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Posted: 7/23/2013 1:38:18 PM EST
Link

NORTH GREENBUSH — A town man was charged with three felonies for gun possession, including one for owning a gun magazine that contained 11 rounds, which is illegal under New York's SAFE Act.

Town police on Monday arrested Mark R. Cassidy, 55, after responding to a domestic incident at his home and allegedly finding two loaded handguns — a .357 Magnum revolver and .40 caliber handgun with a 11-round magazine, Chief Robert Durivage said Tuesday.

Cassidy did not possess a permit to own a pistol in New York and the guns were not registered, police said. The maximum capacity for a detachable magazine in New York under the SAFE Act is seven.

Cassidy was charged with two counts of criminal possession of a firearm, a felony, for not having a permit, and criminal possession of a weapon, a felony, for the magazine, according to police.

Cassidy did not threaten anyone with the guns, Durivage said. He said the firearms were found in a garbage can. An investigation revealed both guns and the ammunition were purchased in another state and brought to New York, Durivage said.

Cassidy was arraigned Monday before Town Justice Megan Miner-Malone and released.

He is due to reappear in Town Court on Aug. 6.
Link Posted: 7/23/2013 1:40:33 PM EST
oh lord.
Link Posted: 7/23/2013 1:43:46 PM EST
What .40 has an 11 round mag?
Link Posted: 7/23/2013 1:52:13 PM EST
S&W Model 4006
Link Posted: 7/23/2013 2:00:28 PM EST
Did his wife rat him out?

I thought having a undocumented handgun in your home was a misdemeanor?
Link Posted: 7/23/2013 2:01:21 PM EST
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By P400:
What .40 has an 11 round mag?
View Quote


Maybe a Glock with an extension? Not sure.
Link Posted: 7/23/2013 2:07:21 PM EST
i guess he left his unlawful pistols in plain sight and police noticed them when they responded to the domestic dispute call??? if so, he's a knucklehead.....
Link Posted: 7/23/2013 2:17:36 PM EST
Me 2
Link Posted: 7/23/2013 3:41:34 PM EST
Seems like this guy was trying to corner the market on MAJOR FAIL.
Link Posted: 7/23/2013 4:02:35 PM EST
Originally Posted By thekid_1:
Link

NORTH GREENBUSH — A town man was charged with three felonies for gun possession, including one for owning a gun magazine that contained 11 rounds, which is illegal under New York's SAFE Act.

Town police on Monday arrested Mark R. Cassidy, 55, after responding to a domestic incident at his home and allegedly finding two loaded handguns — a .357 Magnum revolver and .40 caliber handgun with a 11-round magazine, Chief Robert Durivage said Tuesday.

Cassidy did not possess a permit to own a pistol in New York and the guns were not registered, police said. The maximum capacity for a detachable magazine in New York under the SAFE Act is seven.

Cassidy was charged with two counts of criminal possession of a firearm, a felony, for not having a permit, and criminal possession of a weapon, a felony, for the magazine, according to police.

Cassidy did not threaten anyone with the guns, Durivage said. He said the firearms were found in a garbage can. An investigation revealed both guns and the ammunition were purchased in another state and brought to New York, Durivage said.

Cassidy was arraigned Monday before Town Justice Megan Miner-Malone and released.

He is due to reappear in Town Court on Aug. 6.
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Link Posted: 7/23/2013 4:28:46 PM EST
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Originally Posted By Natty_Bumppo:

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Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Natty_Bumppo:
Originally Posted By thekid_1:
Link

NORTH GREENBUSH — A town man was charged with three felonies for gun possession, including one for owning a gun magazine that contained 11 rounds, which is illegal under New York's SAFE Act.

Town police on Monday arrested Mark R. Cassidy, 55, after responding to a domestic incident at his home and allegedly finding two loaded handguns — a .357 Magnum revolver and .40 caliber handgun with a 11-round magazine, Chief Robert Durivage said Tuesday.

Cassidy did not possess a permit to own a pistol in New York and the guns were not registered, police said. The maximum capacity for a detachable magazine in New York under the SAFE Act is seven.

Cassidy was charged with two counts of criminal possession of a firearm, a felony, for not having a permit, and criminal possession of a weapon, a felony, for the magazine, according to police.

Cassidy did not threaten anyone with the guns, Durivage said. He said the firearms were found in a garbage can. An investigation revealed both guns and the ammunition were purchased in another state and brought to New York, Durivage said.

Cassidy was arraigned Monday before Town Justice Megan Miner-Malone and released.

He is due to reappear in Town Court on Aug. 6.




So what. This is not a crime in almost every state.
Link Posted: 7/23/2013 4:37:52 PM EST
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Prominus:



So what. This is not a crime in almost every state.
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Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Prominus:
Originally Posted By Natty_Bumppo:
Originally Posted By thekid_1:
Link

NORTH GREENBUSH — A town man was charged with three felonies for gun possession, including one for owning a gun magazine that contained 11 rounds, which is illegal under New York's SAFE Act.

