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View Full Version : NRA legal defense fund: Interesting cases in NY


Liberty1
08-07-2007, 4:34 PM
It almost makes me greatful to be in CA (I can't believe I said that). These cases really got my blood up.


http://www.nradefensefund.org/litigation.aspx

NEW YORK

Manuel Rodriguez a/k/a Arthur Rodriguez (New York). He is a Pennsylvania Constable. Under Pennsylvania law he is authorized to carry a pistol without the need for a Pennsylvania license to carry a pistol. He was in New York City to execute a Pennsylvania warrant for an offense. He was parked in a Ford Crown Victoria equipped with police lights and it looked like an unmarked police car. New York City police questioned him about his identification and his occupation. They ignored his status as a police officer and ignored that he was executing a warrant. He was arrested for criminal possession of a pistol in the third degree, a felony. On November 3, 2006, Justice Ronald A. Zweibel of the New York Supreme Court, County of New York, held that Constable Rodriguez is a peace officer under Pennsylvania law and he is also a peace officer under New York Penal Law 265.20, which exempts out of state peace officers from needing a New York pistol license while performing their official duties in New York. Justice Zweibel further held that the Law Enforcement Officers Safety Act of 2004, 18 U.S. Code 926B, applied to him. Accordingly, the court granted the defense motion to dismiss the indictment. The court also ordered Constable Rodriguez's property, including his pistol, to be returned forthwith.


Kim L. Eschenmann (New York). She is a California resident. She declared her pistol at the airport in California in compliance with the law. However, she was arrested in New York City when she declared her pistol at the airport in New York on her return flight. On March 22, 2005, information was provided that she was allowed to plead guilty to a misdemeanor. It resulted in a conditional release with no probation and no fine.


Matt Weisner (New York). Mr. Weasner, an honorably discharged veteran, was in New Jersey waiting to ship out to Iraq as a civilian contractor. He was arrested at the MacArthur airport on Long Island, New York, while attempting to check a bag with a legal unloaded handgun. He was traveling legally under 18 U.S. Code § 926A with a firearm. He was traveling on an emergency ticket back home to Ohio as his grandmother was on her deathbed. Sadly, she passed away the night he was in jail waiting for a bail hearing. His attorney negotiated a pre-trial probation with no admission of guilt that expired on April 28, 2005 After additional struggle with local authorities, his gun was returned to him. Mr. Weasner filed a civil suit for damages incurred because of his arrest. The case is in its early stages. The defendants filed an answer to an amended complaint on April 3, 2006. The scheduling order requires that discovery be concluded by November 3, 2006.


Robert Tinsley (New York). According to information provided on November 21, 2005, Mr. Tinsley came to New York to deliver his daughter's car to her. He was in New York less than 48 hours. When he declared his otherwise lawfully possessed gun at an airport on Long Island he was arrested and charged under New York law. With the assistance of the Office of Legislative Counsel an attorney was located and in October 2005 the charges were "set aside". The NRA Civil Rights Defense Fund generously provided financial support. Mr. Tinsley has offered himself as a potential plaintiff or witness in the ongoing fight to gain recognition of 18 U.S. Code § 926A of the Firearms Owners’ Protection Act at all New York airports.


