Posted: 6/7/2007 11:02:14 AM EDT
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I understand that it's not legal to have my AR upper assembled to my lower until the compensator has been permately attached correct? Is it legal for me to transport my complete upper only w/ the flashider attached on the way to go and get it welded on or must I only have the barrel and the flashhider w/ me? I just don't want to get pulled over and be in trouble. |
only my opinion, IANAL etc etc. sure I would say you are good to go...flash hiders/threaded barrels aren't illegal to own...they are only illegal to have on a gun if you go over the evil features count. further, if you are stopped and aksed if you have any guns in the car the truthful answer is no. you don't have anything that meets NYS laws of being a firearm or a rifle and same goes for federal law. again...only my opinion |
That's what I thought but just wanted to check in here first. I have to go and get my comp welded on tonight so that I can start shooting my AR. Would the complete upper be OK to transport in the city of Rochester even though they have a AWB? I think it is because it's only the upper but just want to check on that also. |
If I recall correctly the rochester ban is rifles with 5+ round magazines, flash hiders, grenade launchers, and night vision scopes. you can look it up on nysrpa's website. |
Yea I better go look that up. I hope it's not 5+ rd magazines because I better remember not to bring my 10/22 in the city. 
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The NYSP recently arrested a guy who is 23 for having a preban upper and post ban lower in the same gun case not attached to each other. The lower had a A2 stock. He was charged with violation of the NYS AWB. with a public defender he had his felony charge pleaded to a violation. Sound to me that the NYSP had no case and they knew it due to the deal they worked out with him. If he had a real lawyer who gave a damn he probably would of gotten off. The moral of the story is the NYSP will arrest you even if your weapon is not together. On a side note make sure if you have a Myspace with pictures of your guns in them be careful. |
Having a post ban lower in the same case as a pre ban upper is not a violation of the NYS Assault Weapons Ban. I don't understand how a DA filed the Assault Weapon charge? These people really piss me off. If the guy had assembled a pre ban upper onto a post ban lower then it is what it is and the DA would be within the letter of the law. I really feel for that guy  .1981 |
Can I infer then that he had a photo posted showing him with the weapon intact? |
I think you're right. I really can't see how this guy was charged with possession of a "Assault Weapon" if the pre ban upper and post ban lower were not assembled when he was stopped. I big problem for us gun guys is that most LEOs don't get trained in firearms identification and they just don't know. Most of the guys I know wouldn't know the difference between post ban pre ban firearms. Hell, I even know a DA in Westchester County who told me that the pre ban cluse for "Assault Weapons" would only apply to the original owner of a "Assault Weapon". I remember trying to tell him that it was the weapon it self that is granfathered and he just wouldn't listen to me. These people are useless to me and I wish they would just move to a place like Kali where they belong... 1981 |
nevermind. |
nope different people on Myspace. The people on myspace from the printouts I seen were legal. The guy who got charged had the case in the back seat of his car and it was seen by the trooper during a traffic stop for speeding. The guy, probably not knowing his rights, consented in letting the trooper see what was in the case. |
That right there is my biggest fear when driving and transporting my rifle. If I do ever get pulled over w/ the gun in my SUV does a cop have a right to search the rifle case if he can see it in the back of my SUV? Everything is legal on it, but the grayness of the welded compensator (whether the pin and weld is considered perm. attached by NYS). |
No he does not have the right to search your case. if the rifle is in plain sight then he can say something but if it is in the case he need your consent or probable cause to see whats in side the case. Always say NO even if you have only a single shot .22lr in that case. ETA if he does open the case with out consent. lawyer up. A good lawyer could probably get what ever he finds thrown out in a Mapp hearing and then the DA's case is F'ed |
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oops read my ETA I tried to get it in quick. His next step would be to finish with the traffic violation he pulled you over for in the first place and be in his way. ETA yeah don't be a asshole about it. be nice and have a good attitude it will help. If you pull his pants down and give him a smack in the face he will do everything in his power to give you a hard time |
thanks for the info, I triple check to make sure that all of my firearms are completly legal but I just dont want to get pulled over w/ the AR w/ the comp. blind pinned and welded and have a cop tell me that that's not legal and that I'm going downtown. Thanks again for the info, I worry too much sometimes.
