(NYC) DA 'guns' for the little guy

Discussion in 'Legal and Activism' started by mrreynolds, Sep 12, 2010.

  1. mrreynolds

    mrreynolds New Member

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    Half of the gun scofflaws caught packing heat illegally in the city wriggle out of jail sentences or do only minimal time, despite a get-tough law that's supposed to send them to prison for at least 3½ years.

    That's according to legal papers filed Friday that accuse the Manhattan District Attorney's Office of coddling pistol-loving celebs, including ex-Giant wide receiver Plaxico Burress, rapper Lil' Wayne and rocker David Crosby, while cracking down on average Joes.

    The filing by defense lawyer Mark Bederow says his client, Jonathan Ryan, is Exhibit A of the double standard.

    Prosecutors charged the Florida landscaper with a violent felony -- criminal possession of a weapon in the second degree -- after cops in Midtown found a 9mm pistol and ammo in the glove compartment of his truck during a traffic stop in February.

    But court papers charge that despite Ryan's cooperation with authorities, lack of a criminal record and insistence that he had completely forgotten about the unloaded weapon, prosecutors weren't willing to cut him a break.

    "He has no criminal record," said Bederow, a former prosecutor at the DA's office.

    "He's a decent, religious man trapped under New York's severe gun-possession laws, which are being unjustly applied. They're demanding he do two years for an honest mistake when in many other cases they look the other way. It's absurd."

    Lawmakers upped the minimum for second-degree weapons possession and expanded the charge's reach to include merely possessing a loaded weapon.

    Statistics cited in the documents show that between 2007, when new gun laws went into effect, and last year, 49 percent of city defendants hit with that charge ultimately got violations or misdemeanors, not felonies.

    Lil' Wayne, who has multiple drug arrests, copped to a lesser charge and got a one-year sentence after being nabbed with a .40 caliber pistol in 2007.

    And Burress, who accidentally shot himself with an unlicensed weapon at a nightclub, pleaded to a felony gun count and is serving two years.

    Ryan, 29, was stopped on East 60th Street for making a right on red.

    When took his registration out of the glove compartment, cops spotted the 9mm gun, registered in Florida.

    Bederow claims Ryan, a hero in his hometown after he rescued a drowning child in 2000, simply forgot about the gun.

    [LINK]
     
  2. Angry_bald_guy

    Angry_bald_guy Lifetime Supporting Member Lifetime Supporter

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    The stupidity plaguing the legal system is astounding. I would love to see the 2nd amendment incorporated against the states.
     

  3. dog2000tj

    dog2000tj New Member

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    I'd love to city the NYC break away and float off into the Atlantic, taking along with it all the stupid folks it can hold :cool:
     
  4. Angry_bald_guy

    Angry_bald_guy Lifetime Supporting Member Lifetime Supporter

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    That's one way to get rid of the Mosque at Ground Zero...
     
  5. TXnorton

    TXnorton New Member

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    And the United Nations building along with all of its inhabitants!
     
  6. Jpyle

    Jpyle New Member

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    You silly people...only law abiding working stiffs get prosecuted under gun laws in places like NY and NJ. Career criminals, illegal aliens and celebrities are exempt.

    If I were caught with a gun and no CCW the legal fees and such would bankrupt me...felons with rap sheets a mile long are back on the street in hours with charges reduced or dropped entirely...prison overcrowding BS and such.
     
  7. CA357

    CA357 New Member Supporter

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  8. stalkingbear

    stalkingbear Well-Known Member

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    Where's the NRA when they're seriously needed? They need to start taking up a legal defense fund for him.
     
  9. freefall

    freefall New Member

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    The NRA is not concerned with individual's problems. There is no serious cash to be raised there. Also, in fairness, how would you decide who to aid and who not to. At any rate, they only deal with generalities.
     
