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NYS man arrested


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Old 10-18-2013, 05:49 AM   #21
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Originally Posted by kfox75
That is only part of the answer, and one possible outcome. here is a link to the NYSP guide to enforcing the "SAFE" Act, which was released 5 days before the arrest. In the magazine laws section, it clearly states that if there is no other apparent breaking of the law, the police do not have the right to check the number of rounds in your magazine. http://www.scribd.com/doc/174855115/New-York-State-Police-SAFE-Act-Field-Guide Since the driver of the car was the person accused of a crime, and the passenger was not breaking any other law, the officer had no call to count the number of rounds in the magazine. Grounds for dismissal: Unlawful search and seizure.
I was answering the question as to why the guy pleaded "not guilty."

If an arraignment took place that means the judge had already approved the affidavit of probable cause. The only thing the defendant can do at an arraignment is plead guilty not guilty or nolo contendere.
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Old 10-19-2013, 12:51 PM   #22
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He has a good reason to plead Not Guilty. Lockport is not Albany or NY City, Upstate didnt vote for or elect Coumo, were just stuck with him for the time being! 99% of the counties Executives above the Hudson Mason Dixon have out and out rejected the Safe act and are calling for its 100% repeal. There is a very good chance that either the DA, Judge or a Jury will nullify the possible punishment and or conviction even if the search is deemed OK.

We have already had a few cases of nullification in the last few months, every one that falls without prosecution is more ammunition against the Unsafe Act. Giving in with a guilty plea is saying you believe what you did was wrong. Nothing good will come from asking for mercy from the Czar of NY, Andy dont care!

Leaving NY now would be like pouring salt on our own wounds for those of us who have lived through the dad times in NY now that see the tides beginning to turn on the Liberal Progressives. Ive got to stick it out, its worth it to see our Once and Future Great State rise out of the ashes and it will.

Someday soon, we will welcome back the Freedom Lovers, Outdoor Sport/ Recreation junkies, Shooting Enthusiast and last but not least, Businesses and enterprises! Its worth the struggle, NY may be restrictive at the moment to these but we have untapped potential in our Natural and Human Resources to become #1 in the nation again and I am optimistic it will happen soon.
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Old 10-19-2013, 03:45 PM   #23
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Originally Posted by WebleyFosbery38
Giving in with a guilty plea is saying you believe what you did was wrong.
I have high regards for your posts and I have read many of them.

But this is where I don't agree. It may be fact that the only way to escalate a case is to plead not guilty but pleading not guilty to this isn't saying you believe what you did was wrong.

You are saying you admit to breaking the law by carrying 10 rounds not 7.

Perhaps I'm being to much of a purist, but that's me.

On edit from Kfox75 - I do agree with this as sound reason:
Quote:
Since the driver of the car was the person accused of a crime, and the passenger was not breaking any other law, the officer had no call to count the number of rounds in the magazine. Grounds for dismissal: Unlawful search and seizure.
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Old 10-19-2013, 04:34 PM   #24
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Quote:
Originally Posted by wittmeba
I have high regards for your posts and I have read many of them. But this is where I don't agree. It may be fact that the only way to escalate a case is to plead not guilty but pleading not guilty to this isn't saying you believe what you did was wrong. You are saying you admit to breaking the law by carrying 10 rounds not 7. Perhaps I'm being to much of a purist, but that's me. On edit from Kfox75 - I do agree with this as sound reason:
I think you need to read web's post again. He is saying the same thing I am saying. Not guilty means "I didn't do anything wrong." That is what you plead if you are fighting a charge. That is literally the only way you can fight a charge.
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Old 10-29-2013, 10:58 AM   #25
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I think you need to read web's post again. He is saying the same thing I am saying. Not guilty means "I didn't do anything wrong." That is what you plead if you are fighting a charge. That is literally the only way you can fight a charge.