Town police on Monday arrested Mark R. Cassidy, 55, after responding to a domestic incident at his home and allegedly finding two loaded handguns — a .357 Magnum revolver and .40 caliber handgun with a 11-round magazine, Chief Robert Durivage said Tuesday.

Cassidy did not possess a permit to own a pistol in New York and the guns were not registered, police said. The maximum capacity for a detachable magazine in New York under the SAFE Act is seven.

Cassidy was charged with two counts of criminal possession of a firearm, a felony, for not having a permit, and criminal possession of a weapon, a felony, for the magazine, according to police.

Cassidy did not threaten anyone with the guns, Durivage said. He said the firearms were found in a garbage can. An investigation revealed both guns and the ammunition were purchased in another state and brought to New York, Durivage said.

Cassidy was arraigned Monday before Town Justice Megan Miner-Malone and released.

He is due to reappear in Town Court on Aug. 6.




So what. This is not a crime in almost every state.


really?
Link Posted: 7/23/2013 4:42:57 PM EST
[Last Edit: 7/23/2013 4:44:57 PM EST by cas]
Once again the misdemeanor gets top billing over the felony. We've got to make Andy look good! Way to go as usual Times Union.


"Cassidy was charged with two counts of criminal possession of a firearm, a felony, for not having a permit, and criminal possession of a weapon, a felony, for the magazine, according to police."

Huh?
Link Posted: 7/23/2013 4:58:31 PM EST
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By cas:
Once again the misdemeanor gets top billing over the felony. We've got to make Andy look good! Way to go as usual Times Union.


"Cassidy was charged with two counts of criminal possession of a firearm, a felony, for not having a permit, and criminal possession of a weapon, a felony, for the magazine, according to police."

Huh?
View Quote


So quick question.... since when can the police search your home in a domestic dispute when no one was threatened with a weapon? Or is this one of those "not complete" stories the media is so good at producing?
Link Posted: 7/23/2013 5:25:10 PM EST
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By byuind:


So quick question.... since when can the police search your home in a domestic dispute when no one was threatened with a weapon? Or is this one of those "not complete" stories the media is so good at producing?
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Discussion ForumsJump to Quoted PostQuote History
Originally Posted By byuind:
Originally Posted By cas:
Once again the misdemeanor gets top billing over the felony. We've got to make Andy look good! Way to go as usual Times Union.


"Cassidy was charged with two counts of criminal possession of a firearm, a felony, for not having a permit, and criminal possession of a weapon, a felony, for the magazine, according to police."

Huh?


So quick question.... since when can the police search your home in a domestic dispute when no one was threatened with a weapon? Or is this one of those "not complete" stories the media is so good at producing?


If the wife gave permission they are free to search, assuming it is her residence as well.
Link Posted: 7/23/2013 5:29:43 PM EST
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By HiramRanger:


If the wife gave permission they are free to search, assuming it is her residence as well.
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Discussion ForumsJump to Quoted PostQuote History
Originally Posted By HiramRanger:
Originally Posted By byuind:
Originally Posted By cas:
Once again the misdemeanor gets top billing over the felony. We've got to make Andy look good! Way to go as usual Times Union.


"Cassidy was charged with two counts of criminal possession of a firearm, a felony, for not having a permit, and criminal possession of a weapon, a felony, for the magazine, according to police."

Huh?


So quick question.... since when can the police search your home in a domestic dispute when no one was threatened with a weapon? Or is this one of those "not complete" stories the media is so good at producing?


If the wife gave permission they are free to search, assuming it is her residence as well.


That is plausible... but what posseses a cop to say "hey I know we have this situation all under control now, so can we search your house?"

Just seems like most normal people wouldn't want the police searching their home just on a whim.

But again I could be short on some critical info here
Link Posted: 7/23/2013 5:37:01 PM EST
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By byuind:


That is plausible... but what posseses a cop to say "hey I know we have this situation all under control now, so can we search your house?"

Just seems like most normal people wouldn't want the police searching their home just on a whim.

But again I could be short on some critical info here
View Quote View All Quotes
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Discussion ForumsJump to Quoted PostQuote History
Originally Posted By byuind:
Originally Posted By HiramRanger:
Originally Posted By byuind:
Originally Posted By cas:
Once again the misdemeanor gets top billing over the felony. We've got to make Andy look good! Way to go as usual Times Union.


"Cassidy was charged with two counts of criminal possession of a firearm, a felony, for not having a permit, and criminal possession of a weapon, a felony, for the magazine, according to police."

Huh?


