Posted: 12/18/2009 8:43:41 AM EDT
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http://thefiringline.com/forums/showthread.php?t=389418
" I'm a licensed handgun owner who has a NYC Residence Permit with 5 registered handguns. I work as a social worker in a "tough hood" in NYC, and most of the teens I work with are gang members who are referred from the criminal justice system. Early this month, I stopped at a Chinese takeout to get lunch and spoke with a coupe of my clients who happen to be members of a local bloods gang. A few minutes later, the captain of the precinct precinct pulled me over along with detectives. They did (what my lawyer said is an illegal search) of me and my vehicle. They kept asking me if I had any guns in the car, and I told them that I didn't. ( I only carry my gun to and from the pistol range every Sunday) I had an NRA sticker on the rear window of my SUV. When they searched me, they found a folding knife on me which they declared "illegal" (they said any knife is an illegal weapon) and they gave me a summons for illegal possession of a knife. It was a gift from the father of a former client of mine who happened to be a police officer in Nassau County Long Island. Trouble is, by having received a "summons" I had to contact the Police Licensing bureau who told me to turn in ALL my guns to my local police precinct as well as my license which was "suspended pending investigation". So know I'm w/o any of my guns all because of my carrying a folding knife. In the meantime, the gang members in the community that I work in are able to get guns and knives whenever they want to. Something seems seriously wrong with NYC's laws." The discussion goes on. Some things, especially about "carrying knives in NYC is illegal" really seem to be incorrect and off the wall. This guy also states that he routinely travels to ranges in Nassau with a premises license. I always thought it was a no-no and that only the ranges falling under the jurisdiction of NYC are ok. Your opinion, Gentlemen? |
| if a knife is an illegal weapon in NYC, then so is that softball bat I saw people using at the diamond near Chelsea Piers...and so is that pool cue I saw at the pool hall in the east village a few weeks ago...and so is that heavy rock i once found in central park. |
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Quoted: Quoted: Was he charged with a NYC admin code offense or a NY PL crim possession of a weapon charge? My opinion is to stay out of NYC and let them rot.  If the guy got a summons it would be NYC wouldn't it? PL criminal possession of a weapon in the fourth degree is a class A misdemeanor so they could have given him a desk/field appearance ticket and cut him loose. But you're probably correct that they charged him with an admin code violation. The blade was probably over 4". |
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Was he charged with a NYC admin code offense or a NY PL crim possession of a weapon charge? My opinion is to stay out of NYC and let them rot.
If the guy got a summons it would be NYC wouldn't it? PL criminal possession of a weapon in the fourth degree is a class A misdemeanor so they could have given him a desk/field appearance ticket and cut him loose. But you're probably correct that they charged him with an admin code violation. The blade was probably over 4". If he got cut loose from the scene he received a criminal court summons for the admin code violation. Our DAT's aren't issued from the field, you would still sit in the precinct for a while and be printed before being released with a DAT. |
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Quoted: If he got cut loose from the scene he received a criminal court summons for the admin code violation. Our DAT's aren't issued from the field, you would still sit in the precinct for a while and be printed before being released with a DAT. Well at least NYC is consistent on doing everything back asswards and not making any sense. The primary purpose of issuing a FAT is to avoid the time/expense of a custodial arrest for misdemeanors. If it's a printable offense the defendant is usually printed when he/she appears in court on the return date of the summons or by order of the court to appear for fingerprinting at the PD where the arrest was made. Maybe NYPD should spend more time rounding up and re-arresting the approx. million + dirt bags who have outstanding bench/arrest warrants instead of arresting some social worker with a folding pocket knife and fucking his life up. Outside NYC the local cops usually don't even bother arresting subjects with open NYC warrants because NYPD refuses come and get them. |
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If he got cut loose from the scene he received a criminal court summons for the admin code violation. Our DAT's aren't issued from the field, you would still sit in the precinct for a while and be printed before being released with a DAT. Well at least NYC is consistent on doing everything back asswards and not making any sense. The primary purpose of issuing a FAT is to avoid the time/expense of a custodial arrest for misdemeanors. If it's a printable offense the defendant is usually printed when he/she appears in court on the return date of the summons or by order of the court to appear for fingerprinting at the PD where the arrest was made. Maybe NYPD should spend more time rounding up and re-arresting the approx. million + dirt bags who have outstanding bench/arrest warrants instead of arresting some social worker with a folding pocket knife and fucking his life up. Outside NYC the local cops usually don't even bother arresting subjects with open NYC warrants because NYPD refuses come and get them. At one point DATs were done quicker, although they were always done at the precinct just to verify their identity before cutting them loose. However at one point a police officer in Staten Island named Gerard Carter was killed by a perp who had just been arrested for hopping a turnstyle and was issued a DAT. At the time he was given the DAT he was just released from a juvenile detention center, where he spent a couple years for beating a homeless man to death, and was a suspect in another homicide. After this the policy was changed to wait for fingerprints to come back before issuing a DAT. |
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Quoted: At one point DATs were done quicker, although they were always done at the precinct just to verify their identity before cutting them loose. However at one point a police officer in Staten Island named Gerard Carter was killed by a perp who had just been arrested for hopping a turnstyle and was issued a DAT. At the time he was given the DAT he was just released from a juvenile detention center, where he spent a couple years for beating a homeless man to death, and was a suspect in another homicide. After this the policy was changed to wait for fingerprints to come back before issuing a DAT. That's all good and well and everything a PO can legally do to make his/her job safer is fine with me. Unfortunately it flies in the face of NYPD policy to not even bother to actively find and arrest (except in certain violent felony cases) the numerous subjects living in NYC that have outstanding bench/arrest warrants. In fact the City of NY is quite happy to export their active wants/warrants population to areas outside of NYC where they become the problem and officer safety issue of those jurisdictions outside of NYC. |
