Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
BCM
User Panel

Posted: 8/10/2011 5:04:28 PM EDT
http://www.syracuse.com/news/index.ssf/2011/08/phoenix_man_faces_felony_gun_c.html

http://www.syracuse.com/news/index.ssf/2011/08/syracuse_man_to_avoid_prison_i.html


A couple of poor decisions by the gents in questions but again, the focus of each piece is the often demonized "assault weapon". Boy, I love this state
Link Posted: 8/10/2011 7:34:16 PM EDT
[#1]
Since when is a guilty plea to a firearms felony a "deal."
Link Posted: 8/10/2011 7:52:39 PM EDT
[#2]
I wonder if:
he "knew" that NYS still has a AW ban?
Where did he get those magazines?
Link Posted: 8/11/2011 12:58:45 AM EDT
[#3]
At least the troopers acknowledged that pre-ban mags are "okay" and the paper finally got something right when they quoted the date for pre-bans.
Link Posted: 8/11/2011 3:07:05 AM EDT
[#4]
But in the comments someone is still spreading misinformation about preban receivers and use of 30 rnd. magazines.....
Link Posted: 8/11/2011 3:24:32 AM EDT
[#5]
Three loaded magazines were found during a traffic stop???
Where did he have them on his dashboard?
From the article it is not clear if he was driving the car w/o a license when he got caught with the mags or that happened at a different time.

The streets are much safer now w/o those 30 magazines!!
Link Posted: 8/11/2011 4:25:56 AM EDT
[#6]



Quoted:


Since when is a guilty plea to a firearms felony a "deal."


Not a bad deal for what he could have faced had he been convicted at trial of the more serious charges he was accused of.



Burglary-1st Degree



Criminal Possession Of A Weapon - 2nd Degree



Reckless Endangerment -1st Degree



Menacing -2nd Degree





 
Link Posted: 8/11/2011 4:36:59 AM EDT
[#7]



Quoted:


Three loaded magazines were found during a traffic stop???

Where did he have them on his dashboard?

From the article it is not clear if he was driving the car w/o a license when he got caught with the mags or that happened at a different time.



The streets are much safer now w/o those 30 magazines!!



He was charged as a result of the initial traffic stop. Either the mags were in plain sight or found during one of the other search exceptions. Most likely it was a search incident to arrest or during an inventory search when the vehicle was impounded.



http://the390.com/north-country/phoenix-ny-man-arrested-on-three-felony-charges-for-criminal-possession-weapon-3rd-degree




Town of Hastings, NY - Aug 10 2011






The New York Police in Fulton have arrested Kenneth M Holland
Jr, Age 29, 9354 River Rd Phoenix NY for 3 Felony Counts of Criminal
Possession of a Weapon In The Third Degree.  Investigation conducted on a
traffic stop revealed that in addition to operating a motor vehicle
with a suspended drivers license, Mr Holland was in possession of three
fully loaded 30 round magazines for a Smith and Wesson M&P 15
Rifle.  The magazines are illegal due to being manufactured after
September 1994, having too large of a capacity, and being clearly marked
"restricted/military/govt use only”


He was arraigned and ROR’d to appear 08/29/11 in the Town of Hastings Court.




 
Link Posted: 8/11/2011 5:10:36 AM EDT
[#8]
I wish one of these cases would be fought on the grounds of violation of our RKBA.  "Common use" and all that....
Link Posted: 8/11/2011 5:47:54 AM EDT
[#9]
Quoted:
I wish one of these cases would be fought on the grounds of violation of our RKBA.  "Common use" and all that....
There's a case in California underway on precisely that matter, as well as Illinois.  As soon as we get a result from them we'll strike down NY's laws.

Link Posted: 8/12/2011 2:09:27 AM EDT
[#10]
Leave it to NYSP.
Close Join Our Mail List to Stay Up To Date! Win a FREE Membership!

Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!

You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.


By signing up you agree to our User Agreement. *Must have a registered ARFCOM account to win.
Top Top