DA will not prosecute man arrested under SAFE Act

An excellent steady state for the antis - no rallying point of a stupid prosecution, and people know that even a trivial offense will result in thousands in legal fees.

The is functionally the same as having a $5,000 to $10,000 fine for possession of normal mags.
It also likely precludes him from any sort of "may-issue" permit.
 
An excellent steady state for the antis - no rallying point of a stupid prosecution, and people know that even a trivial offense will result in thousands in legal fees.

The is functionally the same as having a $5,000 to $10,000 fine for possession of normal mags.

Once again Rob is correct, this is the best possible outcome for the state. No controversial trail and media coverage, fear and confusion remain for the firearm owners, the .gov can flex their muscles any time they desire.
 
Good post, and I positive repped it. The only problem is that new gun laws will not turn 20 million Americans into criminals because sheep exist among gun owners and most will follow the new laws. It's the frog in the pot of heating water thing.

Well, there are currently about a million criminals in MA who owned guns legally before the 1998 law passed. If the current legislation passes, most current gun owners, ~280,000, will likely be criminals, except for the guys who own a pump action shotgun and a revolver.

Gosh, Rep. Linsky, you're right. I only need 6 bullets to defend myself from guys with machetes screaming Allah Akbar! As they try to hack my wife and I to pieces.

Idiocy is all well and good, but when you're passing laws that prevent me from protecting my family in the infinitesimally small probability that terrorists or bad guys will attack them, there will be no negotiations. Honestly, you guys with your tinfoil hats living in fear of a tyrannical government or Islamic terrorists on our streets, what's wrong with you people? [thinking]
 
It will be interesting to see if Cuomo intervenes and prosecutes using a State AG or something similar. He will need to tamp down any dissent and remove non-conformers.

I think it's more likely that a public firing of someone who won't prosecute and then hiring some but kisser that will.

Cops can be the victims too though, give 'em a break. What would happen to that cop if the guy went down the road, put those extra two rounds back in his gun and shot up some place? The cop's head would be a pole outside the courthouse...

So you're saying they can let criminals out of jails when they don't have space to put them all, but 2 bullets... OMG!
 
To quote Bill above.. "Wut??"

Oh noesss...my USP mag holds 12 rounds! 2 over the 10 round limit!!! Does this mean I am going to go crazzzzzzzzzzzzzzzzy and insane!!!??? OH MY GODDDD!!! Oh wait; they are preban!!....I am safe from instantly going insane from having 2 more rounds than I am supposed to!!!!
 
I do feel weird about this dismissal. On one hand, we all stress the importance of enforcing the laws already here. Before you jump down my throat, no I would not want this to happen to me or anyone on here. I too, think the law sucks. On the other hand, could this going to court help with its repeal.

Coming off of jury duty, we get initially get briefed by the judge that mentioned the term plea bargaining. She stated cases are plea bargained in the interest of money saying it makes fiscal spence to plea bargain. How much does plea bargaining save compared to enacting dumb laws.
 
This received a lot of coverage, just the type of Cuomo propaganda he wanted to illustrate. Yes, "you will get arrested for 2 extra bullets" will leave a lot of gun owners wondering if its worth the hassle and comply in a mild mannered way. Is it worth to them to may or may not be prosecuted, who knows. Me, I would like to see every gun owner OC with the largest mags they could pop in full, but who knows. May have been a staged event also, a lot of that going around lately.
 
Look, we live in a day and age when too many don't want to take responsibility for anything. It's always someone elses fault, and we all suffer from this lack of willingness to stand up and say "yes, I did that. Because it seemed like the right thing to do." Some call this a lack of "common sense". Cops are in the middle of it just like the rest of us, they suffer from it too - maybe more so:

Family Of Woman Who Walked Onto Eisenhower Sues State Police « CBS Chicago

Drunk Driver Sues Police Because She Was Not Arrested.

That's the way it is.

How *should* it be? Look no further than this thread. Why is this DA's refusal to prosecute such a newsworthy item? Because it happens so rarely. More power to this guy. If the people who work in the system (like the cops) start to the get the idea that the folks higher up on the ladder (like this DA) are starting to exercise judgement and common sense, then they'll start to do the same. The concept is pretty simple, really. It's called leadership.
 
The only reason I would have liked to have seen this go to trial is so it could go to supreme court with some NRA $ to pay the bill.

Probably the real reason its not being pursued
 
The only reason I would have liked to have seen this go to trial is so it could go to supreme court with some NRA $ to pay the bill.

