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9/22/2017 12:11:25 AM
Posted: 7/28/2005 9:06:01 AM EDT
Every now and then I post looking to see if anyone has been convicted yet under the NY AWB. Anyone have a case link? Its been many years since its enactment.
Link Posted: 7/28/2005 11:29:19 AM EDT
I am not personally aware of any AWB convictions. P-A-S has posted about a Peekskill resident that plead guilty to a AWB violation but I was not able to find the case. I really haven't looked very hard though.
Link Posted: 7/28/2005 11:39:27 AM EDT
I have only heard of one case, and that was the very first case to have ever been tried on the then new AWB. But it resulted in a mistrial. No idea if it was retried or not.

Seems like the Ban doesnt really have any teeth to it when it comes to convicting anyone. You would think by now prosecutors would have jumped on the AWB to go after gang bangers and gun runners, with them proudly beating their chests about how good of an idea it really is.

Instead.......next to nothing is heard about it.
Link Posted: 7/28/2005 11:46:30 AM EDT
Gangbangers or other criminals are not likely to be armed with anything that falls under the NY AWB.

Since criminals by definition do not pay attention to gun laws (or any other laws) only the rest of us are effected by the AWB.
Link Posted: 7/28/2005 1:54:14 PM EDT
I would bet no one will ever be convicted of violating the AWB alone (ex. A guy goes to the range and a cops sees he has a flash hider on his AR while hes shooting target, then he gets arrested)

I think they would only use it add charges and years to the sentence of a criminal after he killed someone or robbed a place with a gun that violated a AWB. Thats the only time you ever hear about anyone violating the AWB
Link Posted: 7/28/2005 1:56:31 PM EDT

Originally Posted By rkbar15:
Gangbangers or other criminals are not likely to be armed with anything that falls under the NY AWB.

Since criminals by definition do not pay attention to gun laws (or any other laws) only the rest of us are effected by the AWB.



They like handguns. Kids in gangs walk around all the time with them in Hempsted,Uniondale, brentwood Theyll sell them to each other and nothing is ever done
Link Posted: 7/28/2005 2:05:56 PM EDT

Originally Posted By BigB1129:
I would bet no one will ever be convicted of violating the AWB alone (ex. A guy goes to the range and a cops sees he has a flash hider on his AR while hes shooting target, then he gets arrested)

I think they would only use it add charges and years to the sentence of a criminal after he killed someone or robbed a place with a gun that violated a AWB. Thats the only time you ever hear about anyone violating the AWB



Agreed

Although, that dealer at the Syracuse (or maybe Rochester, he used to go to both plus some others, and those 2 shows were a week apart and my memory is hazy) gunshow back in April got his table shut down for illegally configured guns. Maybe he got charged too
Link Posted: 7/28/2005 2:16:47 PM EDT
You can pretty much guarantee that if there were even a few NY AWB convictions the Brady org. and other anti-gun orgs. would heavily publicize the events and be jumping for joy. They haven't because assault weapons have never been a problem in NY.
Link Posted: 7/28/2005 2:25:45 PM EDT

Originally Posted By sharky30:

Originally Posted By BigB1129:
I would bet no one will ever be convicted of violating the AWB alone (ex. A guy goes to the range and a cops sees he has a flash hider on his AR while hes shooting target, then he gets arrested)

I think they would only use it add charges and years to the sentence of a criminal after he killed someone or robbed a place with a gun that violated a AWB. Thats the only time you ever hear about anyone violating the AWB



Agreed

Although, that dealer at the Syracuse (or maybe Rochester, he used to go to both plus some others, and those 2 shows were a week apart and my memory is hazy) gunshow back in April got his table shut down for illegally configured guns. Maybe he got charged too



That was Ralph Flint. He was at the Middletown show in June with the same illegally configured Ar15s that got him in trouble in Syracuse. The NYSP looked at his table and said nothing. This time he did not have the LEO mags out which is one thing that the NYSP do check down here.
Link Posted: 7/28/2005 3:30:10 PM EDT

