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Posted: 9/9/2010 8:51:11 AM EDT
[Last Edit: 9/9/2010 8:51:55 AM EDT by NY_crawler]

Assault rifle found inside car trunk

Updated: Thursday, 09 Sep 2010, 9:57 AM EDT
Published : Thursday, 09 Sep 2010, 9:53 AM EDT


Posted by: Emily Lenihan
BUFFALO, N.Y. (WIVB) - A 27-year-old Buffalo man is facing weapon and drug charges.

While driving on the I-190, Joseph Provorse was stopped by a license plate reader car and found to be driving on a suspended driver's license.

Before towing the vehicle, a police search revealed an assault rifle in the trunk of the car.

Provorse is also accused of possessing a small amount of marijuana.

Provorse was charged with third-degree criminal possession of a weapon, unlawful possession of marijuana and third-degree aggravated unlicensed operation.

Link Posted: 9/9/2010 8:51:45 AM EDT
I was just about to post this, you beat me to it.
Link Posted: 9/9/2010 8:55:08 AM EDT
That looks like a Hi-Point carbine.

I don't understand why he was charged for the gun.
Link Posted: 9/9/2010 8:56:02 AM EDT
[Last Edit: 9/9/2010 9:05:54 AM EDT by NY_crawler]
I like how the scary "assault weapon" is a Hi-Point 9mm carbine that is NYS legal from the looks of it.

And as always we have people calling it a SMG and saying its only used to spray crowds.

The only reason he is charged for the gun could be because he had a gun and drugs.


Correction:

S 265.02 Criminal possession of a weapon in the third degree.
  A person is guilty of criminal possession of a weapon in the third
degree when:
  (1) He commits the crime of criminal possession of a weapon in the
fourth degree as defined in subdivision one, two, three or five of
section 265.01, and has been previously convicted of any crime; or
  (2) He possesses any explosive or incendiary bomb, bombshell, firearm
silencer, machine-gun or any other firearm or weapon simulating a
machine-gun and which is adaptable for such use; or
  (3) He knowingly has in his possession a machine-gun, firearm, rifle
or shotgun which has been defaced for the purpose of concealment or
prevention of the detection of a crime or misrepresenting the identity
of such machine-gun, firearm, rifle or shotgun; or
  (4) Such person possesses any loaded firearm. Such possession shall
not, except as provided in subdivision one or seven, constitute a
violation of this section if such possession takes place in such
person`s home or place of business; or
  (5) (i) Such person possesses twenty or more firearms; or (ii) such
person possesses a firearm and has been previously convicted of a felony
or a class A misdemeanor defined in this chapter within the five years
immediately preceding the commission of the offense and such possession
did not take place in the person`s home or place of business; or
  (6) Such person knowingly possesses any disguised gun; or
  (7) Such person possesses an assault weapon; or
  (8) Such person possesses a large capacity ammunition feeding device.
  Criminal possession of a weapon in the third degree is a class D felony.

It could be a multitude of things but the red text jumped out at me.

ETA: He could have prior convictions also.

Link Posted: 9/9/2010 9:03:11 AM EDT
[Last Edit: 9/9/2010 9:06:26 AM EDT by Tahawus]
Edited: Never mind you beat me to it. I just posted that section.

Unless there is information we don't know about, this guy may be getting railroaded here by cops who don't know the law. But since the local media won't ask, their readers and viewers will be left with the impression that an illegal assault weapon was taken off the streets and no more children will be killed by it. We need to find out what is going on here and make an appropriate response.
Link Posted: 9/9/2010 9:32:33 AM EDT
guns and drugs...

prob charged for weapons violation because of the drugs.

762 could easily tell us
Link Posted: 9/9/2010 9:47:04 AM EDT
If that pic is the firearm found in his trunk, it looks to be in compliance with AWB. The stock is fixed, the barrels muzzle is not threaded/no flash hider, and I see no bayonet lug. Hi-Point mags are all 10rds unless he's somehow found some hi-caps which are damn rare.

Probably gonna get pinched for the pot + gun + suspended DL = doom on him.

Drugs are bad Mmmkay.
Link Posted: 9/9/2010 9:51:13 AM EDT
Originally Posted By LuvBUSHmaster:
If that pic is the firearm found in his trunk, it looks to be in compliance with AWB. The stock is fixed, the barrels muzzle is not threaded/no flash hider, and I see no bayonet lug. Hi-Point mags are all 10rds unless he's somehow found some hi-caps which are damn rare.

Probably gonna get pinched for the pot + gun + suspended DL = doom on him.

Drugs are bad Mmmkay.


