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Posted: 8/19/2004 11:21:26 AM EST
[Last Edit: 8/19/2004 1:52:05 PM EST by Balzac72]
Alright guys, you’ll be proud of this one! Remember last week, I was saying how I would do as much as possible to prevent prosecution of good people for bullshit firearms possessions crimes in NY? Well, I’ve already influenced the outcome for an Ohio man, with no priors who was caught in an airport with a pistol. I overheard the conversation and the two ADA’s were ending their conversation with an offer of a Disorderly Conduct with community service and a hefty fine.

Along I come and tell them I’m somewhat of an expert in firearms laws and firearms. They both thought that this guy didn’t have an Ohio pistol permit, since the man didn’t produce one and that he should be as charged on the firearms possession count. Basically, he tried to check the firearm on the belly of the plane and it was discovered. He almost had a clean getaway from the state, but unfortunately was caught smuggling guns OUT of NY instead of in, as is usually the case.

So my suggestion was to ACOD him (adjourn in contemplation of dismissal) which will allow this to be dismissed if he stays good for a year. This guy had prior military service, had no priors and a family. The ADA’s in charge took my suggestion and are going to offer the ACOD on a reduced charge, which basically won’t affect his future ability to purchase or own a firearm.

I never expected to be able to make a difference for you all so quickly, but all I can say is that I’m damned proud today!
Link Posted: 8/19/2004 11:23:28 AM EST
You should become King of NY.
Link Posted: 8/19/2004 11:23:31 AM EST
Buy that man a damn beer!

Good on ya' balzac... The Buckeye State appreciates your support.
Link Posted: 8/19/2004 11:23:44 AM EST
Balzac:
Why not educate them that you dont need a license to own a firearm in Ohio? (at least last I heard you dont)

Kharn
Link Posted: 8/19/2004 11:25:05 AM EST
Not to mention most of the rest of the United States.
Link Posted: 8/19/2004 11:28:31 AM EST
++++++++++++++1

and then

++++++++++++++2

you have done good. may the gods shine brightly upon you this day
Link Posted: 8/19/2004 11:30:27 AM EST
Link Posted: 8/19/2004 11:30:37 AM EST
What do you do if you fly from CA into JFK airport in NY and drive to another state and need to transport your pistol?

What to do if you are on your way back to CA and have to fly out of JFK? How do you transport the pistol through NY State?
Link Posted: 8/19/2004 11:30:40 AM EST
He must be the one person in the country who doesn't know not to bring a gun to the airport, for any reason.
Link Posted: 8/19/2004 11:34:09 AM EST

Originally Posted By Kharn:
Balzac:
Why not educate them that you dont need a license to own a firearm in Ohio? (at least last I heard you dont)

Kharn



Sorry, I forgot to mention that. I did tell them that. They also mentioned that they want to use me as a reference for gun crimes and ballistics in the future. I hope the word spreads!!!!!
Link Posted: 8/19/2004 11:35:03 AM EST

Link Posted: 8/19/2004 11:35:31 AM EST

Originally Posted By DrFrige:
What do you do if you fly from CA into JFK airport in NY and drive to another state and need to transport your pistol?

What to do if you are on your way back to CA and have to fly out of JFK? How do you transport the pistol through NY State?



You simply DO NOT do that. Sorry. Fly directly to the state you're going to or you can mail the firearm to yourself in the state of your final destination. No FFL needed for that one. Its how hunters do it when they fly the unfriendly skies.
Link Posted: 8/19/2004 11:39:29 AM EST
Link Posted: 8/19/2004 11:43:22 AM EST

Originally Posted By Balzac72:
Alright guys, you’ll be proud of this one! Remember last week, I was saying how I would do as much as possible to prevent prosecution of good people for bullshit firearms possessions crimes in NY? Well, I’ve already influenced the outcome for an Ohio man, with no priors who was caught in an airport with a pistol. I overheard the conversation and the two ADA’s were ending their conversation with an offer of a Disorderly Conduct with community service and a hefty fine.

Along I come and tell them I’m somewhat of an expert in firearms laws and firearms. They both thought that this guy didn’t have an Ohio pistol permit, since the man didn’t produce one and that he should be as charged on the firearms possession count. Basically, he tried to check the firearm on the belly of the plane and it was discovered. He almost had a clean getaway from the state, but unfortunately was caught smuggling guns OUT of NY instead of in, as is usually the case.