Probably the real reason its not being pursued
Indeed, any claim of fear about what "might happen" with those two extra bullets is utter bull#%!*

Comparing carrying two more bullets to driving drunk is some pretty vile bigoted nonsense. Sounds like something Pelosi would say.
 
I'm glad at least one person in NY had a brain.

I'm curious if the DA made a special exemption or if he is against the SAFE Act.
 
An excellent steady state for the antis - no rallying point of a stupid prosecution, and people know that even a trivial offense will result in thousands in legal fees.

The is functionally the same as having a $5,000 to $10,000 fine for possession of normal mags.
Exactly. No need to challenge the law at this point and risk a dismissal.

I do feel weird about this dismissal. On one hand, we all stress the importance of enforcing the laws already here.
Nononononono no. :D
We do NOT want the current laws enforced. That's what we SAY as we are trying to prevent MORE laws being passed, but nobody here actually wants most of the laws on the books to be enforced. It's our intellectually dishonest go-to line, just like when the anti's say "nobody wants to take your guns away."
Indeed, any claim of fear about what "might happen" with those two extra bullets is utter bull#%!*

Comparing carrying two more bullets to driving drunk is some pretty vile bigoted nonsense. Sounds like something Pelosi would say.
+1
 
An excellent steady state for the antis - no rallying point of a stupid prosecution, and people know that even a trivial offense will result in thousands in legal fees.

The is functionally the same as having a $5,000 to $10,000 fine for possession of normal mags.

They saw how effective FEAR is in keeping the M*******s in line, afraid to OC or even admit to neighbors that they are gun owners and found a way to do the same in NY: Pass an unconstitutional law that most will be fearful of breaking or challenging.
 
Look, we live in a day and age when too many don't want to take responsibility for anything. It's always someone elses fault, and we all suffer from this lack of willingness to stand up and say "yes, I did that. Because it seemed like the right thing to do." Some call this a lack of "common sense". Cops are in the middle of it just like the rest of us, they suffer from it too - maybe more so: That's the way it is.

How *should* it be? Look no further than this thread. Why is this DA's refusal to prosecute such a newsworthy item? Because it happens so rarely. More power to this guy. If the people who work in the system (like the cops) start to the get the idea that the folks higher up on the ladder (like this DA) are starting to exercise judgement and common sense, then they'll start to do the same. The concept is pretty simple, really. It's called leadership.

You really need to go back and rethink all this.

I challenge you to find a lawyer whose suggestion would be, "just say you did that because it seemed like the right thing to do." lmao

Please sight one instance in history where leadership exercised good judgement that ended in law enforcement learning a lesson and changing.
 
Look, we live in a day and age when too many don't want to take responsibility for anything. It's always someone elses fault, and we all suffer from this lack of willingness to stand up and say "yes, I did that. Because it seemed like the right thing to do." Some call this a lack of "common sense". Cops are in the middle of it just like the rest of us, they suffer from it too - maybe more so:

Family Of Woman Who Walked Onto Eisenhower Sues State Police « CBS Chicago

Drunk Driver Sues Police Because She Was Not Arrested.

That's the way it is.

How *should* it be? Look no further than this thread. Why is this DA's refusal to prosecute such a newsworthy item? Because it happens so rarely. More power to this guy. If the people who work in the system (like the cops) start to the get the idea that the folks higher up on the ladder (like this DA) are starting to exercise judgement and common sense, then they'll start to do the same. The concept is pretty simple, really. It's called leadership.

+1.

This CYA attitude is unfortunately far too prevailent in LE. But that's the way it is. Police brass' first concern is liability (or fear thereof) and how that will affect their precious budgets. Liability drives everything.

And before someone cites Warren v. DC, save it. It stands for a limited cause of action under substantive due process. SDP exceptions and other traditional tort remedies are often still available.
 
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While I am glad that the guy isn't being prosecuted, by not pursuing the case NY has effectively prevented a stake from being driven through SAFE's heart. Short of repealing the law (which I doubt will happen), the only way to keep this from looming over gun owner's heads is to have it ruled unconstitutional in court. Without a person who has been prosecuted and thus has standing to sue, that ain't gonna happen.
 
While I am glad that the guy isn't being prosecuted, by not pursuing the case NY has effectively prevented a stake from being driven through SAFE's heart. Short of repealing the law (which I doubt will happen), the only way to keep this from looming over gun owner's heads is to have it ruled unconstitutional in court. Without a person who has been prosecuted and thus has standing to sue, that ain't gonna happen.


this. i think they are scared of the law being in front of the Supreme Court.
 
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