  10. Ruger44

    Ruger44 New Member

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    This is a sad story. But that's what happens when you forget where you are going (Fla to NYC) and forget about the gun in the truck. Now this guy will have to pay the price. Sad, so sad. This stuff happens all the time and gun owners MUST be aware of the laws in the other states. I got snagged in New Jersey many years ago while living in Vermont. I got lucky. They had a pre trial intervention program and I was eligible. It cost me $1500.00 for the lawyer and forfeiture of my Ruger .44 Redhawk that I think cost me around $350.00. Add on another $350.00 for a new Redhawk and the lesson cost me some $2700.00. As for the "where's the NRA", lets not jam on them again, they are not responsible for this guys stupidity. And in the end this guy was just plain stupid, just like I was. They do what they can and have been effective in working for gun rights for many years.
     
    Last edited: Sep 13, 2010
  11. M14sRock

    M14sRock New Member

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    NOW we are talking "Party Time"...
     
  12. Swampbilly

    Swampbilly New Member

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    Actually, that's not true. Perhaps you're not aware, but the NRA Civil Rights Defense Fund is exactly for this. Many people, even NRA Members, do not realize that the NRA champions many more 2nd Amendment cases than just the high profile ones you commonly see in the media.

    Here, on this webpage you can select by State and see what other litigation is underway...often this is in defense of individuals or local gun stores. I'm not saying the case in question is valid or not, but there is information on the website listing the criteria to qualify :

    https://www.nradefensefund.org/litigation.aspx


    Here, you can download the Civil Rights Defense Fund's 2008 report with more litigation by State :

    https://www.nradefensefund.org/graphics/2008_CRDF_Annual_Report.pdf


    Regards,

    Swampbilly
     
    Last edited: Sep 14, 2010
  13. skullcrusher

    skullcrusher New Member

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    I don't buy this for one minute, for a few reasons.

    1. How do you forget about a firearm and ammo in your glovebox especially if you are crossing many states and going into a well known anti-gun area?

    2. "...registered in Florida." Since when did the GunShine State have registration?

    3. The story also says he was pulled over for making a 'right on red'. Sometimes that is not illegal, and sometimes it is. So, if he was pulled over then he must have disobeyed the law. Otherwise, it is an illegal search and seizure violation, and the case would be dismissed.

    4. See #1.

    5. See #2.

    6. Burress was charged with illegally possessing a firearm. That stems from being inside a nightclub where it is against the law to have a firearm in NYC.

    7. The guy from Florida seems to be as stupid as Burress and all of the other asshats who think that the law does not apply to them.

    I really hope the guy gets a sentence in accordance with the violation of the law. It makes no difference if one does not agree with the law, and ignorance of such is no defense.

    Let me ask all of the law abiding citizens here something. How many times have you forgotten about being in possession of a concealed firearm especially when travelling long distances and across many state lines? Not an hours drive, but a whole day or two?
     
  14. Swampbilly

    Swampbilly New Member

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    Whether the private seller should have been prosecuted or not, the fact that the purchaser was allowed to walk away with NO penalty is ludicrous. Also, the illegal alien, with the driver's license, should have been detained and deported - he was not.

    That stinks to the high heaven. I have never seen a country so adamant about prosecuting citizens while allowing illegals to skirt the law.


    Regards,

    Swampbilly
     
  15. 556plinker

    556plinker New Member

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    what to do????

    You leave the city, forfeit your bond and return to the gun friendly state of Florida and fight extradition. That would by my course of action, might not win but what the heck.
     
  16. M14sRock

    M14sRock New Member

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    Rereading this thread reminded me about a story from a couple of years ago.

    A guy was flying with a legally declared and stored pistol in his luggage. The plane encountered some type of problem and was forced to detour and land at JFK.

    When the plane landed the guy was taken into custody and booked for illegally bringing a pistol into NYC. He ended up being prosecuted, but I don't remember what the final outcome was.

    Maybe someone remembers that details?
     
  17. Bigdog57

    Bigdog57 New Member

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    Seems to me, as with most big cities that style themselves as bastions of the liberal philosophy, that their very worst career criminals are their leaders - mayors, city commission, DA's........