag and put 8 rounds in it he would be in violation.

    i could be completely mistaken on this
     
  10. jamesbeat

    jamesbeat Member

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    This was probably a case of (currently) legal pre-ban mags + police not knowing the laws that they are enforcing.
    How much do they pay out for wrongful arrest these days?
     
  11. 06

    06 Member

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    Like what Hank Williams Jr said in his old song---"send me to h--- or NY city, it is all the same to me". Made a vow never to return there myself. Our church is active in the Sou. Baptist Disaster Relief Teams and I was asked several times if I was going up. Was going till the unions barred the Georgia Power company from helping them--after they had driven up there. There are just more needs elsewhere that we can go to instead of there. NY is a different place with a different agenda.
     
  12. timmy4

    timmy4 Member

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    The 7 round limitation is stupid. I've spent some time in here arguing for limiting high capacity magazines, but this particular limitation makes no sense even to me.

    I also don't believe that anyone should be arrested for having a high capacity magazine. That's just really stupid as well. Even if they became illegal, at worst you should have to pay a fine. Arrests should only take place in our society when you are actively committing a crime, or in possession of stolen goods, etc.
     
  13. radiotom

    radiotom Member

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    Well, timmy, you reap what you sow.
     
  14. timmy4

    timmy4 Member

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    Do I? Well, perhaps.

    But on the other hand, I could argue just as easily that the NRA and their supporters' refusal to compromise on even the most mild of regulations are what's causing more extreme laws like this one to be enacted. You're vacating the middle ground, and leaving the debate wide open for the extremists to jump in. Folks like me who are moderate on this issue have very little influence at the present time.
     
  15. Solo

    Solo Member

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    Was it the ACLU's fault that we got the PATRIOT Act because they refused to compromise on our rights to privacy, a speedy trial, and trail by jury?
     
  16. jamesbeat

    jamesbeat Member

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    Timmy, I do see your point in a way, but there's a big problem with a moderate stance on gun laws; there isn't one.
    This was referred to in another post here, but I'll point you in the direction so you can read further. Look up 'slippery slope' on wikipedia and scroll down to the part showing Eugene Volokh's Mechanisms of the Slippery Slope.

    This guy wasn't doing any harm. If ever there was a victimless crime, this is it.
     
  17. timmy4

    timmy4 Member

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    No, but not quite an accurate analogy. The ACLU is a loud organization, but they hardly represent millions of people with a single pluralistic goal in mind. I believe the NRA could have compromised on any number of specific issues without compromising their core convictions, and many of these stupid laws could have been prevented.
     
  18. mcdonl

    mcdonl Member

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    Nor will that change. I wanted to try the middle of the road approach. Was actually told by one of my states Senators to either work with SAM (Sportsman Alliance of Maine) or the Maine Handgun Violence Coalition. The far right and far left of the issue.

    Needless to say the SAM will be coming to our next gun club meeting and I am taking an active role to stop any and all bans of anykind. No one in the middle is being heard. Pick a side and fight.
     
  19. timmy4

    timmy4 Member

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    I agree about the victimless crime part. Based on what we know, this guy should NOT have been arrested.

    As to the slippery slope argument, I don't buy it. Every proposed law in this country, regardless of the issues involved, should be considered on it's own individual merits, and not as part of some trend one way or the other. If a law makes sense, we should pass it, and if it doesn't make sense, we should not.
     
  20. radiotom

    radiotom Member

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    There is no middle ground on a constitutionally granted right. You either have it or you don't. They've been taking your proposed "middle ground" for almost a century now, and these 2nd Amendment infractions are becoming more and more frequent. By believing there is still a middle ground shows how little you have been paying attention. The fictitious middle ground is just another device used to bring us closer and closer to the end of 2nd Amendment.
     
  21. Bianchi?

    Bianchi? Member

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    Here's the way it breaks down:

    Before January 2013, the law allowed for possession of 30 round magazines provided they were manufactured before 1994. It was basically the same as the national AWB.

    Under the SAFE Act that was just passed, any magazine capacity over 10 rounds is illegal. Period. Owners of standard capacity magazines have 1 year to get rid of them.

    So the question is: Did the accused posses magazines that were manufactured before 1993?
     
  22. timmy4

    timmy4 Member

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    Just because you were told that by a state senator doesn't mean you have to listen to him. Use your own judgment. If something makes sense to you, or doesn't make sense, then point it out.

    My own views tend to be unpopular both among most gun supporters, and most gun control people. Oh well. Better to be unpopular than to be dishonest with yourself.
     
  23. radiotom

    radiotom Member

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    Probably not. Wow, what a confusing mess of laws.
     
  24. mljdeckard

    mljdeckard Member

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    So, timmy's idea of ideal capacity is more than seven but less than.......based upon....
     
  25. Solo

    Solo Member

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    The ACLU certainly represents millions of people - they have 500,000 members and act for the benefit of a country of over 300 million. As for their goals... pardon me for asking, but can you rephrase "single, pluralistic goal" in a less obtuse fashion?
     
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