So my suggestion was to ACOD him (adjourn in contemplation of dismissal) which will allow this to be dismissed if he stays good for a year. This guy had prior military service, had no priors and a family. The ADA’s in charge took my suggestion and are going to offer the ACOD on a reduced charge, which basically won’t affect his future ability to purchase or own a firearm.

I never expected to be able to make a difference for you all so quickly, but all I can say is that I’m damned proud today!



I may have to change my opinion of you ------- damn.
Link Posted: 8/19/2004 11:47:15 AM EST
Link Posted: 8/19/2004 11:47:32 AM EST
Link Posted: 8/19/2004 11:49:14 AM EST

Originally Posted By shotar:
Ohio does not require any license to own a firearm, pistol rifle, or shotgun. There is no such thing. The only license would be to carry one concealed. If this pistol was in his checked luggage on the way through and out of the state, he would likely also be protected under the 1986 Firearms owners protection law since he was in transit through the state at the time. IMHO.



True, but his final destination was NY, so he is screwed. The ACOD will definitely be his best choice though. He'll be able to leave NY and never look back. I'm now going to look into him being able to get his firearm back, although that is less likely.
Link Posted: 8/19/2004 11:52:25 AM EST


FOPA. You can transit through that asshat state as long as your handgun is legal at both ends. Say Ohio to Vermont.
Link Posted: 8/19/2004 11:52:42 AM EST
Link Posted: 8/19/2004 11:53:59 AM EST
Balzac , I may have never in my life been to NY or really want to, but
you my man are doing good work that will hopefully spread.
Thank you

GM
Link Posted: 8/19/2004 11:58:14 AM EST
Link Posted: 8/19/2004 12:28:17 PM EST
I'd prefer an 'ACOG' to the 'ACOD'
Link Posted: 8/19/2004 12:29:30 PM EST

Originally Posted By BenDover:
Buy that man a damn beer!

Good on ya' balzac... The Buckeye State appreciates your support.




+1
Link Posted: 8/19/2004 12:34:16 PM EST
Link Posted: 8/19/2004 12:35:29 PM EST
Link Posted: 8/19/2004 12:37:03 PM EST

Originally Posted By Balzac72:

Originally Posted By Kharn:
Balzac:
Why not educate them that you dont need a license to own a firearm in Ohio? (at least last I heard you dont)

Kharn



Sorry, I forgot to mention that. I did tell them that. They also mentioned that they want to use me as a reference for gun crimes and ballistics in the future. I hope the word spreads!!!!!



There ya' go!

ADA Balzac72 making a difference!
Link Posted: 8/19/2004 12:38:03 PM EST
Link Posted: 8/19/2004 12:41:32 PM EST
Good job Balzac72!
Link Posted: 8/19/2004 12:52:56 PM EST

Originally Posted By Balzac72:
Alright guys, you’ll be proud of this one! Remember last week, I was saying how I would do as much as possible to prevent prosecution of good people for bullshit firearms possessions crimes in NY? Well, I’ve already influenced the outcome for an Ohio man, with no priors who was caught in an airport with a pistol. I overheard the conversation and the two ADA’s were ending their conversation with an offer of a Disorderly Conduct with community service and a hefty fine.

Along I come and tell them I’m somewhat of an expert in firearms laws and firearms. They both thought that this guy didn’t have an Ohio pistol permit, since the man didn’t produce one and that he should be as charged on the firearms possession count. Basically, he tried to check the firearm on the belly of the plane and it was discovered. He almost had a clean getaway from the state, but unfortunately was caught smuggling guns OUT of NY instead of in, as is usually the case.

So my suggestion was to ACOD him (adjourn in contemplation of dismissal) which will allow this to be dismissed if he stays good for a year. This guy had prior military service, had no priors and a family. The ADA’s in charge took my suggestion and are going to offer the ACOD on a reduced charge, which basically won’t affect his future ability to purchase or own a firearm.

I never expected to be able to make a difference for you all so quickly, but all I can say is that I’m damned proud today!



Shame on you! What a freaking dissapointment....