So quick question.... since when can the police search your home in a domestic dispute when no one was threatened with a weapon? Or is this one of those "not complete" stories the media is so good at producing?


If the wife gave permission they are free to search, assuming it is her residence as well.


That is plausible... but what posseses a cop to say "hey I know we have this situation all under control now, so can we search your house?"

Just seems like most normal people wouldn't want the police searching their home just on a whim.

But again I could be short on some critical info here


Domestic violence allegation?

Does your husband have any guns in the house?

Yes, he has a couple of handguns.

(Police call in and learn there is no permit)

Ma'am, we don't believe your husband has a permit for the guns. For your safety, do you mind if we look for them?

Oh please officer, could you please?




One potential scenario, who knows?
Link Posted: 7/23/2013 5:40:10 PM EST
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Originally Posted By Natty_Bumppo:


really?
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Originally Posted By Natty_Bumppo:
Originally Posted By Prominus:


So what. This is not a crime in almost every state.


really?


Is that a serious question?

Either way, I don't see why they this is related to safe act. Chances are, if he didn't have a permit he didn't bother to have preban mags either, so it would have been illegal under the old ban as well.
Link Posted: 7/23/2013 6:36:54 PM EST
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By HiramRanger:


If the wife gave permission they are free to search, assuming it is her residence as well.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By HiramRanger:
Originally Posted By byuind:
Originally Posted By cas:
Once again the misdemeanor gets top billing over the felony. We've got to make Andy look good! Way to go as usual Times Union.


"Cassidy was charged with two counts of criminal possession of a firearm, a felony, for not having a permit, and criminal possession of a weapon, a felony, for the magazine, according to police."

Huh?


So quick question.... since when can the police search your home in a domestic dispute when no one was threatened with a weapon? Or is this one of those "not complete" stories the media is so good at producing?


If the wife gave permission they are free to search, assuming it is her residence as well.

Here's a cool question. If consent to search is required and one resident says yes and another co-equal tenant says no, we know that consent is not valid and there can be no consent-based search. However, one tenant can consent in the absence of a co-tenant. What is the result when the refusing co-tenant is MADE to be absent involuntarily by the people seeking consent?

In any event, the domestic thing usually ends up with a litany of arguments that usually go like this:
-Cop: Do you mind if we have a look around? Homeowner:"Yes, I mind."
-He's being arrested for a crime committed in the house, so I'm entitled to do a protective sweep. "We live here alone, no one else is here."
-He's being arrested for a crime committed in the house, so the house is a crime scene and you have to let me in. "You can't come in."
-If you don't let me in I'm going to come back with a warrant. "OK."
-If you don't let me in I'm waiting here while we phone for a warrant and I'll make sure to rip your house apart. "Good luck with that."
-Consent to searching the house or I'm going to arrest you for fighting with your husband. Even though I know you didn't do anything wrong I can change my mind about that.

Eventually most people just give in. Fortunately if it gets to step 5 or so anything they subsequently find is probably at least in question...
Link Posted: 7/23/2013 6:41:09 PM EST
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By P400:
What .40 has an 11 round mag?
View Quote
Beretta 96D
Link Posted: 7/24/2013 12:33:23 AM EST
Every time I read more than two lines of NYS PL section 265.00 I start to feel the bile rise into the back of my mouth. I wonder if this would factor in....

S 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:

(3) such person possesses any loaded firearm. Such possession shall
not, except as provided in subdivision one or seven of section 265.02 of
this article, constitute a violation of this subdivision if such
possession takes place in such person's home or place of business.
Criminal possession of a weapon in the second degree is a class C felony.
Link Posted: 7/24/2013 2:30:55 AM EST
Simply possessing handguns without any sort of permit or license is legal in the nearly all of the rest of the country. We should be fighting for this guy's rights just as hard as we fight against the SAFE Act.
Link Posted: 7/24/2013 4:01:54 AM EST
[Last Edit: 7/24/2013 4:05:19 AM EST by Ketchup]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By byuind:


That is plausible... but what posseses a cop to say "hey I know we have this situation all under control now, so can we search your house?"

Just seems like most normal people wouldn't want the police searching their home just on a whim.

But again I could be short on some critical info here
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Discussion ForumsJump to Quoted PostQuote History
Originally Posted By byuind:
Originally Posted By HiramRanger:
Originally Posted By byuind:
Originally Posted By cas:
Once again the misdemeanor gets top billing over the felony. We've got to make Andy look good! Way to go as usual Times Union.


"Cassidy was charged with two counts of criminal possession of a firearm, a felony, for not having a permit, and criminal possession of a weapon, a felony, for the magazine, according to police."

Huh?


So quick question.... since when can the police search your home in a domestic dispute when no one was threatened with a weapon? Or is this one of those "not complete" stories the media is so good at producing?


If the wife gave permission they are free to search, assuming it is her residence as well.