Originally Posted By sharky30:

Originally Posted By BigB1129:
I would bet no one will ever be convicted of violating the AWB alone (ex. A guy goes to the range and a cops sees he has a flash hider on his AR while hes shooting target, then he gets arrested)

I think they would only use it add charges and years to the sentence of a criminal after he killed someone or robbed a place with a gun that violated a AWB. Thats the only time you ever hear about anyone violating the AWB



Agreed

Although, that dealer at the Syracuse (or maybe Rochester, he used to go to both plus some others, and those 2 shows were a week apart and my memory is hazy) gunshow back in April got his table shut down for illegally configured guns. Maybe he got charged too



Yep all they did was shut down the table. Great law there.
Link Posted: 7/28/2005 4:45:54 PM EDT
They need to make this law go away, and thanks to NYC, it never will.
Link Posted: 7/28/2005 5:39:37 PM EDT
I've googled a million times for that Peekskill case but can't find it. I remember reading about it in a peekskill paper online about 3 years ago.
Link Posted: 7/29/2005 5:56:14 AM EDT
NJ aggressively prosecutes and convicts people for "AWB violations." But then again, that's NJ.
Link Posted: 7/29/2005 7:31:59 AM EDT
NJ is constantly making headlines for their AWB. But NY, never! Thats my point here folks. The NYAWB is nothing more than a red herring. For all the hype we, and other gun loving groups give toward disussing the 'evil ban', there is nothing ever done with it, either positive or negative.

C'mon, I'm all for seeing these weapons being taken away from the hands of scum who misuse them. And I have no empathy for someone who would do a drive-by, rob a store, threated another person, etc. And I can even balance out some of the losses of my rights to own these firearms if it were for the general good of the states' citizens. But lets see some action on this piece of garbage legislation if its original intent was to protect us from evil weapons. Lets hear about the gang of bloods that got taken down and put into prison for ten years because they shot up a competitor drug dealer.

Fuck, even New Jersey made huge headlines when they caught that proffesional football played with an AKS rifle in his truck. Bad application of the law IMHO. But at least it sent the message that NJ wont tolerate illegal use of weapons.

[ranting completed]
Link Posted: 7/29/2005 8:46:12 AM EDT
Well it's clear we are going to have to devote a little time and effort to finding the case I know about. Are there any Westchester members who might be willing to do a little digging with the local papers?
Link Posted: 7/29/2005 8:47:10 AM EDT
[Last Edit: 7/29/2005 8:48:35 AM EDT by rkbar15]

Originally Posted By lockedandloaded:
NJ is constantly making headlines for their AWB. But NY, never! Thats my point here folks.



New York is famous for passing legislation but almost never provides the funding to enforce the new legislation. Be careful what you wish for. You and I will as law abiding gun owners will bear the brunt of enforcement efforts for technical violations.


Originally Posted By lockedandloaded:
The NYAWB is nothing more than a red herring. For all the hype we, and other gun loving groups give toward disussing the 'evil ban', there is nothing ever done with it, either positive or negative.



The purpose of the legislation was to get the anti-gun forces "foot in the door" and to easily allow the complete banning of certain weapons at a later date. After that is accomplished then it will be an easy matter of adding more weapons to the list. Then they will ban all semi-automatic weapons. Then it will be pump fed weapons. This is the agenda of the anti-gun forces in NY.


Originally Posted By lockedandloaded:
And I can even balance out some of the losses of my rights to own these firearms if it were for the general good of the states' citizens. But lets see some action on this piece of garbage legislation if its original intent was to protect us from evil weapons. Lets hear about the gang of bloods that got taken down and put into prison for ten years because they shot up a competitor drug dealer.



Once again be careful what you wish for. We are the "easy marks" that the enforcement effort will targeted at. The AWB is not needed to put the gangbangers in prison but that takes a little more effort.