<­BR>

just kidding...Good job!
Link Posted: 8/19/2004 12:53:25 PM EST
[Last Edit: 8/19/2004 12:53:47 PM EST by Scipio]
Oh yeah... whats an "Ohian"? Is that someone from Ohau?
Link Posted: 8/19/2004 12:55:57 PM EST
Balzac, you are the equivalent of Mother Teresa tirelessly saving souls
in the bowels of hell. In this case, NY. And I'm from Queens.
You did good.
Link Posted: 8/19/2004 12:56:51 PM EST

Originally Posted By Scipio:
Oh yeah... whats an "Ohian"? Is that someone from Ohau?


An Ohioian is maybe the only one in the world better than a Teaxacan
Link Posted: 8/19/2004 1:18:12 PM EST
Good job, but I am failing to see the crime. If I am in NY flying out, I cannot, like I can in CA, WA, & OH, declare a firearm in my checked baggage????


WTF is that about????

Even the airlines have the rule, and make you sign a federal form declaring its unloaded.


I say again, WTF?

Link Posted: 8/19/2004 1:44:10 PM EST
Thank you...I take back all the bad things I've said about lawyers
Link Posted: 8/19/2004 1:51:34 PM EST

Originally Posted By CavVet:
Good job, but I am failing to see the crime. If I am in NY flying out, I cannot, like I can in CA, WA, & OH, declare a firearm in my checked baggage????


WTF is that about????

Even the airlines have the rule, and make you sign a federal form declaring its unloaded.


I say again, WTF?




The crime is in the fact that he came to NY for a visit. Exited the plane, took his luggage to a hotel for a week, went about sightseeing (with gun in all likelihood) repacked his luggage, went to the airport and tried to go back home with said gun packed in said luggage. He did all of this without a NYS gun license. You cannot buy pistols in NY without that license or its a crime. Mr. Ohio ran afoul of the NY Penal Law maybe unwittingly, maybe with full knowledge of its criminality. If it were a rifle, it wouldn't have been an issue. Oh yeah, he did not claim the pistol in his luggage either.

He's REALLY lucky that there were no federal charges brought against him or anything brought by the Port Authority. We caught it as a local case, so he'll likely get bounced.
Link Posted: 8/19/2004 1:57:29 PM EST
[Last Edit: 8/19/2004 1:58:53 PM EST by CavVet]
Not claiming it he....

1) Should have been charged .fed

and

2) makes me believe he knew what he was doing was wrong/ was just a maroon who got darwined.


But, assuming I do NOT carry it outside.

I cant legally fly in to NYS with MY gun in MY bag, unloaded and seperate, go to my hotel, it never leave the hotel room, and then unload it and pack it all back and leave legally declaring it at the airport without catcvhing a case????

I say again, WTF....


ETA: MY Dad lives in Cali, and I can even do this to there, totally legal AFAIK, perhaps not now that I am reading this. I have done it a zillion times....
Link Posted: 8/19/2004 2:13:10 PM EST

Originally Posted By BenDover:
Buy that man a damn beer!

Good on ya' balzac... The Buckeye State appreciates your support.



+1 in SPADES! Thank you, thank you, thank you!
Link Posted: 8/19/2004 2:14:43 PM EST
[Last Edit: 8/19/2004 2:15:57 PM EST by racer934]

Originally Posted By CavVet:
I cant legally fly in to NYS with MY gun in MY bag, unloaded and seperate, go to my hotel, it never leave the hotel room, and then unload it and pack it all back and leave legally declaring it at the airport without catcvhing a case????



Nope.


I say again, WTF....


Yup.

On Edit: Balzac - Next round of cold beers is on me. I already knew you to be a solid guy, so this is no surprise.
Link Posted: 8/19/2004 2:19:43 PM EST
Greg ....


Originally Posted By Scipio:
Oh yeah... whats an "Ohian"? Is that someone from Ohau?



Naw, that's someone from Suthen' Ohia (translation: Southern Ohio) ;)
Link Posted: 8/19/2004 2:23:28 PM EST

Originally Posted By racer934:

Originally Posted By CavVet:
I cant legally fly in to NYS with MY gun in MY bag, unloaded and seperate, go to my hotel, it never leave the hotel room, and then unload it and pack it all back and leave legally declaring it at the airport without catcvhing a case????



