first test Of NY's new gun ban/gun confiscation as we know it!!!!!

[csaaphill]

I chekced this out think it is credible if not sorry but found it on several different sites so think so.
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http://www.ronpaulforums.com/showthread.php?402974-NY-man-Arrested-for-mags-Time-for-a-roadtrip&p=4847088
The case of Nathan Haddad should boil the blood of any good American. A twelve-year veteran of the Army, with four deployments, is a decorated combat veteran and now, probably, a felon. His crime: possession of five empty 30-round clips for an AR-15. The clips were stowed in the trunk of his car at the time of a traffic stop.
 
This is why, even though one is a law-abiding citizen, never talk to police officers and never give them permission to search your vehicle without a warrant describing in detail the area to be searched and the things to be seized. As Haddad found out, assuming that he did give permission to search his vehicle, thinking himself to be innocent of any crimes, now faces up to 35 years in prison, 7 years for each clip.
Original news story Jan 7
 http://www.wwnytv.com/news/local/LeR...185853881.html
 
A town of LeRay man was accused Sunday of possessing high-capacity magazines for an assault rifle.
 
Jefferson County Sheriff's deputies say 32 year old Nathan Haddad allegedly had five 30-round magazines for an AR-15 rifle in his possession.
 
Police say the magazines were found during a vehicle check on Steinhilber Road in the town of LeRay.
 
Haddad was charged with five counts of third degree criminal possession of a weapon and arraigned in Watertown town court.
 
http://tlinexile.blogspot.com/2013/0...e-in-sand.html
 -------------
 

In legalese, they will probably give him something like 30 days if he pleads guilty to a felony, after which he will not be able to legally own a weapon, or even have access to a weapon for the rest of his life. This is called manufacturing a felony and the only reason to do so is to disarm as many people as possible by trumping up charges and pumping up sentences to frighten them into pleading to something that should be thrown out of court the minute the charges are brought. In the old days, when disarmament was not the goal, these things were always plead down, not up, for first time offenders.
 
I had a few minutes to speak with Michael Haddad, Nathan's brother, who has started a legal defense fund. I have promised to contribute as much as I can afford and to encourage others to contribute. Michael, like his brother, is a good person just trying to help out. He stressed, however, to wait until after February 20th before doing anything other than contributing to the legal defense of this disabled veteran. The reason is to see if the legal system will take a no-nonsense approach to this issue. If they do not, we need to be prepared to unleash the hounds. I know that William Jacobson of Legal Insurrection has offered his services to aid Nathan's attorney should the state prefer to go the wrong way in this case. Kudos to Mr. Jacobson.
 
Nathan, like most of us, just want to get the charges dropped or reduced at this time. But, Upstate New Yorkers need to be taking heed of this case. The object right now is to let the legal system correct itself and do the right thing. There is an "or else" side to it that must be reigned in for the time being.

However, it was interesting that while looking up this case on the Internet I discovered this little article about the Jefferson County Sheriff's Department.

While I believe this is a line in the sand that will test the resolve of the patriot/liberty movement in days to come, we need to keep our powder dry and send a few bucks to the legal defense fund set up by Michael Haddad.
 
There has been a lot discussed on this blog about good cops and bad, Oathkeepers and oathbreakers. Inevitably the issue of who is good and who is bad and how can the good cops help out without sacrificing their pensions and jobs. I am sympathetic to their point of view as I am not willing to throw my life down the drain for some unseen, unheard of sacrifice that inspires no one but the bad cops to get worse.

But here is a classic example. Had the cop not looked in the trunk. Had the cop done his job and written the ticket instead of pushing for more and more access to search the vehicle, this would not be an issue today. If the cop had found the magazines, recognized that they were not loaded and warned Nathan that it was illegal to own them, but that as a good cop, perhaps an Oathkeeper, he would look the other way in the interest of his Constitutional obligation, this would not be an issue and Nathan would not be fighting for his freedom.
 
Instead, we have a twelve-year decorated war veteran thrust before the legal system of New York, with no money to pay for the type of legal counsel provided to David Gregory, who violated the same law after being informed by the D.A. that it was illegal to have such a magazine in the District of Columbia and that the law was clear. David Gregory got nothing. The D.A. refused to bring charges.

Let's see if Nathan Haddad is afforded the same type of justice that a white, rich, liberal with a television news program can expect. If anything Gregory should have had the book thrown at him because he had inquired of the D.A.'s office and they told him it would be a violation of the law. That, friends is corruption, open and brazen.
 
----------------------------------------------
 
You can donate to his legal defense fund
 
And/Or you can prepare for a road trip to NY if this goes sideways
 
Or you can do nothing
 
What say you?
also
http://newyork.cbslocal.com/2010/09/07/long-island-man-arrested-for-defending-home-with-ak-47/

[csaaphill]

wow all i can say not one reply way to go america.
I donated to the guy.