That is plausible... but what posseses a cop to say "hey I know we have this situation all under control now, so can we search your house?"

Just seems like most normal people wouldn't want the police searching their home just on a whim.

But again I could be short on some critical info here

With all these laws, that's exactly how people end up in jail, giving LE permission of any kind. It's also a way for them to tack on additional charges, should one not stick.
Link Posted: 7/24/2013 4:28:52 AM EST
[Last Edit: 7/24/2013 4:29:27 AM EST by Prominus]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Tahawus:
Simply possessing handguns without any sort of permit or license is legal in the nearly all of the rest of the country. We should be fighting for this guy's rights just as hard as we fight against the SAFE Act.
View Quote



Different state and this guy has no charges. The Heller decision said it is a constitutional right to own handguns in your own home.
Link Posted: 7/24/2013 5:52:27 AM EST
I feel so much safer.
Link Posted: 7/24/2013 6:14:56 AM EST
I'm confused. I also thought the Heller case would protect a guy like this as long as his hand guns were stored correctly and never removed from his home for the sole purpose of defending his home and family.
Link Posted: 7/24/2013 6:17:51 AM EST
[Last Edit: 7/24/2013 6:18:16 AM EST by Prominus]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By cldsandwch:
I'm confused. I also thought the Heller case would protect a guy like this as long as his hand guns were stored correctly and never removed from his home for the sole purpose of defending his home and family.
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NY law is NY law. He may have a chance in court. This would be an okay test case.
Link Posted: 7/24/2013 6:28:42 AM EST
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Prominus:


NY law is NY law. He may have a chance in court. This would be an okay test case.
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Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Prominus:
Originally Posted By cldsandwch:
I'm confused. I also thought the Heller case would protect a guy like this as long as his hand guns were stored correctly and never removed from his home for the sole purpose of defending his home and family.


NY law is NY law. He may have a chance in court. This would be an okay test case.



yeah but I'm betting he wasn't hoping to be THE test case lol
Link Posted: 7/24/2013 7:02:37 AM EST
I'm curios to see what kind of pistol he had, and if it actually had an 11 round mag, or if it was really 10 + 1 being misreported.
Link Posted: 7/24/2013 7:13:59 AM EST
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By P400:
I'm curios to see what kind of pistol he had, and if it actually had an 11 round mag, or if it was really 10 + 1 being misreported.
View Quote

This.


Also fuck permits and Fuck NYS unlawful impositions on the right to keep and bear arms.
Link Posted: 7/24/2013 7:16:02 AM EST
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By cldsandwch:
I'm confused. I also thought the Heller case would protect a guy like this as long as his hand guns were stored correctly and never removed from his home for the sole purpose of defending his home and family.
View Quote


No. Heller allowed for a permitting system to be in place, the issue was DC in theory issued permits, but in practice never did. In essence, outright banning. There are a couple hundred thousand people at least who have NYS pistol permits. Apples and oranges.

I do agree its BS that you need a permit to possess a handgun in your home, but it is the aw, and permits for premise possession will pretty much be issued as long as you are not a prohibited person.
Link Posted: 7/24/2013 7:34:33 AM EST
nice, thanks for the info.
Link Posted: 7/24/2013 8:23:15 AM EST
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By cldsandwch:
nice, thanks for the info.
View Quote


My displeasure... I hate this state's gun laws.
Link Posted: 7/24/2013 1:39:07 PM EST
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Natty_Bumppo:


really?
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Originally Posted By Natty_Bumppo:
Originally Posted By Prominus:
Originally Posted By Natty_Bumppo:
Originally Posted By thekid_1:
Link

NORTH GREENBUSH — A town man was charged with three felonies for gun possession, including one for owning a gun magazine that contained 11 rounds, which is illegal under New York's SAFE Act.

Town police on Monday arrested Mark R. Cassidy, 55, after responding to a domestic incident at his home and allegedly finding two loaded handguns — a .357 Magnum revolver and .40 caliber handgun with a 11-round magazine, Chief Robert Durivage said Tuesday.

Cassidy did not possess a permit to own a pistol in New York and the guns were not registered, police said. The maximum capacity for a detachable magazine in New York under the SAFE Act is seven.

Cassidy was charged with two counts of criminal possession of a firearm, a felony, for not having a permit, and criminal possession of a weapon, a felony, for the magazine, according to police.

Cassidy did not threaten anyone with the guns, Durivage said. He said the firearms were found in a garbage can. An investigation revealed both guns and the ammunition were purchased in another state and brought to New York, Durivage said.

Cassidy was arraigned Monday before Town Justice Megan Miner-Malone and released.

He is due to reappear in Town Court on Aug. 6.




So what. This is not a crime in almost every state.


really?


Yes, really. The vast majority of states do not require permits for owning handguns.
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