Homeowner fatally shot 2 intruders, got thrown in jail for criminal possession of a firearm NY.

[Sweeper13]

https://www.theblaze.com/news/homeowner-fatally-shot-two-intruders-over-fear-he-was-going-to-die-and-got-thrown-in-jail-for-criminal-possession-of-a-firearm

[Flynn]

Appears the guy might be a good candidate to push a lawsuit up the ladder, similar to the FOID currently climbing the ladder in IL. His apparent financial hardship would be helpful to agrue any licensing fees that denied him his rights.

[Sweeper13]

Yup..If I read correctly, they dropped the bail and let him out. That's interesting in itself. They maybe trying to play nice. We will see.

[mikew]

In a place called Deerfield.

[Smallbore]

It is expected he will be in trouble for harming two liberal voters.

[TomKoz]

2 less bad people in the world.

[Bitter Clinger]

Trying to follow why he was in "criminal possession" of a firearm. Is it because he didn't have his gun "registered" with the NY government?

Is that it?

[Euler]

Trying to follow why he was in "criminal possession" of a firearm. Is it because he didn't have his gun "registered" with the NY government?

Is that it?

Mostly. In NY, all handguns must be registered to people with permits. He didn't have a permit, therefore he also didn't have the firearm registered.

[soundguy]

Sounds like they need a “Hale Demar” law... like good old sensible Illinois has.

[Euler]

Sounds like they need a “Hale Demar” law... like good old sensible Illinois has.

720 ILCS 5/24-10 is a defense in the event the firearm is prohibited by municipal ordinance. This guy's "crime" is a violation of a state law for not having a state handgun permit, more like possessing a firearm without a FOID in IL, except in NY possessing a handgun without a permit is a felony. In IL, possessing a firearm without a FOID is a misdemeanor.

[Flynn]

In IL, possessing a firearm without a FOID is a misdemeanor.

 

 

Or a "Don't do it again infraction" if you are an inner city youth or gang banger.

[vito]

New York is getting more and more anti-gun with each passing year. But a lawsuit that is now going before the Supreme Court might change things there. NYC has a law that says even if you have a lawful handgun in your home, you cannot transport that gun outside the city even to a gun range or to another home that you own. Maybe the court will rule that the degree to which NY and NYC limit or prohibit handgun ownership and usage is an unacceptable infringement upon the 2nd Amendment. I used to have a need to visit NY fairly often when my mother was still alive. Every visit felt like I had left the United States and entered a hostile foreign country.

[45Badger]

NYC gun laws aside, NY State was (in real life) much more gun friendly than Illinois until passage of the SAFE act after the sandy hook shooting.

 

Upstate was effectively shall issue (still in in most counties). The SAFE act made fun guns difficult. OTOH, most counties are not enforcing anything. And person to person transfers are done. Again, not lots of enforcement. Still sucks. There is still no FOID BS.

 

And the FUAC bumper stickers and lawn signs are still a hoot.

 

 

Sent from my iPhone using Tapatalk

[Euler]

... But a lawsuit that is now going before the Supreme Court might change things there. NYC has a law that says even if you have a lawful handgun in your home, you cannot transport that gun outside the city even to a gun range or to another home that you own....

The NYSRPA case is about people who have NYC site permits being prohibited from transporting a firearm any place other than their homes, so they're already allowed to possess their firearm.

 

NYC gun laws aside, NY State was (in real life) much more gun friendly than Illinois until passage of the SAFE act after the sandy hook shooting....

Indeed, it's the SAFE Act that requires all NY state residents to get a handgun permit to own a handgun.

 

This arrest is practically the handgun version of People v. Brown here in Illinois, except that NY also mandates firearm registration. I suspect it may not be the ideal case to push up the chain of appeals, though. The guy said he only recently "found" the gun that used to be his father's. Although if it's a lie, it shouldn't affect the merits of a 2A case against NY handgun permits, but (if it's a lie) having a liar for a defendant would absolutely hurt the case.

[BobPistol]

This is a great 2AF or GOA lawsuit. They need to get in on this like yesterday.

[45Badger]

... Indeed, it's the SAFE Act that requires all NY state residents to get a handgun permit to own a handgun.

 

That law has been around for decades. Permits can have all sorts of restrictions (choice of the issuing county) like “premises only” or “sporting/hunting”. “Unrestricted” is the carry permit. Like I said, upstate is historically “shall issue” except for some some bliss-ninnies in Syracuse.

 

SAFE act mandated registered “assault weapons”, universal background checks, mag capacity limits, doubled permit fees and shortened carry permit term from life to 5 years. FUAC!!!

 

 

Sent from my iPhone using Tapatalk