[cmiller85]

I thought they had 1 year to sell them out of state. 

[csaaphill]

ya but from what ive read NY alraeady had a previous ban on magazines, that is where it gets thick. He had them preban or any ban so thought he was good. But the point is His right were viloated because they didn't have any probable cause to search his car.


http://www.shtfplan.com/headline-news/decorated-combat-veteran-arrested-in-new-york-charged-with-5-felonies-for-possession-of-ar-magazines_01312013
better story and links

[csaaphill]

http://www.shtfplan.com/headline-news/decorated-combat-veteran-arrested-in-new-york-charged-with-5-felonies-for-possession-of-ar-magazines_01312013#comments

[lokidog]

Welcome to AMeriKa, home of the enslaved.....

Write your State Reps and Senators opposing anything having to do with gun control!

[huntnphool]

[hughjorgan]

ya but from what ive read NY alraeady had a previous ban on magazines, that is where it gets thick. He had them preban or any ban so thought he was good. But the point is His right were viloated because they didn't have any probable cause to search his car.


http://www.shtfplan.com/headline-news/decorated-combat-veteran-arrested-in-new-york-charged-with-5-felonies-for-possession-of-ar-magazines_01312013
better story and links

I got the impression that the guy gave the police officer to search his car?  did he not?

[jackelope]

No prior ban in NY and its not enforceable yet. Another Internet story. Lots and lots of people in NY have owned 30 round mags since 2004.

[jackelope]

Text from my buddy in. NY from a minute ago.



We have a year to get rid of them / out of state. They are no longer legal to use, and for now I can only have 7 rounds in my mags. Total garbage !!! They are well on their way to making us a gun free state. Time to move to Texas !!!!

[Bob33]

No prior ban in NY and its not enforceable yet. Another Internet story. Lots and lots of people in NY have owned 30 round mags since 2004.

I suspect the story could be true but we are missing some details.

[jackelope]

Could be.

[Widgeondeke]

I thought they had 1 year to sell them out of state. 

Ditto. Thougbt there was a 1 yr window

[jackelope]

I thought they had 1 year to sell them out of state. 

Ditto. Thougbt there was a 1 yr window

They do.

[Mudman]

Just another example of socialism and the disarming of americans thru felony charges.  Everything is a felony today.  And we support this garbage?  A felony used to be a big deal crime, like murder!  Now our kids can be convicted for sexting!  Hate crimes?  Duis?  Eluding?  Resisting?  Spitting?  500$?  Illegal firearms?  The biggest of all drugs!?  These are not the level of criminals felonies were designed to control or punish or most important prevent them from harming the Gov. institution.  Now they will change the law and charge more and more people with felonies whenever they can gather public support.  This has been a secret gun control for many years now.

[KFhunter]

http://www.abanow.org/wordpress/wp-content/files_flutter/13595562602013jan30_gunviolence_t.pdf

http://www.abanow.org/2013/01/aba-urges-congress-take-action-to-curb-gun-violence/



The lawyers are not in his court, they'll take his money yes, but this is where their loyalties are.

[300UltraMagShooter]

[quote link=topic=117229.msg1544088#msg1544088 date=1359626679].

The case of Nathan Haddad should boil the blood of any good American. A twelve-year veteran of the Army, with four deployments, is a decorated combat veteran and now, probably, a felon. His crime: possession of five empty 30-round clips for an AR-15. The clips were stowed in the trunk of his car at the time of a traffic stop.
 
This is why, even though one is a law-abiding citizen, never talk to police officers and never give them permission to search your vehicle without a warrant describing in detail the area to be searched and the things to be seized. As Haddad found out, assuming that he did give permission to search his vehicle, thinking himself to be innocent of any crimes, now faces up to 35 years in prison, 7 years for each clip.
Original news story Jan 7
[/quote]

Wait!  I thought "if you have done nothing wrong then you have nothing to worry about." 

All he had to do was be fully cooperative and everything would be hunky dory?   

[JimmyHoffa]

Makes you wonder what will happen to people that are out of the area, but reside and keep their guns in NY.  (Military deployment, business travel, schools, etc.)  They comeback and try to settle all the other stuff first and get caught with items.  Such a BS law.  I read that in the haste to write/pass it, they neglected to except police.  So they ended up having to amend it later so the cops wouldn't all have to turn in their stuff.

[KFhunter]

someone had to be the test case, and I almost wonder if this wasn't setup to be that.

I digress.

