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Posted: 7/23/2013 2:38:18 PM EDT
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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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Did his wife rat him out?
I thought having a undocumented handgun in your home was a misdemeanor?
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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.....
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Seems like this guy was trying to corner the market on MAJOR FAIL.
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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. View Quote |
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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. |
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So what. This is not a crime in almost every state. View Quote View All Quotes View All Quotes Quoted:
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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? |
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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? |
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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? |
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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? View Quote View All Quotes View All Quotes Quoted:
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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. |
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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 Quoted:
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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 |
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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 View All Quotes Quoted:
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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? |
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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. |
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Quoted: 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 Quoted: Quoted: Quoted: 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... |
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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. |
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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.
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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 View All Quotes Quoted:
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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. |
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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. |
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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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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 NY law is NY law. He may have a chance in court. This would be an okay test case. |
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NY law is NY law. He may have a chance in court. This would be an okay test case. View Quote View All Quotes View All Quotes Quoted:
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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 |
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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.
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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. |
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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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