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At one point DATs were done quicker, although they were always done at the precinct just to verify their identity before cutting them loose. However at one point a police officer in Staten Island named Gerard Carter was killed by a perp who had just been arrested for hopping a turnstyle and was issued a DAT. At the time he was given the DAT he was just released from a juvenile detention center, where he spent a couple years for beating a homeless man to death, and was a suspect in another homicide. After this the policy was changed to wait for fingerprints to come back before issuing a DAT. That's all good and well and everything a PO can legally do to make his/her job safer is fine with me. Unfortunately it flies in the face of NYPD policy to not even bother to actively find and arrest (except in certain violent felony cases) the numerous subjects living in NYC that have outstanding bench/arrest warrants. In fact the City of NY is quite happy to export their active wants/warrants population to areas outside of NYC where they become the problem and officer safety issue of those jurisdictions outside of NYC. Well you will certainly not get an argument from me that a lot of what the NYPD does flies in the face of reason, that is for sure. I do have to say however, that our warrants section does bring in a lot of warrants that aren't just the violent felony offenses. There are squads within warrants that do strictly violent felonies, however there are plenty of detectives picking up people on misdemeanor warrants. There are just too many people with warrants to dedicate enough personnel to actively seek everyone with a warrant though, and many warrants get cleared when people are issued a summons, or arrested for something else and the a/o conducts a warrant check on that individual. In fact, the dept is so concerned with clearing up warrants that it a P.O. issues a summons to someone who has a warrant, and never conducted a warrant check, the officer will be issued a command discipline (nothwithstanding NYSPIN not being available at the time and there is no ability to check). As far as other not extraditing from other jurisdictions, I've called many other jurisdictions when we have someone who pops in another state, and they generally have no intention of actually extraditing unless it is for a violent felony offense. BTW I hope it doesn't seem like I'm trying to get into a pissing match here, definitely not my intent. While I do not agree with how the NYPD does certain things, especially the general attitude of the dept when it comes to firearms owners, and there are going to be some assholes in a dept of 37,000, overall when it comes to fighting crime it actually does a pretty good job. |
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Quoted: BTW I hope it doesn't seem like I'm trying to get into a pissing match here, definitely not my intent. While I do not agree with how the NYPD does certain things, especially the general attitude of the dept when it comes to firearms owners, and there are going to be some assholes in a dept of 37,000, overall when it comes to fighting crime it actually does a pretty good job. Nah, no pissing match here either. The NYPD is undermanned, underpaid, under equipped and the brass and city administration like to eat their own at every chance they get. I do agree you guys do a good job with the limited resources you have. It's good to hear that they are at least trying to clear as many open warrants as best they can. I realize it's like shoveling shit against the tide as there is no place to incarcerate them after they are picked up and the courts simply dump them back on to the street to re-offend. When I said the NYPD won't pick-up subjects arrested on open warrants I meant in some counties surrounding NYC. Unless something has changed except for ceratin cases they just tell the PD's to cut them loose as they don't have the personnel to come and get them. Since most of the departments are small departments they can't tie up a car and two PO's for several hours transporting the dirtbags to central booking in Queens. |
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BTW I hope it doesn't seem like I'm trying to get into a pissing match here, definitely not my intent. While I do not agree with how the NYPD does certain things, especially the general attitude of the dept when it comes to firearms owners, and there are going to be some assholes in a dept of 37,000, overall when it comes to fighting crime it actually does a pretty good job. Nah, no pissing match here either. The NYPD is undermanned, underpaid, under equipped and the brass and city administration like to eat their own at every chance they get. I do agree you guys do a good job with the limited resources you have. It's good to hear that they are at least trying to clear as many open warrants as best they can. I realize it's like shoveling shit against the tide as there is no place to incarcerate them after they are picked up and the courts simply dump them back on to the street to re-offend. When I said the NYPD won't pick-up subjects arrested on open warrants I meant in some counties surrounding NYC. Unless something has changed except for ceratin cases they just tell the PD's to cut them loose as they don't have the personnel to come and get them. Since most of the departments are small departments they can't tie up a car and two PO's for several hours transporting the dirtbags to central booking in Queens. Yeah you're right about the surrounding counties, if they have someone who as an open container warrant or misdemeanor drug warrant in a dept outside of the city, no one is going to go pick them up. Sometimes you just have to pick which pile of shit you're going to shovel against the tide that day when there are more piles than shovels. |
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Quoted: Yeah you're right about the surrounding counties, if they have someone who as an open container warrant or misdemeanor drug warrant in a dept outside of the city, no one is going to go pick them up. Sometimes you just have to pick which pile of shit you're going to shovel against the tide that day when there are more piles than shovels. A lot of local cops don't even bother to run DL license/reg checks on drivers from NYC with certain last names because there are so many association hits. Thanks Bloomberg for wasting city resources on trying to disarm law abiding gun owners across the nation instead of concentrating on the problems in NYC. If people in NYC really cared about the city they would have thrown his ass out long ago. |
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That is crazy. It seems as if legal gun ownership only sets up the citizen to specualtion by the police and if given the opportunity they can arrest you pretty much at will for anything- a big rock, a log, a bottle... Based on your experiences guys would you consider the PD supportive or unsupportive of those who are legal gun owners residing in NYC. If not why are they against it? My uncle Roger is a country sheriff in NC and he and his dept are pro-gun for decent citizens (pretty much everyone).
Why are the few law abiding patriots that are left in this hole getting their chops busted over nothing? Is this guys story accurate? |