Nope.


I say again, WTF....


Yup.

On Edit: Balzac - Next round of cold beers is on me. I already knew you to be a solid guy, so this is no surprise.



You guys know how this was rewarded? I was coming home and was driving behind a commercial truck on the parkway (illegal) and a crate fell off of it and I hit it dead on. Damage is minimal, but is definitely visible and really pissed me off.
Link Posted: 8/19/2004 2:32:37 PM EST
U da MAN!!!!
Link Posted: 8/19/2004 2:53:03 PM EST
[Last Edit: 8/19/2004 2:55:25 PM EST by StariVojnik]
Nice work G!
Link Posted: 8/19/2004 2:55:21 PM EST

Originally Posted By Balzac72:

Originally Posted By racer934:

Originally Posted By CavVet:
I cant legally fly in to NYS with MY gun in MY bag, unloaded and seperate, go to my hotel, it never leave the hotel room, and then unload it and pack it all back and leave legally declaring it at the airport without catcvhing a case????



Nope.


I say again, WTF....


Yup.

On Edit: Balzac - Next round of cold beers is on me. I already knew you to be a solid guy, so this is no surprise.



You guys know how this was rewarded? I was coming home and was driving behind a commercial truck on the parkway (illegal) and a crate fell off of it and I hit it dead on. Damage is minimal, but is definitely visible and really pissed me off.



Great work on the ADAs,

WTF?
Did you atleast get the plate # of the truck?
Link Posted: 8/19/2004 2:57:40 PM EST

CavVet: If I understood your question, this is the answer. You can travel through NY, NJ, or any other graveyard of liberty. The guy Balzac helped (good job, Balzac) must have had his brain switched off carrying the gun to rather than through NY.

18 USC Sec. 926A. - Interstate transportation of firearms
Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver's compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console

Link Posted: 8/19/2004 3:44:06 PM EST
Balzac72:

Great job, what do you do that brings you into contact with prosecutors deciding what charges to bring??

BTW I worked for a New York prosecutor's office for 4 years, b/f becoming an LEO exec. New York is not generally the Loci to get caught with an unregistered h/g, the guy is indebted to you big time.
Link Posted: 8/19/2004 3:56:16 PM EST
[Last Edit: 8/19/2004 4:05:06 PM EST by Balzac72]

Originally Posted By Robertesq1:
Balzac72:

Great job, what do you do that brings you into contact with prosecutors deciding what charges to bring??



I AM a prosecutor! I'm an ADA in my county. Didn't you get the memo?


BTW I worked for a New York prosecutor's office for 4 years, b/f becoming an LEO exec. New York is not generally the Loci to get caught with an unregistered h/g, the guy is indebted to you big time.


Yup, and he'll never know.
Link Posted: 8/19/2004 4:01:05 PM EST
[Last Edit: 8/19/2004 4:02:55 PM EST by HeavyMetal]
Link Posted: 8/19/2004 4:51:55 PM EST

Originally Posted By Balzac72:

I AM a prosecutor! I'm an ADA in my county. Didn't you get the memo?.



Oops there I go again posting b/f looking in my inbox

Link Posted: 8/19/2004 4:59:16 PM EST
So he was visiting NY and not travelling through?

CRC
Link Posted: 8/19/2004 5:16:59 PM EST

Originally Posted By Aimless:

Originally Posted By shotar:
Ohio does not require any license to own a firearm, pistol rifle, or shotgun. There is no such thing. The only license would be to carry one concealed. If this pistol was in his checked luggage on the way through and out of the state, he would likely also be protected under the 1986 Firearms owners protection law since he was in transit through the state at the time. IMHO.



Nah the statute says the gun and ammo have to be in locked cases in the luggage compartment, or some language like that, when he takes the pistol from the plane to the car he's screeeeeeeeewed (in my opinion). (assuming he was leaving NY state for somewhere where the pistol was legal)

Good work Greg.



I seem to recall that if you are attendind some sort of sanctioned shooting event, you are good to go for your visit??

I used to shoot IPSC just north of Buffalo and the Canadians would always bring pistols in and out (this was in 1989-1992).
Link Posted: 8/19/2004 5:22:24 PM EST
BRAVO

Make a difference!
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