Link Posted: 7/29/2005 9:17:04 AM EDT

Originally Posted By rkbar15:

The purpose of the legislation was to get the anti-gun forces "foot in the door" and to easily allow the complete banning of certain weapons at a later date. After that is accomplished then it will be an easy matter of adding more weapons to the list. Then they will ban all semi-automatic weapons. Then it will be pump fed weapons. This is the agenda of the anti-gun forces in NY.




IIRC, the main push behind the NYAWB was to allow the NY state prosecutors the ability to go after the bad guys when the Feds decided to plea away any of the 1994 Ban's violations. So if the Fed's waived the prosecution of these violations due to plea bargaining agreements, then NY could go after those same individuals at the state level.

Also, at the time, nobody ever suspected that the 1994 Ban was going to be allowed to sunset, but it was oft quoted that in the event it did sunset in 2004, NY would still basically have the same ban that the rest of the country no longer would.
Link Posted: 7/29/2005 9:41:47 AM EDT
[Last Edit: 7/29/2005 9:42:16 AM EDT by rkbar15]

Originally Posted By lockedandloaded:
IIRC, the main push behind the NYAWB was to allow the NY state prosecutors the ability to go after the bad guys when the Feds decided to plea away any of the 1994 Ban's violations. So if the Fed's waived the prosecution of these violations due to plea bargaining agreements, then NY could go after those same individuals at the state level.

Also, at the time, nobody ever suspected that the 1994 Ban was going to be allowed to sunset, but it was oft quoted that in the event it did sunset in 2004, NY would still basically have the same ban that the rest of the country no longer would.



The original AW bill that was passed by the NYS Assembly in 2000 was an outright ban on so called "assault weapons". The final version of the Bill was re-written in its current form by the Senate and enacted into law. The Assembly compromised knowing that their version of the AWB would never be enacted into law.

Then the spin machine went into high gear about the wonderful "comprehensive" gun legislation package that was enacted by the Legislature. They all took a bow and went back to sleep on the real issues that actually affect the average New Yorker.

The proof of my statement is the passing of the "New, Improved, More Better" assault weapon ban that has passed the NYS Assembly every year since then.

The intent of the NYC controlled Assembly is to disarm every New Yorker in NY one gun at a time.
Link Posted: 7/31/2005 6:48:46 PM EDT
[Last Edit: 7/31/2005 6:50:02 PM EDT by ThePrisoner72]

Originally Posted By BigB1129:
I would bet no one will ever be convicted of violating the AWB alone (ex. A guy goes to the range and a cops sees he has a flash hider on his AR while hes shooting target, then he gets arrested)

I think they would only use it add charges and years to the sentence of a criminal after he killed someone or robbed a place with a gun that violated a AWB. Thats the only time you ever hear about anyone violating the AWB



I was told this by a LE officer once. How up to date is the NYSP when it comes to preban vs post ban? Now that the Federal ban expired does the BATF really care about the few states that have an AWB?
Link Posted: 7/31/2005 7:52:10 PM EDT


They can keep the AWB if they rewrite it like this. AWB rifles are legal as long as they are not used in a crime.

According to the people that made the law, since they made it illegal to own them, then they will not be used in a crime. So instead make a law that says make rifles with special features illegal to use in crimes? This law target criminals but the only people that follow this crap is us, people that will never even think of shooting someone or robbing a place. In a hypothetical situation these rifles would not be my choice for commiting a crime. Thats why criminals dont run around with these things.
Link Posted: 8/1/2005 10:28:37 AM EDT

Originally Posted By Phil_A_Steen:
I've googled a million times for that Peekskill case but can't find it. I remember reading about it in a peekskill paper online about 3 years ago.



I searched the online archives of the main newspaper in WC back to 2000 and this is the only article I could find related to an arrest for assault weapons in Peekskill. I don't think it has anything to do with the case you're referring to though. It also may not be an considered an assault weapon as defined in the AWB. You have to purchase the rest of the article.


