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Posted: 11/12/2018 7:49:38 AM EDT
[#1]
7? 10? Who the fuck knows. So glad I’m out of that shithole.
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Posted: 11/12/2018 7:50:53 AM EDT
[#2]
Tyranny, it is.
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Posted: 11/12/2018 10:21:44 AM EDT
[#3]
Someone wasn't briefed on that portion of the SAFE act being overturned.
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Posted: 11/12/2018 10:49:15 AM EDT
[#4]
hopefully this guy when it gets dropped he sues who every arrested him and the pd that allowed it.
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Posted: 11/12/2018 11:29:08 AM EDT
[#5]
Quote HistoryQuoted:
Someone wasn't briefed on that portion of the SAFE act being overturned. |
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Posted: 11/12/2018 11:38:46 AM EDT
[#6]
Quote HistoryQuoted:
hopefully this guy when it gets dropped he sues who every arrested him and the pd that allowed it. |
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Posted: 11/12/2018 11:47:37 AM EDT
[#7]
The story will be buried and it won't help any of us down the road.
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Posted: 11/12/2018 12:07:24 PM EDT
[#8]
They'll drop that part of the charge, it was the early "charge with everything and we can sort it out later"
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Posted: 11/12/2018 12:51:39 PM EDT
[#9]
NYSRPA SCOPE NRA should be pushing for prosecution of the offending LEO and organizing protests at their residences. But nothing will happen there either. Instead they will have protests in Albany against SAFE 2 when nobody is in office and all the Dems will laugh at us.
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Posted: 11/12/2018 1:13:37 PM EDT
[#10]
Does Buffalo have some sort of city ordinance on this regardless of the Safe act?
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Posted: 11/12/2018 2:00:26 PM EDT
[#11]
Quote HistoryQuoted:
Does Buffalo have some sort of city ordinance on this regardless of the Safe act? Note too that judge scratchy didn’t set the limit at 10. He said 7 was unconstitutional. Then he rambled about 10 round mags but again did not say a 10 round limit was somehow constitutional. |
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Posted: 11/12/2018 2:02:24 PM EDT
[#12]
Wouldn’t the NAACP, ACLU and the PB&J take this as far as they can to defend the civil rights of these urban young men?
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Posted: 11/12/2018 4:24:40 PM EDT
[#13]
Quote HistoryQuoted: Doesn't matter it was shot down as unconstitutional. Note too that judge scratchy didn't set the limit at 10. He said 7 was unconstitutional. Then he rambled about 10 round mags but again did not say a 10 round limit was somehow constitutional. |
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Posted: 11/12/2018 4:25:51 PM EDT
[#14]
It's also worth mentioning that they caught these guys with all sort of alcohol/marijuana related stuff. The magazines were just the last tidbit of stuff they were hit with, so yeah, it's all about forcing the plea deal out of them and not much to do with real laws.
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Posted: 11/12/2018 4:34:55 PM EDT
[#15]
Quote HistoryQuoted:
Wouldn't the NAACP, ACLU and the PB&J take this as far as they can to defend the civil rights of these urban young men? 
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Posted: 11/12/2018 5:26:14 PM EDT
[#16]
Gotta be fake news.
After all, how often have we been assured that this kind of thing would NEVER happen? The police are our friends. |
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Posted: 11/12/2018 6:51:16 PM EDT
[#17]
Can someone cut and paste the article please. I am not signing up for my "free trial" to the buffalo news...
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Posted: 11/12/2018 6:52:38 PM EDT
[#18]
Buffalo does have a city level 5 round limit. As far as I can see it's the exact text we have in Rochester.
Soros or Bloomburg wrote it? https://ecode360.com/11767297 |
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Posted: 11/12/2018 7:30:36 PM EDT
[#19]
Cities are stupid.
