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National 2nd Amend. Political & Legal Discussion Discuss national gun rights and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 06-08-2019, 6:12 PM
Elgatodeacero Elgatodeacero is offline
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Default New York v. Stolarczyk - felony charges for defending life in home with unregistered

https://www.wktv.com/content/news/Ma...510812621.html

The next Heller decision?! These charges seem unwarranted and unjust.

Defends his life against home invaders with fathers legal, but unregistered gun.
Apparently unregistered gun is a misdemeanor/felony wobbler in NY, and is normally charged as a misdemeanor per the article.

Felony charges? Appears to be poor judgment on the part of the prosecutor.
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Old 06-08-2019, 6:24 PM
ErikC12 ErikC12 is offline
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Probably charged as a felony so they can offer to plea it down to a misdemeanor. They still get the conviction and it reduces the chance that he'll fight it and get the law tossed out.
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Old 06-08-2019, 7:52 PM
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I hope this case establishes that firearms are a right and that you can't license rights.
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Old 06-08-2019, 8:52 PM
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Quote:
Originally Posted by ErikC12 View Post
Probably charged as a felony so they can offer to plea it down to a misdemeanor. They still get the conviction and it reduces the chance that he'll fight it and get the law tossed out.
The other possibility is that the want to get a felony conviction so he becomes a prohibited person.

He is 64 -- I bet he could pass before all of the processes necessary to overturn the law are finished. IANAL, but I suspect if he passed that would moot the case.

They want to take his guns away forever.
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Old 06-09-2019, 7:37 AM
EMP3 EMP3 is offline
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It's amazing that the overwhelming majority of Americans exist within the fantasy that America is home of the free. Most Americans have no clue of how close they are to actual slaves.
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Old 06-09-2019, 10:32 AM
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New York would prefer the victim be killed by the home invader than having him defend himself. The police shouldn't even have looked for registration.. It has nothing to do with the home invasion...Why do they care?? They just want to punish him for defending his and his family's lives. Rat Finks!!
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Old 06-09-2019, 11:11 AM
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Another ***** case in a ***** state.... Great job!!!
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Old 06-09-2019, 11:15 AM
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Going full retard
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Old 06-09-2019, 11:55 AM
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This is a fine example of why I *ALWAYS* show up for jury duty. I dress well, keep my mouth shut and confine my answers to "Yes" "No" and "I don't know." I hope someday I get seated for a case like this one. They will rue the day.
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Old 06-09-2019, 12:55 PM
BryMan92 BryMan92 is offline
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How is the gun legal if itís not registered? Was the father licensed but just never registered it because he was grandfathered in or thought he was?
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Old 06-09-2019, 1:04 PM
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Quote:
Originally Posted by BryMan92 View Post
How is the gun legal if it’s not registered? Was the father licensed but just never registered it because he was grandfathered in or thought he was?
The same way "illegal" aliens are legal individuals. Using the leftist argument the gun is just undocumented.

Registering firearms has not been a law forever. Before 1991 even in California you did not have to "register" firearms.
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Old 06-09-2019, 1:23 PM
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New law coming to California soon. Just keep voting for the same Democrats over and over.
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Old 06-09-2019, 2:48 PM
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The gun wasn't illegal.

It was just undocumented.
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Old 06-09-2019, 2:58 PM
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Stupid law. If the DA ďhasĒ to charge him, give him a deal so that after a year of good behavior it is expunged. Happens in CA all the time. Of course, the best course of action is to not charge him.
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Old 06-10-2019, 11:08 AM
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Quote:
Originally Posted by BryMan92 View Post
How is the gun legal if itís not registered? Was the father licensed but just never registered it because he was grandfathered in or thought he was?
There are plenty of guns in circulation that are so old they were purchased/ passed down before any registration was required. When my grandfather died, he owned a .38 cal revolver that he'd has since the 1920s when he's worked in a bank. Fired twice back then and never again. By then Illinois had FOID requirement--but I have littel doubt that he did not have an FOID card. Whether or not registration was required in the western suburbs of Chicago I have no idea--but if there wa, I have no doubt it was not registered either.
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Old 06-10-2019, 12:03 PM
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Friend in CA received a pistol through inheritance from an uncle. Filed all the documents to have the registration changed. About 9 months later, when he lists the arm on his CCW application, CA DOJ comes back and says it has no record of anything.

Guys asks his case officer how this can be, shows him the paperwork.

Officer shrugs. "DOJ is about 7 years behind in processing ownership changes."

Government by intrusion.
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Old 06-12-2019, 9:32 AM
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Quote:
Originally Posted by HarryS View Post
Friend in CA received a pistol through inheritance from an uncle. Filed all the documents to have the registration changed. About 9 months later, when he lists the arm on his CCW application, CA DOJ comes back and says it has no record of anything.

Guys asks his case officer how this can be, shows him the paperwork.

Officer shrugs. "DOJ is about 7 years behind in processing ownership changes."

Government by intrusion.
Well... my 2 intrafamilial transfers processed in about 90 days... although I never did get a confirming letter on one of them.
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  #18  
Old 06-12-2019, 1:05 PM
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Quote:
Originally Posted by HarryS View Post
Friend in CA received a pistol through inheritance from an uncle. Filed all the documents to have the registration changed. About 9 months later, when he lists the arm on his CCW application, CA DOJ comes back and says it has no record of anything.

Guys asks his case officer how this can be, shows him the paperwork.

Officer shrugs. "DOJ is about 7 years behind in processing ownership changes."

Government by intrusion.
More like government by inaction, intransigence, ineptitude,and laziness. As is typical of the average bureaucracy. And which is in many ways the result of legislatures passing ever more laws creating ever more silly paperwork that must be processed by unfortunate government drones. A prime example is the new ammo law, notwithstanding the fact that it is all electronic.
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Old 06-12-2019, 1:10 PM
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I think the case at the SCOUTS will repeal ALL permitting of Rights and define the Constitutional covered way to TRAVEL and BEAR arms.
This case will never see a courtroom and will be dismissed as soon as the SCOUTS releases a decision.
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Old 06-12-2019, 1:29 PM
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Quote:
Originally Posted by EMP3 View Post
It's amazing that the overwhelming majority of Americans exist within the fantasy that America is home of the free. Most Americans have no clue of how close they are to actual slaves.
That is because we do nothing after these laws are passed. Juries have been castrated. The courts routinely ignore rights and make ideological based rulings. Cops and prosecutors enforce blatantly unconstitutional laws. Cops then pile on charges and/or make some up while they’re at it. We hold nobody to account and expect perfect behavior. WE ARE THE PROBLEM AND THE SOLUTION.
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Old 06-13-2019, 8:52 AM
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He should have just quietly dug a couple of holes in his back yard.
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Old 06-13-2019, 9:06 AM
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Quote:
Originally Posted by Elgatodeacero View Post
The next Heller decision?!
The SCOTUS is done taking gun cases. The lower court rulings will stand.
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