Maybe its the super scary fold up foregrip.....

I am sure its a combination of what they found in the car and the gun. This is probably not his first rodeo.
Link Posted: 9/9/2010 9:56:06 AM EDT
I don't even know what to say, we travel the 90 to the Dunkirk area with compliant ar stuff all the time. Just don't get pulled over???
Link Posted: 9/9/2010 9:56:33 AM EDT
[Last Edit: 9/9/2010 12:11:57 PM EDT by tyranid]
The city of Buffalo has its on AWB that is more restrictive than state law.
http://www.generalcode.com/samples/04Spr_2.html#samp1
Link Posted: 9/9/2010 10:06:45 AM EDT
Originally Posted By tyranid:
The city of Buffalo has its on AWB that is more restrictive than state law.


???
Link Posted: 9/9/2010 10:15:12 AM EDT
[Last Edit: 9/9/2010 10:20:13 AM EDT by thederrick106]
Originally Posted By tyranid:
The city of Buffalo has its on AWB that is more restrictive than state law.


maybe this? (could not find anything about buffalo ban online), and something to do with the drugs.

unless modified all hi-points are NYS compliant. They dont fit the assault weapons deffinition in the NYS PL law.
Link Posted: 9/9/2010 10:17:08 AM EDT
[Last Edit: 9/9/2010 10:18:38 AM EDT by rkbar15]

Originally Posted By Tahawus:
That looks like a Hi-Point carbine.

I don't understand why he was charged for the gun.

Because there is no downside to charging him with CPW 3rd and later dropping the charges after a forensic examination of the rifle determines it not to be an AW. Plate readers are bagging a lot of mutts because they frequently have outstanding warrants and/or suspended/expired/revoked licenses and/or registrations.

Link Posted: 9/9/2010 10:26:16 AM EDT
Originally Posted By rkbar15:

Plate readers are bagging a lot of mutts because they frequently have outstanding warrants and/or suspended/expired/revoked licenses and/or registrations.



very true... see it every day!

Link Posted: 9/9/2010 10:37:42 AM EDT
Whether it is an "AW" or not is irrelevant. If the weapon was loaded, it is CPW. This is a good bust. Goodbye mutt.
Link Posted: 9/9/2010 11:08:25 AM EDT
[Last Edit: 9/9/2010 12:49:14 PM EDT by Tahawus]
Originally Posted By NomadWarrior:
Whether it is an "AW" or not is irrelevant. If the weapon was loaded, it is CPW. This is a good bust. Goodbye mutt.


No. A loaded firearm in a motor vehicle is an encon violation and is typically a small fine. A violation of the state's AWB is a felony. Big difference. I also have the original state police media release. I'll post it when i can. I'm on my phone. But the gist of it is they define an assault weapon as a semiauto, with a pistol grip and detachable mag with a barrel length of less than 16 inches. So it looks like he has an SBR?! Will post the release soon.
Link Posted: 9/9/2010 11:36:21 AM EDT

Originally Posted By Tahawus:

No. A loaded firearm is an encon violation and is typically a small fine. A violation of the state's AWB is a felony. Big difference. I also have the original state police media release. I'll post it when i can. I'm on my phone. But the gist of it is they define an assault weapon as a semiauto, with a pistol grip and detachable mag with a barrel length of less than 16 inches. So it looks like he has an SBR?! Will post the release soon.

A loaded rifle/shotgun in or upon a MV is an ENCON offense. Illegal possessions of a "firearm" is a PL offense. A barrel length for a rifle < 16" and/or a OAL < 26" is a "firearm" and illegal to possess in NYS unless you're an exempt LEO. An AW is also a "firearm". What he actually possessed is not clear as there are a number of things that can get you charged with CPW 3rd.


3. "Firearm" means (a) any pistol or revolver; or (b) a shotgun having one or more barrels less than eighteen inches in length; or (c) a rifle having one or more barrels less than sixteen inches in length; or (d) any weapon made from a shotgun or rifle whether by alteration, modification, or otherwise if such weapon as altered, modified, or otherwise has an overall length of less than twenty-six inches; or (e) an assault weapon. For the purpose of this subdivision the length of the barrel on a shotgun or rifle shall be determined by measuring the distance between the muzzle and the face of the bolt, breech, or breechlock when closed and when the shotgun or rifle is cocked; the overall length of a weapon made from a shotgun or rifle is the distance between the extreme ends of the weapon measured along a line parallel to the center line of the bore. Firearm does not include an antique firearm.


