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9/22/2017 12:11:25 AM
Posted: 8/9/2005 3:20:40 PM EDT
Another board member told me today of a friend of his who got into a pinch over some illegal fireworks and in his car was a folding Kel-Tec and a postban 30 round magazine.
Seems the poor bastard was charged with "Posession of a weapon during the comission of a crime".
This made me wonder what other crimes could this charge be applied: How about being stopped for DWI/DUI on the way home from trap shooting? Traffic violations are violations of the law...are there any limitations on how far this can be pushed and up until now really hasn't?
I can just see it now: Driving thru Syracuse, hit some idiot Jay-walking, get charged with vehicluar manslaughter, they find my CCW, and BAMMO! the rookie thinks he's gonna get a promotion for this bust.
Someone please tell me I'm over reacting...Jeez the more I think about that guy getting spanked with a manditory sentenceing felony the more agitated I get. All over freaking fireworks that ARE legal in almost every state in the union!
Link Posted: 8/9/2005 4:06:46 PM EDT
[Last Edit: 8/9/2005 4:22:38 PM EDT by MasterC]
I know...its hard to think about, especially when my family gets "special" fireworks every year to celebrate the 4th, New York likes to scare and harass the average american civilian. And the people that do deserve to be locked up get out with a slap on the wrist or get away because they plead it had somthing to do with a racial assult. Not to mention anyone thats willing to kill or hurt sum1 with a firearm would obviously discard the law anyway and maybe even be carrying a matic(hence the stupidity of a AWB)My 11 year old son got ambushed by 2 cops while he was riding his 50cc dirtbike right in front of my house(which is not a busy road at all, he wanted to try it out because he got it for christmas) they blocked him off like he was going to run, then started cursing at him to shut off the bike....he was scared shitless, so i walked over and thank-god they left with a warning(just another example that the law is targeting the wrong people) Now my son is paranoid of riding his bike, we always have to look over our sholders even on the few "legal" places to ride......though any time you know you are doing somthing illegal you ARE taking a chance
Link Posted: 8/9/2005 5:26:17 PM EDT
[Last Edit: 8/9/2005 5:27:02 PM EDT by Andreuha]
Master C pretty much hit it on the head.

Also, All this reverse-discrimination bullshit is making me sick; they pick on all the wrong people on purpose just so nobody can complain. It's getting hard to be a middle-class whiteguy in this 'civilized' world

Thankfully he didn't have a couple of M80's on hand. He'd probably be charged with conspiracy to no-knock someone's house. I really hope all goes well for him.


Oh well, atleast some post-soviet peoples are rising up with the right notions
Link Posted: 8/9/2005 5:38:00 PM EDT
[Last Edit: 8/9/2005 5:42:37 PM EDT by ACDer]
You said "post ban" magazine-did you mean that? Because that would be a felony (assuming this happened in NY state) and I have no sympathy for the fellow then.
Link Posted: 8/9/2005 6:52:21 PM EDT

Originally Posted By ACDer:
You said "post ban" magazine-did you mean that? Because that would be a felony (assuming this happened in NY state) and I have no sympathy for the fellow then.


That's what I was told.
I have to wonder how they new it was an illegal magazine: date coded? none manufactured before Sept.'94? Ironically there was no mention of charges for the magazine, only the charge of having a weapon during the comission of a crime....lighting fireworks.
I mean really, what the fuck is going on! it's not like the guy was selling crack to kids.
We used to make "firecrackers" using film cannistrers wrapped in tape with a sparkeler for a fuse, now if I did that ATF would be kicking down my door to arrest me for being a terrorist! Stupid, just stupid.

As far as the ban goes: again the law is absolutely assinine. Yes it's the law and I'll obey it, but if I'm ever get a real chance to fight it I will because it's just plain wrong.
Link Posted: 8/9/2005 7:16:40 PM EDT
[Last Edit: 8/9/2005 7:18:01 PM EDT by sharky30]
what kind of Kel-Tec? Don't they make one that takes M16 mags now? Maybe he had a new USGI mag, the ones I've seen advertised say that they no longer have the LEO markigns but do still have the manufacture date

you know, I always figured that law meant using the gun in the crime, like robbing someone by pointing a gun at them and saying "give me the money or I'll shoot"
Link Posted: 8/9/2005 7:25:05 PM EDT
[Last Edit: 8/9/2005 7:25:49 PM EDT by rkbar15]
fp1201, you need to get some more information. There are a number of "fireworks" that are classified as an "explosive substance" in NY.

Are you sure he wasn't arrested for:

S 265.04 Criminal possession of a dangerous weapon in the first degree.
A person is guilty of criminal possession of a dangerous weapon in the
first degree when he possesses any explosive substance with intent to
use the same unlawfully against the person or property of another.

Criminal possession of a weapon in the first degree is a class B felony.
Link Posted: 8/9/2005 7:35:25 PM EDT
[Last Edit: 8/9/2005 7:36:03 PM EDT by rkbar15]

Originally Posted By sharky30:
you know, I always figured that law meant using the gun in the crime, like robbing someone by pointing a gun at them and saying "give me the money or I'll shoot"



He would have been charged with "Criminal use of a firearm" and the degree would depend on the elements of the crime(s) he was committing at the time of the offense. There would be other charges filed as well.
Link Posted: 8/10/2005 6:18:52 AM EDT

Originally Posted By sharky30:
what kind of Kel-Tec? Don't they make one that takes M16 mags now? Maybe he had a new USGI mag, the ones I've seen advertised say that they no longer have the LEO markigns but do still have the manufacture date

you know, I always figured that law meant using the gun in the crime, like robbing someone by pointing a gun at them and saying "give me the money or I'll shoot"


IIRC the story was: "he had one of those 9mm Kel-Tecs..."

rkbar has a point with the level and intent. After thinking about it, and especially not having read the exact charges and/or the report I got worked up over the insinuations of the situation.

It's alway prudent to remember that the person telling the story will slant the situation in their favor, and that no one in jail is ever guilty.
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