PEEKSKILL
March 8, 2003 •• 332 words •• ID: wst2003031010115769
2 men arrested on weapons charges after traffic stop Loaded assault rifle, shotgun found in back seat, police say. Police charged two city men with felony weapons possession after pulling them over for a traffic violation. Officers Raymond Henderlong and Susan Bielomyza were on routine patrol around 2:20 p.m. during Thursday's snowstorm when they saw a car fail to yield the right of way to a pedestrian in a Nelson Avenue crosswalk, about a
Link Posted: 8/1/2005 10:32:18 AM EDT
No, I saw that one too. It's not the case in question.

The guy was from Peekskill or maybe Cortlandt Manor. His home was burglarized and many guns were stolen. The NYSP firearms unit and ATF came in due to the large number of guns stolen (and even larger number left behind). That's when the "bad" AR15 was found and the man was arrested.

This happened by my best recollection somewhere between 1999-2001.
Link Posted: 8/1/2005 11:07:05 AM EDT
[Last Edit: 8/1/2005 11:08:11 AM EDT by ThePrisoner72]
I remember this story now also. Didn't the NYSP notice that one of his guns left behind had a bayonet lug and flash hider, it was a post ban AR.
Link Posted: 8/1/2005 11:53:07 AM EDT
Funny I don't recall seeing that. If it was AWB related it had to have happened after 11-2000 when the NYS AWB went into effect. I'll dig around some more. If it happened in Cortlandt Manor it would have been initially handled in the Town of Cortlandt Justice Court.
Link Posted: 8/1/2005 1:07:04 PM EDT

Originally Posted By rkbar15:


The intent of the NYC controlled Assembly is to disarm every New Yorker in NY one gun at a time.


One reason to actively resist the drive to make The NY State government a one-chamber body, which seems to crop up every year.
Link Posted: 8/1/2005 1:38:02 PM EDT
what about the NYC all out total ban?
Link Posted: 8/1/2005 1:40:44 PM EDT

Originally Posted By rkbar15:
Funny I don't recall seeing that. If it was AWB related it had to have happened after 11-2000 when the NYS AWB went into effect. I'll dig around some more. If it happened in Cortlandt Manor it would have been initially handled in the Town of Cortlandt Justice Court.



Westchester Supreme Court (felony).
Link Posted: 8/1/2005 2:30:43 PM EDT
[Last Edit: 8/1/2005 2:31:57 PM EDT by rkbar15]

Originally Posted By Phil_A_Steen:

Originally Posted By rkbar15:
Funny I don't recall seeing that. If it was AWB related it had to have happened after 11-2000 when the NYS AWB went into effect. I'll dig around some more. If it happened in Cortlandt Manor it would have been initially handled in the Town of Cortlandt Justice Court.



Westchester Supreme Court (felony).



Yes but he was probably arrested on a felony complaint and initially brought before the local criminal court for bail setting or remanded to the WC jail if he wasn't ROR or couldn't make bail.
Link Posted: 8/1/2005 2:33:22 PM EDT

Originally Posted By fixxxer0:
what about the NYC all out total ban?



???
Link Posted: 8/1/2005 2:57:09 PM EDT
[Last Edit: 8/1/2005 4:46:30 PM EDT by Phil_A_Steen]
Ok, so the little white minnow has been found and it wasn't an AWB violation after all:

www.ar15.com/forums/topic.html?b=8&f=9&t=206857

ETA: link fixed
Link Posted: 8/1/2005 3:01:48 PM EDT
[Last Edit: 8/1/2005 3:39:29 PM EDT by rkbar15]
Yeah that was the idiot from Dobbs Ferry who had bombs and machine guns in his house. When he was arrested the NY AWB wasn't in effect yet so he couldn't have been convicted under NYS law.
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