§ 265.02 Criminal possession of a weapon in the third degree. A person is guilty of criminal possession of a weapon in the third degree when: (1) Such person commits the crime of criminal possession of a weapon in the fourth degree as defined in subdivision one, two, three or five of section 265.01, and has been previously convicted of any crime; or (2) Such person possesses any explosive or incendiary bomb, bombshell, firearm silencer, machine-gun or any other firearm or weapon simulating a machine-gun and which is adaptable for such use; or (3) Such person knowingly possesses a machine-gun, firearm, rifle or shotgun which has been defaced for the purpose of concealment or prevention of the detection of a crime or misrepresenting the identity of such machine-gun, firearm, rifle or shotgun; or (5) (i) Such person possesses three or more firearms; or (ii) such person possesses a firearm and has been previously convicted of a felony or a class A misdemeanor defined in this chapter within the five years immediately preceding the commission of the offense and such possession did not take place in the person's home or place of business; or (6) Such person knowingly possesses any disguised gun; or (7) Such person possesses an assault weapon; or (8) Such person possesses a large capacity ammunition feeding device. Criminal possession of a weapon in the third degree is a class D felony.


Link Posted: 9/9/2010 11:39:16 AM EDT
[Last Edit: 9/9/2010 12:25:07 PM EDT by rkbar15]

Originally Posted By NY_crawler:


S 265.02 Criminal possession of a weapon in the third degree. 


Your 265.02 PL statute is old and outdated. If you're using ypdcrime.com be aware it has not been kept current.

Link Posted: 9/9/2010 12:50:57 PM EDT
Here is the media release from state police regarding this matter from Troop T, I believe. This is the actual text of the release including the headline. All verbiage is from state police:


Traffic Stop on the I-190 in the City of Buffalo locates an assault rifle hidden in the vehicle's trunk

JOSEPH PROVORSE, age 27, of Buffalo NY was arrested by SP Buffalo patrols at a traffic stop on the I-190 in the City of Buffalo. Mr. PROVORSE was stopped following a suspended plate “hit” on a license plate reader car. The license plate reader car is a marked State Police car specially equipped to locate stolen vehicles and suspended/revoked registrations. The defendant was found to also be operating on a suspended NY driver’s license. A search of the vehicle prior to tow revealed an assault rifle in the trunk of the car. The defendant was also found to possess a small amount of marijuana.

The NYS Penal Law defines a weapon as an assault weapon if: it is semi-automatic, has a detachable magazine, has a pistol grip and a barrel length less than 16 inches. Mr. PROVORSE was processed at SP Buffalo and is being held at the Erie County Holding Center pending morning arraignment in the Buffalo City Court. The defendant was charged with Criminal Possession of a Weapon 3rd degree, Unlawful Possession of Marijuana, and Aggravated Unlicensed Operation 3rd.


Link Posted: 9/9/2010 12:54:04 PM EDT
[Last Edit: 9/9/2010 12:59:32 PM EDT by NY_crawler]

Originally Posted By rkbar15:

Originally Posted By NY_crawler:


S 265.02 Criminal possession of a weapon in the third degree. 


Your 265.02 PL statute is old and outdated. If you're using ypdcrime.com be aware it has not been kept current.


Thanks for letting me know. I will try and avoid YPD in the future. Also when it states "3 or more firearms" does that mean 3 or more unregistered pistols? I thought a pistol is a firearm in NYS?

ETA: The less than 16 inch barrel has nothing to do with the rifle being AWB compliant, and by looking at the picture and on HI-Points website, that barrel is compliant. <16 inches and your going to club FED.
Link Posted: 9/9/2010 2:17:28 PM EDT
I had a thread about something like this..got locked...but this answers my questions about NYS and 'assault weapons" that rifle has to be compliant.

but they got him for other shit..so lets throw an AWB violation on there for good measure...fucked up for sure.
Link Posted: 9/9/2010 3:12:52 PM EDT
[Last Edit: 9/9/2010 3:19:17 PM EDT by Tahawus]
Originally Posted By tyranid:
The city of Buffalo has its on AWB that is more restrictive than state law.
http://www.generalcode.com/samples/04Spr_2.html#samp1


He was charged under the state law, which is a class D felony.

You know what gets me is that the definition of an assault weapon from the state police in that media release (The NYS Penal Law defines a weapon as an assault weapon if: it is semi-automatic, has a detachable magazine, has a pistol grip and a barrel length less than 16 inches.) is so loose that it includes all semi-automatic handguns!

I also did not think barrel length was a component of the state's AWB. So color me stupid, but I think the state police are just making stuff up here. If they are, they need to be called out on it, regardless if this "mutt" is a pothead or not.
Link Posted: 9/9/2010 3:26:43 PM EDT

Originally Posted By NY_crawler:

Thanks for letting me know. I will try and avoid YPD in the future. Also when it states "3 or more firearms" does that mean 3 or more unregistered pistols? I thought a pistol is a firearm in NYS?

