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I have............one thing.......Id run the numbers to make sure it wasn't stolen
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Actually, some cops swear an oath to uphold the Constitution, and the constitution of the state of NY. And, officers have discretion when it comes to enforcing laws. The Penal Law states, with exceptions such as domestic related crimes, criminal contempt, etc, that officers MAY arrest when certain circumstances exist.
When laws conflict each other, I like to side with the Constitution, especially the rights enumerated in the amendments, supported by reason, and Natural Law.
So if you caught someone with a handgun, not otherwise doing anything wrong, and asked if he had a permit, and if he said, "No, I don't," then you would not arrest him and/or confiscate the gun?
I have............one thing.......Id run the numbers to make sure it wasn't stolen
If this person wasn't doing anything wrong otherwise, how did his handgun come to my attention?
I guess the closest anecdotal incident I have is when I worked in traffic. After stopping a few cars, I've had the driver tell me they have a gun in the car. They volunteered their permit, , I wasn't fishing. I told them to leave it where it is, not to touch it, during our encounter. Their gun wasn't a part of the stop, didn't want to finger fuck it, unload it, etc.
Ok, there was a call to a residence, disturbance or fight or something. There was a pistol sitting on the couch. Nobody there, or who lived there had a permit. Gun was turned for safekeeping, no arrest made.
You know why? Because 'MURICA!!!!11!