Quoted:
Quoted:
Quoted: I haven't bought any Glock mags since the ban ended -- what stupid rules, that I commit a felony unless I bring a 20 page feature guide to determine the year the mag was made.
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Is that true? That the burden of proof is on the accused? Very anti-American!
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Yes, it's true. The state only has to prove that you have a mag with >10 round capacity. It's up to you to prove it's preban.
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Phil-help me out here-I thought under the Penal Law (Section 25 below) a defendant only has the burden of proving an "affirmative defense" and that an affirmative defense has to be clearly defined as such by statute. I didn't think the "grandfather clause" constituted an affirmative defense because the Penal Law does not declare it to be one.
Thanks!
Penal Law § 25.00. Defenses; burden of proof
1. When a "defense," other than an "affirmative defense," defined by
statute is raised at a trial, the people have the burden of disproving such
defense beyond a reasonable doubt.
2. When a defense declared by statute to be an "affirmative defense" is
raised at a trial, the defendant has the burden of establishing such
defense by a preponderance of the evidence.