ETA: The less than 16 inch barrel has nothing to do with the rifle being AWB compliant, and by looking at the picture and on HI-Points website, that barrel is compliant. <16 inches and your going to club FED.

Yes, "3 or more firearms" could mean possession of 3 or more unlicensed handguns. You need to keep in mind that an "assault weapon" could either be an illegal "firearm", an illegal "firearm" with a rifle barrel < 16" or < 26" OAL or all three at the same time.

It's not clear what the NYSP press release means as it could be an SBR "firearm" or an assault weapon "firearm" or just a case where something was incorrectly described by the author.

Link Posted: 9/9/2010 3:28:29 PM EDT
[Last Edit: 9/9/2010 3:32:19 PM EDT by Aimless]
Link Posted: 9/9/2010 3:30:10 PM EDT

Originally Posted By Tahawus:

I also did not think barrel length was a component of the state's AWB. So color me stupid, but I think the state police are just making stuff up here. If they are, they need to be called out on it, regardless if this "mutt" is a pothead or not.


Not true. The NYSP are extremely professional about these things and have been helpful in "uncharging" people who had been charged with AW possession by local or county PDs.

Link Posted: 9/9/2010 3:34:08 PM EDT
[Last Edit: 9/9/2010 3:38:13 PM EDT by Tahawus]
Originally Posted By rkbar15:

Originally Posted By Tahawus:

I also did not think barrel length was a component of the state's AWB. So color me stupid, but I think the state police are just making stuff up here. If they are, they need to be called out on it, regardless if this "mutt" is a pothead or not.


Not true. The NYSP are extremely professional about these things and have been helpful in "uncharging" people who had been charged with AW possession by local or county PDs.



I certainly don't intend to paint all troopers with the same brush, but how do you explain this felony charge and their use of the politically-loaded term "assault rifle" and what appears to be their misleading definition of what constitutes a violation of the AWB?
Link Posted: 9/9/2010 3:49:32 PM EDT

Originally Posted By Aimless:

I heard that one judge in Syracuse started dismissing all auo cases if the DA could not produce a DMV employee to testify about the authenticity of the suspension records. I heard something like 50 were dismissed. The judges are getting tires of the huge numbers of Auos cloggin up the court calendars and screwing up their standards and goals now that every pd in the state has plate readers.


Due to clerical mistakes/wacky computers by the DMV, insurance companies and/or local courts there are quite a few mistakenly suspended driver licenses and registrations. Contrary to popular belief the DMV provides suspension notices as a "courtesy" and if your license and/or registration are suspended because of a clerical or system error you might not be aware of it.

Link Posted: 9/9/2010 3:54:12 PM EDT

Originally Posted By Tahawus:

I certainly don't intend to paint all troopers with the same brush, but how do you explain this felony charge and their use of the politically-loaded term "assault rifle" and what appears to be their misleading definition of what constitutes a violation of the AWB?


We'll have to wait for 762 to explain it if he can. It could be just a simple mistake.
Link Posted: 9/10/2010 3:59:32 AM EDT

Originally Posted By rkbar15:

Originally Posted By Aimless:

I heard that one judge in Syracuse started dismissing all auo cases if the DA could not produce a DMV employee to testify about the authenticity of the suspension records. I heard something like 50 were dismissed. The judges are getting tires of the huge numbers of Auos cloggin up the court calendars and screwing up their standards and goals now that every pd in the state has plate readers.


Due to clerical mistakes/wacky computers by the DMV, insurance companies and/or local courts there are quite a few mistakenly suspended driver licenses and registrations.


A few years ago I received a notice of insurance suspension from my insurance company along with the statement they had notified DMV. Turns out the insurance company, who I am no longer with, applied my payment to someone else's account and they lapsed me for failure to pay. They immediately corrected that but I had to carry around an official letter explaining the problem in case I got stopped due to DMV taking its time to undo what should not have been done in the first place.

The whole system is wacko.

Link Posted: 9/10/2010 6:01:49 AM EDT
Check the link to the original story again. There is an update saying the firearm may be legally possessed and that the DA may drop that charge.
Link Posted: 9/10/2010 6:07:14 AM EDT
Originally Posted By KML7201:
Check the link to the original story again. There is an update saying the firearm may be legally possessed and that the DA may drop that charge.


Wow. I wonder how that went down. Anybody know?