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Posted: 11/12/2018 7:39:19 PM EDT
[#20]
logo
4 Buffalo men charged with gun possession, SAFE Act violation By Aaron Besecker | Published November 9, 2018 Four Buffalo men were arrested Wednesday night and charged with weapons possession after a loaded handgun was found in their vehicle, according to a police report. Police pulled the vehicle over at about 10:20 p.m. after the driver, identified as Dorrell Foster, 27, failed to stop at a stop sign at Olympic and Alma avenues. In addition to a handgun, two full 10-round magazines – the possession of which became illegal under the SAFE Act – were found in a backpack in the rear passenger seat, according to the report. The SAFE Act makes it illegal for magazines to be loaded with more than seven rounds of ammunition, with exceptions for gun ranges or shooting competitions. Foster and three passengers – identified in the report as Jalen M. Anderson, 24; David C. Williams Jr., 21; and Joshua A. Barnes, 27 – were charged with second-degree criminal possession of a weapon and unlawful possession of an ammunition feed device. Foster and Barnes also were charged with marijuana possession. Foster was ticketed for failure to stop at a stop sign and drinking alcohol in a motor vehicle, according to the report. |
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Posted: 11/12/2018 7:46:04 PM EDT
[#21]
Quote HistoryQuoted: Nothing will happen except the victim will spend a fortune to defend himself. And everyone is of course glossing over the arrest for the handgun, which means it was illegally possessed. For anyone unfamiliar with Buffalo, that area is a complete, crime ridden shithole. I am not excusing the unSAFE act or supporting it, but just because some person is charged with it, I’ve never understood why people here make a snap judgement that the offender is automatically a right wing, liberty loving, contributing member of society being unjustly targeted by jack booted thugs. |
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Posted: 11/12/2018 10:41:50 PM EDT
[#22]
Quote HistoryQuoted: No they won’t. They will be assigned a public defender and the gun charges will get dropped or they will plea it down to dis con. And everyone is of course glossing over the arrest for the handgun, which means it was illegally possessed. For anyone unfamiliar with Buffalo, that area is a complete, crime ridden shithole. I am not excusing the unSAFE act or supporting it, but just because some person is charged with it, I’ve never understood why people here make a snap judgement that the offender is automatically a right wing, liberty loving, contributing member of society being unjustly targeted by jack booted thugs. |
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Posted: 11/12/2018 11:10:10 PM EDT
[#23]
Quote HistoryQuoted: No they won’t. They will be assigned a public defender and the gun charges will get dropped or they will plea it down to dis con. And everyone is of course glossing over the arrest for the handgun, which means it was illegally possessed. For anyone unfamiliar with Buffalo, that area is a complete, crime ridden shithole. I am not excusing the unSAFE act or supporting it, but just because some person is charged with it, I’ve never understood why people here make a snap judgement that the offender is automatically a right wing, liberty loving, contributing member of society being unjustly targeted by jack booted thugs. |
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Posted: 11/13/2018 1:27:59 AM EDT
[#24]
Quote HistoryQuoted:
Buffalo does have a city level 5 round limit. As far as I can see it's the exact text we have in Rochester. Soros or Bloomburg wrote it? https://ecode360.com/11767297 Wtf. Also, the 10 in a 10 rounder is BS regardless of the situation. |
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Posted: 11/13/2018 7:58:47 AM EDT
[#25]
This is again an example of the difficulties of getting a good challenge. They tack the SAFE Act charges onto other violations for people you would not ever want to associate with. You never seem to get your fine upstanding citizen with a clean record, church deacon and pillar of the community. Perhaps that is a good thing but you wind up with defendants that you need to hold your nose with when they are being defended.
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Posted: 11/13/2018 8:25:26 AM EDT
[#26]
Sounds like a bunch of assholes got caught up and some dumb ass meter maid doesn’t know the laws.
