Posted: 2/9/2013 7:59:32 AM EDT
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What if a county's district attorney simply went on record stating that his office will not prosecute any cases involving violations of the NY SAFE act laws (except, of course, in cases where a separate crime was committed).
Wouldn't that effectively nullify the law in those counties? Is there any way for law enforcement that happens to have a hard on get an end-run around a D.A.? Granted, it won't do anything for the availabilty of certain guns, mags, and ammo, but I am more talking about things like more than 7 round in a home or personal defense gun, etc. |
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The Attorney General (A/G) has a criminal prosecution division which has jurisdiction to prosecute cases state-wide. So... if a police agency... say the NYSP makes an arrest which is DP'd by a local prosecutor, they could take the case to the A/G for prosecution. Oh here's your A/G...
Official Statement From A.G. Schneiderman Regarding Passage Of The NY Safe Act http://www.ag.ny.gov/press-release/statement-ag-schneiderman-regarding-passage-ny-safe-act ALBANY ‑ The following statement can be attributed to Attorney General Eric T. Schneiderman regarding the passage of the NY SAFE Act by the State legislature: "With the passage of this legislation, our state has taken decisive action to protect New Yorkers from gun violence. By expanding the state’s assault weapons ban, limiting high-capacity magazines and improving background checks, among other measures, the Legislature and Governor Cuomo deserve credit for putting the safety of our communities first. I look forward to continuing to work together with my colleagues in government and law enforcement as we seek to expand our efforts to keep guns out of the hands of dangerous people." |
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They really don't have the time/money to prosecute SAFE violations unless the person was already involved in some other sort of crime.
Not to mention the 30 days to register if you were unaware etc I realize this isn't a great answer but Canada setup a national gun registration it ended up costing some insane amount of money to the point is was bankrupting other things and the rate of non compliance was so high they killed it. |
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Okay, so that's a non-starter. Thanks esq. Time to look for a different 11 foot ladder for their 10 foot wall. Too bad, because if we could divert our efforts away from trying to keep our rights for just a month, we could probably collectively cure cancer. Sad but true. This might be a long fight. I think the best avenue will be the courts. I was actually wondering if any of the attys here were thinking of using our collective braintrust and volunteering some legal service to the effort.... maybe an amicus brief....? |
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I'm more talking about the $1,000 in "pre-ban" formerly legal - now illegal 10+ mags I have that have no resale value (even if I did want to sell them).
I am pissed beyond pissed. At least Australia had the state-purchase option. These fucks expect us to sell (which we can't do in state and there is NO market for out of state) or destroy. I can't wait until the 28th when I will ask some of these fucks who voted on this if it's okay for me to come over their house and just throw some of their shit in the fucking garbage can. Pissed beyond pissed. |
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I'm more talking about the $1,000 in "pre-ban" formerly legal - now illegal 10+ mags I have that have no resale value (even if I did want to sell them). I am pissed beyond pissed. At least Australia had the state-purchase option. These fucks expect us to sell (which we can't do in state and there is NO market for out of state) or destroy. I can't wait until the 28th when I will ask some of these fucks who voted on this if it's okay for me to come over their house and just throw some of their shit in the fucking garbage can. Pissed beyond pissed. this  
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I'm more talking about the $1,000 in "pre-ban" formerly legal - now illegal 10+ mags I have that have no resale value (even if I did want to sell them). I am pissed beyond pissed. At least Australia had the state-purchase option. These fucks expect us to sell (which we can't do in state and there is NO market for out of state) or destroy. I can't wait until the 28th when I will ask some of these fucks who voted on this if it's okay for me to come over their house and just throw some of their shit in the fucking garbage can. Pissed beyond pissed. this
Add in the $$$$$ to buy 10rd mags to replace all the pre-bans...and they all need to be bought ASAP to be grandfathered in (for how long we don't know). I like to have at least 6 mags for each gun, 8 is a better number...and this is basically a lifetime supply, since there will be no new ones allowed shortly. If someone were to have 9 magazine fed guns, you are talking 54 mags at $20-$30 each. |
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The Attorney General (A/G) has a criminal prosecution division which has jurisdiction to prosecute cases state-wide. So... if a police agency... say the NYSP makes an arrest which is DP'd by a local prosecutor, they could take the case to the A/G for prosecution. Oh here's your A/G... Official Statement From A.G. Schneiderman Regarding Passage Of The NY Safe Act http://www.ag.ny.gov/press-release/statement-ag-schneiderman-regarding-passage-ny-safe-act ALBANY ‑ The following statement can be attributed to Attorney General Eric T. Schneiderman regarding the passage of the NY SAFE Act by the State legislature: "With the passage of this legislation, our state has taken decisive action to protect New Yorkers from gun violence. By expanding the state’s assault weapons ban, limiting high-capacity magazines and improving background checks, among other measures, the Legislature and Governor Cuomo deserve credit for putting the safety of our communities first. I look forward to continuing to work together with my colleagues in government and law enforcement as we seek to expand our efforts to keep guns out of the hands of dangerous people." Robert, How do the county sheriffs fit into all this in NY? Would a sheriff have authority to arrest Cuomo, Schneiderman, or Skellos for violating CVR Art 2 Sec 4? I realize this wouldn't fly in Albany county, as Soares would not prosecute it, but what about a Sheriff / Co. DA combination that would? Any merit? What recourse if any would the state have against the County authorities? |
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The Attorney General (A/G) has a criminal prosecution division which has jurisdiction to prosecute cases state-wide. So... if a police agency... say the NYSP makes an arrest which is DP'd by a local prosecutor, they could take the case to the A/G for prosecution. Oh here's your A/G... Official Statement From A.G. Schneiderman Regarding Passage Of The NY Safe Act http://www.ag.ny.gov/press-release/statement-ag-schneiderman-regarding-passage-ny-safe-act ALBANY ‑ The following statement can be attributed to Attorney General Eric T. Schneiderman regarding the passage of the NY SAFE Act by the State legislature: "With the passage of this legislation, our state has taken decisive action to protect New Yorkers from gun violence. By expanding the state’s assault weapons ban, limiting high-capacity magazines and improving background checks, among other measures, the Legislature and Governor Cuomo deserve credit for putting the safety of our communities first. I look forward to continuing to work together with my colleagues in government and law enforcement as we seek to expand our efforts to keep guns out of the hands of dangerous people." Robert, How do the county sheriffs fit into all this in NY? Would a sheriff have authority to arrest Cuomo, Schneiderman, or Skellos for violating CVR Art 2 Sec 4? I realize this wouldn't fly in Albany county, as Soares would not prosecute it, but what about a Sheriff / Co. DA combination that would? Any merit? What recourse if any would the state have against the County authorities? Those are not penal codes or crimes.... violations of civil statutes are matters for the courts not the police.... These legislative initiatives need to be addressed and fought in the courts. |