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View Full Version : NY Gunbattle - Am I reading story right???


durkweed
04-17-2011, 6:44 PM
http://online.wsj.com/article/SB10001424052748704204604576269373226434258.html?m od=WSJ_latestheadlines

What if it happens here in CA, Could you face charges if you used someone elses weapon to defend yourself?

Synopsis for those without subscription:

A New York Police Department school-safety agent's role in a wild gun battle inside a Brooklyn auto repair shop is being probed after he commandeered the gun of a wounded off-duty officer and fired several rounds at men who allegedly tried to rob the business.

The incident was touched off when five men stormed into the repair shop and announced a robbery before they were repelled by gunfire from an off-duty officer who was shot and wounded. Two of the suspects were also wounded by gunfire, police said.

School-safety agents, considered peace officers who guard public schools, aren't authorized to carry weapons while on or off duty. The actions of the school-safety officer during the incident could result in him being criminally charged, said a law-enforcement official with knowledge of the case.


It was unclear if the shots fired by the school safety agent struck any of the suspects and if he would face charges of reckless endangerment for picking up the officer's weapon and firing it, the official said. He isn't a licensed gun owner. Even if he was licensed to carry a weapon, it is illegal to use a weapon belonging to someone else, the official said.

The school safety agent was identified as a 50-year-old man, and joined the NYPD in 1990 and is assigned to cover schools in northern Brooklyn, the official said.

Maestro Pistolero
04-17-2011, 6:47 PM
http://online.wsj.com/article/SB10001424052748704204604576269373226434258.html?m od=WSJ_latestheadlines

What if it happens here in CA?

Not enough information; entire article won't load without paid registration. I don't know what you are asking.

cdtx2001
04-17-2011, 6:52 PM
Sounds like it wasn't a good day to be a good guy in NY. Maybe NY is trying to be more like England.

Maestro Pistolero
04-17-2011, 7:08 PM
Other versions of this story don't mention that the downed officers gun was commandeered by the hero, and don't refer to any controversy over that apparent detail.

Dangerpin
04-17-2011, 7:09 PM
Not enough information; entire article won't load without paid registration. I don't know what you are asking.

There is a full article at NY Daily

http://www.nydailynews.com/news/ny_crime/2011/04/17/2011-04-17_1_dead__cop_shot.html

Wernher von Browning
04-17-2011, 7:12 PM
Not enough information; entire article won't load without paid registration. I don't know what you are asking.

There's a way around that. Go to Google, click on News, put in the headline as a search term -- "Details Emerge In Gun Battle" It's all there.

Read it. Lots of speculation but I suspect the good guys will not be facing charges. After all, they were defending their own lives. No jury would convict. This is going to be like the case in 2009 of Charles Augusto whose store in Harlem was being robbed. With no money in the shop, the four perpetrators started tying up the two staffers. Augusto grabbed an old shotgun that hadn't been fired in decades, fired three times, hit all four, killed two. No repercussions. Now THAT is gun control! (Might try to teach that to these two off-duty cops... their perps checked into hospital).

gratefuldog
04-17-2011, 7:19 PM
I thought there were no guns in New York?!

Wernher von Browning
04-17-2011, 7:21 PM
More.

http://www.nydailynews.com/news/ny_crime/2011/04/17/2011-04-17_1_dead__cop_shot.html

Nothing will happen to the two cops.

It's entertaining to see how various news outlets handle this. The Daily News is sensationalist. Then there's the British press -- the Daily Mail. Note how the put robbers in quotation marks (like, maybe they weren't? They were just really pushy Girl Scout Cookie salesmen?) and how they "clean up" the ghetto speak -- "I've seen..." for "I seen..."

http://www.dailymail.co.uk/news/article-1377853/Off-duty-cop-Anthony-Pressly-shot-gun-battle-car-repair-shop-robbers.html?ito=feeds-newsxml

Note that none of the other stories mention the other fellow picking up the wounded cop's gun and going after the escaping robbers. That may be an erroneous report. Or it may not matter.

ke6guj
04-17-2011, 8:12 PM
There's a way around that. Go to Google, click on News, put in the headline as a search term -- "Details Emerge In Gun Battle" It's all there.

Read it. Lots of speculation but I suspect the good guys will not be facing charges. After all, they were defending their own lives. No jury would convict. This is going to be like the case in 2009 of Charles Augusto whose store in Harlem was being robbed. With no money in the shop, the four perpetrators started tying up the two staffers. Augusto grabbed an old shotgun that hadn't been fired in decades, fired three times, hit all four, killed two. No repercussions. Now THAT is gun control! (Might try to teach that to these two off-duty cops... their perps checked into hospital).

I even seem to recall an exemption to the "felon in possession" law for a scenario like this in CA if a felon has to take possession of a firearm to protecti himself in a deadly force situation.

Maestro Pistolero
04-17-2011, 8:37 PM
No more mention of the use of the commandeered firearm by the other officer in any story about this that I could find. Why are they leaving that out, I wonder?

Connor P Price
04-17-2011, 9:49 PM
I even seem to recall an exemption to the "felon in possession" law for a scenario like this in CA if a felon has to take possession of a firearm to protecti himself in a deadly force situation.

^This.

As much as we hate CA gun laws, our laws regarding self defense situations aren't nearly as bad as NY if the article is correct. If a felon found himself in this situation in CA he could grab the gun and fight back, a non-prohibited person would certainly be allowed to do so as well. There aren't any laws here prohibiting one from using a gun that belongs to somebody else. So I don't see this happening here.

Ubermcoupe
04-17-2011, 9:53 PM
I thought there were no guns in New York CITY?!

Fixed it, and there aren't ...
Except for the thousands of LEOs

O and criminals! (Yes Bloomberg, criminals fail to respect the law go figure...)

*rant off*

There are serious hoops to jump through to even be "eligible" to purchase a weapon in NY if you are a civilian. Jumping those hoops upstate is a little easier, but hoops none the less.:(

uyoga
04-18-2011, 8:48 AM
What bothers me big time here is that: "there should not even be an issue regarding those who defended themselves against deadly force, no matter what tool they used for their defense".

yellowfin
04-18-2011, 9:08 AM
A large part of the problem in this instance here is NY's Sullivan Law. You can't touch ANY pistol without a license, and can't possess ANY pistol other than ones you own even when you do have it. The guy is getting nailed for that on top of everything else, and since him doing so is itself a crime per NYS law, everything else he did is violence on top of that crime. Judges who hate guns paired with lawyers who hate guns in an environment that hates guns makes this a really bad problem.

Wernher von Browning
04-18-2011, 9:14 AM
The guy is getting nailed for that on top of everything else, and since him doing so is itself a crime per NYS law, everything else he did is violence on top of that crime. Judges who hate guns paired with lawyers who hate guns in an environment that hates guns makes this a really bad problem.

Nobody is getting nailed, except the two perps who got shot.

The early stories were somebody's fantasy. Later stories did not report a bystander picking up the injured officer's gun and going after them; it was only the officer. And there is no indication whatsoever that any action is planned against him.

Everybody settle down now... The media got a lot of important facts completely wrong. As usual.