That mag capacity charge will be tossed but sure sounds like they were packing without a permit so. Buffalo cops can be ignorant as hell. |
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Posted: 11/13/2018 10:24:19 AM EDT
[#27]
[Deleted]
are we sure the "weapons charge" is for the handgun and not the mags? Seems odd to have an illegal handgun but have ten round mags, course driving around drinking doesn't sound like someone with a ccw |
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Posted: 11/13/2018 10:41:17 AM EDT
[#28]
Quote HistoryQuoted:
[Deleted] are we sure the "weapons charge" is for the handgun and not the mags? Seems odd to have an illegal handgun but have ten round mags, course driving around drinking doesn't sound like someone with a ccw |
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Posted: 11/13/2018 6:52:06 PM EDT
[#29]
Quote HistoryQuoted: Nothing in the article says that the handgun was illegal. It only mentions the unSAFE charges for the 10-rounders. 265.03 Criminal possession of a weapon in the second degree. A person is guilty of criminal possession of a weapon in the second degree when: (1) with intent to use the same unlawfully against another, such person: (a) possesses a machine-gun; or (b) possesses a loaded firearm; or (c) possesses a disguised gun; or (2) such person possesses five or more firearms; |
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Posted: 11/13/2018 8:09:08 PM EDT
[#30]
Take a good hard look at the Google Street View where they were stopped: What do you think of the neighborhood?
What would you do if you rolled up there? The Sullivan Act is the most raciest, and archaic Law in the Country, one aimed at the suppression of handguns in a City four hundred miles away....right or wrong, the Law(s) are bullshit. |
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Posted: 11/14/2018 2:27:54 AM EDT
[#31]
Quote HistoryQuoted: "Foster and three passengers – identified in the report as Jalen M. Anderson, 24; David C. Williams Jr., 21; and Joshua A. Barnes, 27 – were charged with second-degree criminal possession of a weapon and unlawful possession of an ammunition feed device." 265.03 Criminal possession of a weapon in the second degree. A person is guilty of criminal possession of a weapon in the second degree when: (1) with intent to use the same unlawfully against another, such person: (a) possesses a machine-gun; or (b) possesses a loaded firearm; or (c) possesses a disguised gun; or (2) such person possesses five or more firearms; |
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Posted: 11/14/2018 11:12:49 AM EDT
[#32]
Quote HistoryQuoted: Buffalo and Rochester have 5 round limits? Wtf. Also, the 10 in a 10 rounder is BS regardless of the situation. |
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Posted: 11/14/2018 1:28:35 PM EDT
[#33]
NYC is 5 rounds on rifles and shotguns:
https://www1.nyc.gov/assets/nypd/downloads/pdf/nysafeact_letter.pdf Interesting that this 2013 NYPD letter states the limit of 7 in a 10 round magazine. The letter is still live on the NYC.GOV website and has no updates. |
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Posted: 11/14/2018 1:41:37 PM EDT
[#34]
Quote HistoryQuoted:
Wait what? So your telling me I can't have 10 rounds in my hand gun in Rochester? Quote HistoryQuoted:
Quoted: Buffalo and Rochester have 5 round limits? Wtf. Also, the 10 in a 10 rounder is BS regardless of the situation. |
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Posted: 11/14/2018 1:44:08 PM EDT
[#35]
Quote HistoryQuoted:
It's the fucking shitfuck of local preemption laws. |
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Posted: 11/14/2018 1:53:11 PM EDT
[#36]
The local law would be above and beyond state law so yes, technically 10 rounds is no good.
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Posted: 11/14/2018 3:38:19 PM EDT
[#37]
Unconstitutional is unconstitutional. Supercedes local restrictions.