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I was pretty sure that an Officer conducting a traffic stop may search the interior(passenger compartment) of the vehicle, including any bags contained in that space. The trunk was off limits unless there were a higher level of suspicion in the stop. ie. a damn good reason. Motor vehicle exception Main article: Motor vehicle exception The Supreme Court has also held that individuals in automobiles have a reduced expectation of privacy, because vehicles generally do not serve as residences or repositories of personal effects. Vehicles may not be randomly stopped and searched; there must be probable cause or reasonable suspicion of criminal activity. Items in "plain view" may be seized; areas that could potentially hide weapons may also be searched. With probable cause, police officers may search any area in the vehicle. They may not, however, extend the search to the vehicle's passengers without probable cause to search those passengers. |
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Hey Rich, I'm not endorsing them (I agree with some parts more than others and don't know that I would follow them 100% but to each their own), but these suggestions are from another thread concerning S&S think it might have originally come from the ACLU??? Traffic Stop Scenario In any given traffic stop, with a few notable exceptions, the below rules will help protect your civil rights and improve your chances of driving away safely—so you don't have to be a legal expert to say and do the right thing. 1) Keep Your Private Items Out of View This is common sense: Always keep any private items that you don't want others to see out of sight. Legally speaking, police do not need a search warrant in order to confiscate any illegal items that are in plain view. 2) Be Courteous & Non-Confrontational If you are pulled over, the first thing you should to do is turn your car off, turn the dome light on (if it's nighttime), roll down the window, and keep your hands on the steering wheel. Don't immediately reach into your glove compartment for your license and registration. Officers want to be able to see your hands for their own safety. Wait until the officer asks to see your paperwork before retrieving your documents. The first thing you should say to the officer is, "Hello officer. Can you tell me why I am being pulled over?" The officer may give you a hard time or say, "Why do you think I pulled you over?" Tell the officer you don't know. Most importantly, do not apologize after you get stopped, because that can be considered an admission of guilt and could be used against you later in court. Show your identification if it's requested. Be respectful and non-confrontational. Refer to the police as "Sir," "Ma'am," or "Officer." Remain calm and quiet while the officer is reviewing your documents. If the officer writes you a ticket, accept it quietly and never complain. Listen to any instruction on paying the fine or contesting the ticket, and drive away slowly. 3) Just Say "No" to Warrantless Searches Warning: If a police officer asks your permission to search, you are under no obligation to consent. The only reason he's asking you is because he doesn't have enough evidence to search without your consent. If you consent to a search request you give up one of the most important constitutional rights you have—your Fourth Amendment protection against unreasonable searches and seizures. A majority of avoidable police searches occur because citizens naively waive their Fourth Amendment rights by consenting to warrantless searches. As a general rule, if a person consents to a warrantless search, the search automatically becomes reasonable and therefore legal. Consequently, whatever an officer finds during such a search can be used to convict the person. Don't expect a police officer to tell you about your right not to consent. Police officers are not required by law to inform you of your rights before asking you to consent to a search. In addition, police officers are trained to use their authority to get people to consent to a search, and most people are predisposed to comply with any request a police officer makes. For example, the average motorist stopped by a police officer who asks them, "Would you mind if I search your vehicle, please?" will probably consent to the officer's search without realizing that they have every right to deny the officer's request. If, for any reason you don't want the officer digging through your belongings, you should refuse to consent by saying something like, "Officer, I know you want to do your job, but I do not consent to any searches of my private property." If the officer still proceeds to search you and finds illegal contraband, your attorney can argue that the contraband was discovered through an illegal search and hence should be thrown out of court. You should never hesitate to assert your constitutional rights. Just say "no!" 4) Determine if You Can Leave You have the right to terminate an encounter with a police officer unless you are being detained under police custody or have been arrested. The general rule is that you don't have to answer any questions that the police ask you. This rule comes from the Fifth Amendment to the U.S. Constitution, which protects you against self-incrimination. If you cannot tell if you are allowed to leave, say to the officer, "I have to be on my way. Am I free to go?" If the officer says "Yes," tell him to have a nice day, and leave immediately. If the officer's answer is ambiguous, or if he asks you another unrelated question, persist by asking "am I being detained, or can I go now?" If the officer says "No," you are being detained, and you may be placed under arrest. If this is the case, reassert your rights as outlined above, and follow Rules #5 and #6. 5) Do Not Answer Questions without Your Attorney Present There is no reason to worry that your failure to answer the officer's questions will later be used against you. The truth is just the opposite: Anything you say can, and probably will, be used against you. In just about any case imaginable, a person is best off not answering any questions about his involvement in anything illegal. Assert your Fifth and Sixth Amendment rights by saying these exact words: "Officer, I have nothing to say until I speak with a lawyer." *Remember- If you do choose to answer any of the officer's questions, always be honest. Police are not easily tricked and will often become hostile if they feel disrespected. If you feel it is best not to answer truthfully, then don't say anything at all. 6) Do Not Physically Resist If the police proceed to detain, search, or arrest you despite your wishes—do not physically resist. You may state clearly but non-confrontationally: "Officer, I am not resisting arrest and I do not consent to any searches." Or you may assert your rights by simply saying nothing until you can speak with an attorney. |
That has to be about the ONLY prosecution ever under the state AWB. |
And lets hope its the last. I wish he got off because the NYSP put a lot of work into it. I hope that they feel a violation charge was not worth the effort and it deters them from trying again. |
Where did this occur. I don't recall reading anything about it in the HTF. Do you have the specifics of the case, defendant name and court info? |
This case never hit the local paper and only a very few people know about it. Mostly the people involved. I don't have a lot of court info but it happened in Schenectady city court. I'm not going to give the guys name because his name was never dragged threw the mud and never hit really hit the public. I'm sure its public record, if you find it do the poor guy a favor and keep it to yourself. |
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Do you know anything about this case? Date: October 17, 2006 Publication: Daily Gazette, The (Schenectady, NY) "City police said a local man was arrested Monday afternoon on felony weapons charges after patrol officers found five loaded guns in his car during a routine traffic stop by the Public Safety Building. xxxxxxxxxxxx, 24, of Kline Street, was charged with three counts of third degree criminal possession of a firearm, two for having loaded hand guns and a third for having an AR-15 semi-automatic assault rifle. He was also charged with a misdemeanor of driving on a suspended license" |
This is not the same guy I'm talking about. There is no Kline St in Schenectady. I looked it up and it was in Amsterdam NY. Kline street is in welfare central part of Amsterdam. This part of Amsterdam is nicknamed Amsterico. I'm good friends with a detective from there I'll try and remember to ask him about it next time I see him. |
Under the Terry rules the officer can extend the frisk to the interior of the passenger compartment and can open unlocked containers that could contain a weapon. Of course this implies that the officer is authorized to perform a Terry frisk in the first place, In any case as you said as a general rule to not consent if asked to a search of your person, property or vehicle. |
I believe so. The guy was lucky he had some of the city police talk to the Trooper on his behalf. I've dealt with the guy myself and hes one of the good guys. |