William Winstanley (New York). He is a 62 year old court reporter and lifelong resident of New York, was booked on an April 4, 2005, Jet Blue flight from JFK to Phoenix. Upon arrival he declared his firearms, for which he had a valid New York permit. The firearms were packed according to FAA guidelines. He was asked by Port Authority officers if he had “proper documentation” to carry in Arizona. He replied that was not necessary in that state. They denied him boarding. He asked to speak to a supervisor, who agreed he did not need any paperwork for Arizona. By that time the plane had gone. The next day the Port Authority officer inspecting the bag informed Mr. Winstanley he needed “a locked hard side case within a locked hard sided case.” When Mr. Winstanley told him that was not FAA regulations, the officer informed him he had been doing this 10 years and that is the way it was. Again, he was denied boarding. Mr. Winstanley returned the next day with two hard sided cases. On his third attempt to get on the same flight, was told he needed an FFL to transport handguns across state lines. Again he was denied boarding. He asked for a supervisor, who agreed with him again, but by that time the plane had left. On the fourth day, the officer let him board, after asking him repeatedly if he was traveling with ammo, because “That’s a felony, traveling with ammo!” Mr. Winstanley, who apparently has the patience of Job himself, did not have ammo and finally made his trip to Phoenix, four days later than scheduled. His case has been consolidated with that of John Torraco and should be filed by January 2006 according to information provided on November 21, 2005. He filed a lawsuit in U. S. District Court for the Eastern District of New York. The defendants, including the Port Authority of New York and New Jersey, filed their answer to his complaint on January 20, 2006.

StukaJr
08-07-2007, 10:41 PM
Yeah, Tri-State area is one harrowing area to live, never mind being a gun owner...

I spent 3 years on the East Coast and found a few of my own quirks... Like you need reference (good moral character) letters from multiple people and approval of the Mayor's office to own firearms (long gun or a handgun) in the NYC, but you can own just about anything in NY State or Long Island... Now, you can transport firearms through the City on the way to your final destination but you can't transport firearms into the City - obviously, the only way to travel anywhere from Long Island is through NYC. There was always fear of stopping to grab a bite in the City and having that being constituted as your "Destination" :mad: Hope your bladder holds up until you clear the City limits :chris:

Hollow points have been made illegal in NJ after I moved back - I believe Massaad Ayoob has a file on a woman getting felony charge since her self defense pistol was perfectly legit in Philly (where she was from) but became a Felony when she drove across a bridge into New Jersey and got stopped by NJ Trooper.

To own anything firearm in NJ, you have to have "Firearms License" - that applies to BB guns. If you own BB guns but no license - confiscation... If you want to buy a handgun - apply with the local Sheriff for permit that costs 200 buckaroos. You can get denied for any reason - a Vietnam Vet I knew was denied on the grounds that he was in combat and just was too cookoo to be trusted a handgun! (All he wanted was a similar 1911 that he carried in Vietnam to commemorate his service). Now, if you slipped passed the Sheriff and got your license - the $200 buys you a right to purchase one handgun in the period of 6 months! So if you missed that window or didn't find what you wanted - apply again! If you want another handgun - then apply again and pay another $200! Maybe then the Sheriff will decide that you have too many handguns - it's fun like a lottery where you don't win anything...

As for making the Tri-State area safer, you tell me... Gun shop owner's quote was "It's easier to buy a gun from the trunk of a car in Newark... Of course, you need a gun to buy a gun from the trunk of a car in Newark"... I thought that was funny until a kid I knew traded a WWII era Sig Sauer for 2 knock off Tommy Hilfigger Shirts - no import markings, all original Nazi symbols and stuff...

Tri-State Gun laws are a different kind of Crazy... Then you got Mass - they don't even pretend to make sense.

PonchoTA
01-03-2008, 5:15 AM
Just saw this article this morning. These people are downright scary! We thought we had it bad here, the east coast is just plain nuts! :eek:

http://www.gunweek.com/2006/NYNJ0320.html

The Heller case will do a lot of good if it goes the right way, opening up the door for everybody to be able to defend themselves.

:cheers:
Paul

cartman
01-03-2008, 12:41 PM
Well I spent my first 20 years in Connecticut. That state isn't as bad as here. At least it wasn't when I left. Ny and Jersey Mass are straight nightmares. I remember older friends having full auto toys with tax stamps when I was younger.

yellowfin
01-03-2008, 12:58 PM
What in the hell did those people do to let it get that bad????

Rumpled
01-03-2008, 1:06 PM
I've read many accounts of NYC arresting people just passing thru the airports with legal firearms.

Can't believe that PA cop getting arrested for serving a warrant, though!
Or, can I?