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Posted: 11/14/2018 4:57:27 PM EDT
[#38]
Quote HistoryQuoted:
I believe firearm for the purpose of that law is for somebody who doesn't have a permit Quote HistoryQuoted:
Quoted: "Foster and three passengers – identified in the report as Jalen M. Anderson, 24; David C. Williams Jr., 21; and Joshua A. Barnes, 27 – were charged with second-degree criminal possession of a weapon and unlawful possession of an ammunition feed device." 265.03 Criminal possession of a weapon in the second degree. A person is guilty of criminal possession of a weapon in the second degree when: (1) with intent to use the same unlawfully against another, such person: (a) possesses a machine-gun; or (b) possesses a loaded firearm; or (c) possesses a disguised gun; or (2) such person possesses five or more firearms; |
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Posted: 11/14/2018 6:54:55 PM EDT
[#39]
Quote HistoryQuoted:
The local law would be above and beyond state law so yes, technically 10 rounds is no good. |
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Posted: 11/15/2018 2:35:55 AM EDT
[#40]
Quote HistoryQuoted:
Is this just for Rochester city limits? Or Monroe county Quote HistoryQuoted:
Quoted:
The local law would be above and beyond state law so yes, technically 10 rounds is no good. I had no idea. Wonder how many people are violating this unknowingly. |
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Posted: 11/15/2018 4:15:01 AM EDT
[#41]
Quote HistoryQuoted:
Unconstitutional is unconstitutional. Supercedes local restrictions. |
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Posted: 11/15/2018 6:49:01 AM EDT
[#42]
Quote HistoryQuoted: Anyone know this? I had no idea. Wonder how many people are violating this unknowingly. |
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Posted: 11/15/2018 12:54:02 PM EDT
[#43]
Its a City law, its a violation at best
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Posted: 11/15/2018 1:40:13 PM EDT
[#44]
Pretty sure LONG guns in Rochester are limited to 5 round mags.
Handguns aren't part of that law. Either way, ignore it. Unconstitutional BS. Monroe County does not have a mag law at all. |
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Posted: 11/15/2018 3:12:23 PM EDT
[#45]
I bet Andrew Hollister would be able to answer the mag capacity thing in Rochester question...
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Posted: 11/15/2018 5:02:08 PM EDT
[#46]
Quote HistoryQuoted:
Pretty sure LONG guns in Rochester are limited to 5 round mags. Handguns aren't part of that law. Either way, ignore it. Unconstitutional BS. Monroe County does not have a mag law at all. |
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Posted: 11/15/2018 9:01:40 PM EDT
[#47]
Wasn't it actually 10 rounders are ok as long they're not loaded with more than 7 rounds in them? I was under the impression the court told the state that 7 round mags were not reasonabe so 10 rounders are ok as long not loaded with more than 7. Article says fully loaded so that's 10 rounds isn't it?
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Posted: 11/15/2018 9:36:18 PM EDT
[#48]
Quote HistoryQuoted:
Wasn't it actually 10 rounders are ok as long they're not loaded with more than 7 rounds in them? I was under the impression the court told the state that 7 round mags were not reasonabe so 10 rounders are ok as long not loaded with more than 7. Article says fully loaded so that's 10 rounds isn't it? So NY State law says 10 round magazine, period. Load it, throw another in the chamber and you are good to go. |
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Posted: 11/16/2018 12:27:54 AM EDT
[#49]
Quote HistoryQuoted: No, the federal court ruled it was stupid to think that criminals would only load 7 rounds into a 10 round magazine, and was tossed out. Pretend the 7 round discussion never existed... So NY State law says 10 round magazine, period. Load it, throw another in the chamber and you are good to go. "Chief U.S. District Judge William M. Skretny in Erie County, struck down the component that had made it illegal for individuals to load more than seven-rounds of ammunition into a magazine capable of holding 10-rounds. So Western NY was back to 10-rounds while Eastern NY was still at seven. Then the 2nd Circuit of the United States Court of Appeals upheld the lower-courts ruling! A small win, but a win nonetheless. Unfortunately, that is not the final straw! A Judge or Court ruling does not change the law. Technically it is still law until the law is amended." Section 265.37 of the Penal law has not been changed by the legislature, and is still on the books. That's is how they were charged with it. Can't charge someone with a law that doesn't exist. 265.37 Unlawful possession of certain ammunition feeding devices. It shall be unlawful for a person to knowingly possess an ammunition feeding device where such device contains more than seven rounds of ammunition. |
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Posted: 11/16/2018 8:08:37 AM EDT
[#50]
Quote HistoryQuoted: Is this just for Rochester city limits? Or Monroe county |
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