Link Posted: 9/10/2010 6:07:19 AM EDT
Originally Posted By KML7201:
Check the link to the original story again. There is an update saying the firearm may be legally possessed and that the DA may drop that charge.


good to hear that weapon is not an "assault weapon" under NY law..I hope the charge gets dropped.
Link Posted: 9/10/2010 6:12:35 AM EDT

Originally Posted By rkbar15:

Originally Posted By Tahawus:

I also did not think barrel length was a component of the state's AWB. So color me stupid, but I think the state police are just making stuff up here. If they are, they need to be called out on it, regardless if this "mutt" is a pothead or not.


Not true. The NYSP are extremely professional about these things and have been helpful in "uncharging" people who had been charged with AW possession by local or county PDs.


Like I said.

BUFFALO, N.Y. (WIVB) - A 27-year-old Buffalo man is facing weapon and drug charges.

While driving on the I-190, Joseph Provorse was stopped by a license plate reader car and found to be
driving on a suspended driver's license.

Before towing the vehicle, a police search revealed an assault rifle in the trunk of the car. Provorse is
also accused of possessing a small amount of marijuana. Provorse was charged with third-degree criminal
possession of a weapon, unlawful possession of marijuana and third-degree aggravated unlicensed operation.

UPDATE: The NYS Police now tell News 4 the assault rifle may be legally possessed. The DA's office has
been contacted to dismiss the criminal possession of a weapon charge against Provorse. The other two charges
remain.



Link Posted: 9/10/2010 6:16:19 AM EDT
[Last Edit: 9/10/2010 6:23:45 AM EDT by Tahawus]
What a crazy situation. Who do we need to thank for setting this right? Could someone please thank them for me?

Maybe you were right, rkbar15!

But it's crazy to think that this could happen to any one of us. Of course we aren't all potheads and driving without licenses, but some uninformed LEO can come across you plinking somewhere and not knowing the law, charge you with a felony.
Unlawful possession of marijuana is a violation and is technically not considered a crime in the state. The AUO3rd charge is a vehicle and traffic law misdemeanor. In nearly all cases with these charges, a person will get released almost immediately on appearance tickets. This guy got booked on a felony for a legal gun. It's crazy.

Link Posted: 9/10/2010 6:31:49 AM EDT
[Last Edit: 9/10/2010 9:58:31 AM EDT by rkbar15]

Originally Posted By Aardvark:

A few years ago I received a notice of insurance suspension from my insurance company along with the statement they had notified DMV. Turns out the insurance company, who I am no longer with, applied my payment to someone else's account and they lapsed me for failure to pay. They immediately corrected that but I had to carry around an official letter explaining the problem in case I got stopped due to DMV taking its time to undo what should not have been done in the first place.

The whole system is wacko.


My registration was mistakenly suspended when my insurance company renewed my auto policy with a subsidiary company and sent a termination notice to the DMV. Unfortunately either the insurance company never sent the new insurance info or the DMV system screwed it up. I never received a susp. notice from the DMV and didn't find out until I tried to renew my registration a few months later. I had the same letter deal and my insurance agent straightened everything out so I could re-register my car.

If you ever change insurance companies, pay a ticket or get a ticket dismissed at trial wait a month or two and get a DMV driving record report to make sure the court clerk or insurance company didn't mistakenly report your sorry ass as uninsured, failed to appear or failed to pay the fine.

If your car is ever stolen and recovered make sure you get a new set of plates or down the road you could end up on the wrong side of felony stop.




Link Posted: 9/10/2010 7:59:11 AM EDT
Suspended registration for insurance lapse is bullshit 90% of the time
Link Posted: 9/10/2010 11:35:07 AM EDT
[Last Edit: 9/10/2010 11:35:29 AM EDT by thederrick106]
Originally Posted By rkbar15:

My registration was mistakenly suspended when my insurance company renewed my auto policy with a subsidiary company and sent a termination notice to the DMV. Unfortunately either the insurance company never sent the new insurance info or the DMV system screwed it up. I never received a susp. notice from the DMV and didn't find out until I tried to renew my registration a few months later. I had the same letter deal and my insurance agent straightened everything out so I could re-register my car.

If you ever change insurance companies, pay a ticket or get a ticket dismissed at trial wait a month or two and get a DMV driving record report to make sure the court clerk or insurance company didn't mistakenly report your sorry ass as uninsured, failed to appear or failed to pay the fine.

If your car is ever stolen and recovered make sure you get a new set of plates or down the road you could end up on the wrong side of felony stop.



This good advice! especially if you switch insurance carriers. your old insurance is always quick to let dmv know your not covered but you new one is not always so quick to let dmv know you are covered.

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