Jamming up the courts and Jury Nullification is the only way Albany will change their minds outside of the vote for our next Governor. To get that chance, you must plead "Not Guilty". What you dont have to say is why your not guilty. Thats for a courtroom and Jury to hear not disclosure at the initial hearing.

The added dynamic of a Jury that doesnt agree with the law as its written should not be downplayed, it can be very powerful. No DA wants their ass handed to them by a Jury and upstate doesnt agree with The Unsafe Act even slightly. With 95 % of County executives in NY decrying The Unsafe Act as BS, the DA knows the people likely feel the same way and they will Sh!tcan a DA quickly if they begin to fear them as a voice of the Gov without any responsibility to the folks that elected them.

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I have high regards for your posts and I have read many of them.
I also like your posts Witt, sorry you disagreed with this one but my feelings are that we have to take this right straight to the mans desk and tell them we wont support them if they dont fight the "Act". Even in NY, we do have federally authorized rights that should never be circumvented by states laws.

The amount of bullets in my weapon is not a concern for anyone but the persons that Ive named those bullets for. Then you dont have to worry about lots of bullets, just the first one that finds its mark, Im a conservationist at heart so dont expect a warning shot!
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Old 10-29-2013, 04:06 PM   #26
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Originally Posted by wittmeba View Post
I have high regards for your posts and I have read many of them.

But this is where I don't agree. It may be fact that the only way to escalate a case is to plead not guilty but pleading not guilty to this isn't saying you believe what you did was wrong.

You are saying you admit to breaking the law by carrying 10 rounds not 7.

Perhaps I'm being to much of a purist, but that's me.

On edit from Kfox75 - I do agree with this as sound reason:
I used to feel similarly. Then I got a few traffic tickets. It's the way the game is played and make no mistake about the fact that it's a game. It's a game of the ruling class exerting power over the citizens.

In this particular case, the guy has a lot more to lose than just points on his license. According to NYSP SAFE act guidelines, this guy pleads guilty and he loses ALL of his firearms. Nobody ever gets rewarded for pleading guilty to the letter of the law. Plead not guilty and the court at least has to work to get a conviction. In most cases a plea of not guilty will at least get you a plea bargain of a reduced charge to avoid the time and expense of a trial. This guy has everything to lose and nothing to gain by pleading guilty.

Edit: This guy didn't have to plead guilty to have his guns taken away, they already have been taken away just because he was arrested.
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Old 10-29-2013, 04:40 PM   #27
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I used to feel similarly. Then I got a few traffic tickets. It's the way the game is played and make no mistake about the fact that it's a game. It's a game of the ruling class exerting power over the citizens.
Then how come as a cop when I get written a ticket (and it HAS happened) I end up having to go to court on it and pay it same as you? (Also HAS happened)
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Old 10-29-2013, 04:59 PM   #28
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Then how come as a cop when I get written a ticket (and it HAS happened) I end up having to go to court on it and pay it same as you? (Also HAS happened)
even though your job is being a cop, did you forget the other hours of the day when you are a US citizen?
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Old 10-29-2013, 05:19 PM   #29
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even though your job is being a cop, did you forget the other hours of the day when you are a US citizen?
That was exactly my point.

So is everyone in that courtroom, so how is that make anyone in the courtroom a member of the 'ruling class?' From cop to judge when they sit in the defendants chair they all get the same treatment. A true ruling class does not.

Are there exceptions? Of course there are. And I've seen other "citizens" receive special treatment too. No system is perfect but ours is still the best in the world. Hopefully we can vote enough of the right people into office to keep it that way.
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Old 10-29-2013, 05:38 PM   #30
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JJ,

Another citizens Constitutional violation!
Wonder what wet behind the ears or puppet cop arrested him for that!
It would be a real simple decision if I were an officer in NY. I would not ask nor look to see how many rounds was in a magazine of a person who was carrying their weapon legally with a CCW. Screw the Governor as well as the City of NY! I would not be a puppet and cater to the bureaucratic machine of NY who violates our Constitutional Rights!

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