In order for this law to be challenged someone had to violate it or have standing to challenge it, and be willing to fight it all the way.  I see this person has a lot of help, and donation sites are all over which helps lend credence to my initial thoughts.  The average schmuck would plea out or take a public defender and we'd never hear about it.  But this has gone national, the big media isn't playing it up too much because they are in the tank with gun control (including FOX).

IMO - this is a test case done on purpose, and I think he'll win.

[Bob33]

I thought they had 1 year to sell them out of state. 

Ditto. Thougbt there was a 1 yr window

The window is from 10 to 7. Magazines with more than 10 rounds capacity have been illegal since 1994.

http://en.wikipedia.org/wiki/Federal_Assault_Weapons_Ban

"The state of New York's version of the law is very similar to the Federal version, but New York's version does not have a sunset provision. According to the laws of the State of New York, a magazine with a capacity of more than 10 rounds manufactured after September 14, 1994 cannot be legally possessed by anyone other than a law enforcement officer."

[jackelope]

30 round mags have been legal in NY till the new ban. Now they have a year to get rid of them and can only put 7 rounds in a 10 round mag....but 2 months ago they could own 30 rounders. At least that's what my AR owning friends and family tell me. They all own them and some are on their way here as we speak for safe keeping.

[csaaphill]

ya that was what i read on it.
ya think he may have let himself be set up to help us get this crap repealed.

[lokidog]

Hope he wins, it's going to be an uphill battle.

[jackelope]

ya that was what i read on it.
ya think he may have let himself be set up to help us get this crap repealed.

But he hasn't broken any laws yet. A year from now, maybe...but not yet.

[Bob33]

30 round mags have been legal in NY till the new ban. Now they have a year to get rid of them and can only put 7 rounds in a 10 round mag....but 2 months ago they could own 30 rounders. At least that's what my AR owning friends and family tell me. They all own them and some are on their way here as we speak for safe keeping.

Everything I've read indicates that in 1994 NY banned any magazine over 10 rounds that was manufactured after that date.

[csaaphill]

30 round mags have been legal in NY till the new ban. Now they have a year to get rid of them and can only put 7 rounds in a 10 round mag....but 2 months ago they could own 30 rounders. At least that's what my AR owning friends and family tell me. They all own them and some are on their way here as we speak for safe keeping.

Everything I've read indicates that in 1994 NY banned any magazine over 10 rounds that was manufactured after that date.

that's what ive been reading too. that NY already had some kind of Magazine ban since 1994 and that is where he's being held on not the new law they just passed. I've also read that his were purchased prior to this 1994 ban so all charges should be droped.
I've also been reading that Coumo has giving the police the right to confiscate any gun or Pistol if not registered or cpl not reuped.'
shtf soon I think. I think too all recources are about to come to and end so what we all fear may just have to come to pass.

[Bob33]

I believe the case will come down to when the magazines were manufactured. Interesting that Snopes just picked this up today:

http://www.snopes.com/politics/guns/haddad.asp

[jackelope]

30 round mags have been legal in NY till the new ban. Now they have a year to get rid of them and can only put 7 rounds in a 10 round mag....but 2 months ago they could own 30 rounders. At least that's what my AR owning friends and family tell me. They all own them and some are on their way here as we speak for safe keeping.

Everything I've read indicates that in 1994 NY banned any magazine over 10 rounds that was manufactured after that date.

I left while the '94 ban was still in effect so I don't know for sure. I do know for a fact that lots of guys I know back there that have AR's are/were using 30 round mags...maybe they don't know the law and havent gotten in trouble. Reading around online now that you've mentioned it...thats the way it looks to me too.
 
The fact of the matter then is that this arrest has nothing to do with the new ban and is just coincidence with the timing of it. Sounds like this guy could have been arrested for the same thing 6 months ago.
Am I wrong...??

[Bob33]

"The fact of the matter then is that this arrest has nothing to do with the new ban and is just coincidence with the timing of it. Sounds like this guy could have been arrested for the same thing 6 months ago. Am I wrong...??"

That is how I see it based on what has been reported so far.

[JLS]

someone had to be the test case, and I almost wonder if this wasn't setup to be that.

I digress.

In order for this law to be challenged someone had to violate it or have standing to challenge it, and be willing to fight it all the way.  I see this person has a lot of help, and donation sites are all over which helps lend credence to my initial thoughts.  The average schmuck would plea out or take a public defender and we'd never hear about it.  But this has gone national, the big media isn't playing it up too much because they are in the tank with gun control (including FOX).

IMO - this is a test case done on purpose, and I think he'll win.

You could very well be right here.  Hence, the permission to search and the five mags uncovered?   

I hope it works out for him if that's the case.

[csaaphill]

hope so too......... I odnated some to his fund ......... New Yorkers are getting geared Up I think