NY: New Tough Gun Law

I had an interesting conversation with a friend last night. This person is very anti-AW. I asked him if he liked NY's new law that says it's a felony to bring a gun into a school (or school zone or what ever the exact verbiage). How do the anti-gun people feel about this.

Currently it's against the law but if you do nothing else the crime is a serious misdemeanor. That still can mean big fines and jail time but it's not a felony. My issue with this sort of law is it's the sort that will throw the book at an otherwise law abiding person who crosses the law either by accident or by misunderstanding.

Consider the follow two examples. Someone with a CCW is asked to pick up Jr at school. The person forgets to take the gun off before getting Jr. Now that person faces a felony for an innocent mistake where no harm was cause or intended.

A person has a gun in the trunk of a car (secured as legally required for transport). The person stops to pick up Jr at school. Person gets out to either help load Jrs stuff in the trunk or talk to another parent. While loading the trunk the gun case is noticed and the cops press charges of gun on school property. Again, does a felony seem reasonable in this case?

Certainly if someone starts shooting the school then a gun possession on school property charge is the least of the charges they will face. At the same time if the person is planning something bad but it's stopped before any shooting do we think the gun possession charge is the only thing they can be charged with?

Ultimately are the anti-gun people on this forum comfortable with this level of penalty brought onto someone who makes an honest mistake but has no criminal intent?

http://www.youtube.com/watch?feat...yUbJfg4tAo

Rejected Democratic proposals to the NY gun law

Here’s the list McLaughlin posted that he says he received from a colleague and notes it is not confidential:

Confiscation of “assault weapons”
Confiscation [of] ten round clips
Statewide database for ALL Guns
Continue to allow pistol permit holder’s information to be replaced to the public
Label semiautomatic shotguns with more than 5 rounds or pistol grips as “assault weapons”
Limit the number of rounds in a magazine to 5 and confiscation and forfeiture of banned magazines
Limit possession to no more than two (2) magazines
Limit purchase of guns to one gun per person per month
Require re-licensing of all pistol permit owners
Require renewal of all pistol permits every five years
State issued pistol permits
Micro-stamping of all guns in New York State
Require licensing of all gun ammo dealers
Mandatory locking of guns at home
Fee for licensing, registering weapons

Quote from Nikzilla90 : OK, I can understand the million-and-plus estimates now since just brandishing a gun automatically classifies as a DGU.

Quote from darkfrog : Did you assume that a DGU requires that someone fires the gun? If brandishing a firearm saves me or my family from harm, shouldn't that count?

You'd think they would be happy that in the overwhelming majority of defensive uses, the gun isn't fired, and no one is injured.

Quote from onscreen : I had an interesting conversation with a friend last night. This person is very anti-AW. I asked him if he liked NY's new law that says it's a felony to bring a gun into a school (or school zone or what ever the exact verbiage). How do the anti-gun people feel about this. Currently it's against the law but if you do nothing else the crime is a serious misdemeanor. That still can mean big fines and jail time but it's not a felony. My issue with this sort of law is it's the sort that will throw the book at an otherwise law abiding person who crosses the law either by accident or by misunderstanding. Consider the follow two examples. Someone with a CCW is asked to pick up Jr at school. The person forgets to take the gun off before getting Jr. Now that person faces a felony for an innocent mistake where no harm was cause or intended. A person has a gun in the trunk of a car (secured as legally required for transport). The person stops to pick up Jr at school. Person gets out to either help load Jrs stuff in the trunk or talk to another parent. While loading the trunk the gun case is noticed and the cops press charges of gun on school property. Again, does a felony seem reasonable in this case? Certainly if someone starts shooting the school then a gun possession on school property charge is the least of the charges they will face. At the same time if the person is planning something bad but it's stopped before any shooting do we think the gun possession charge is the only thing they can be charged with? Ultimately are the anti-gun people on this forum comfortable with this level of penalty brought onto someone who makes an honest mistake but has no criminal intent?

Isn't that part of the reason for "prosecutorial discrestion"? We don't necessarily charge every person who has technically committed some level of "crime" based upon the letter of the law.

And, imho, someone w/a concealed carry permit who "forgets" and wears it into school isn't demonstrating the level of reesponsible gun ownership required for that concealed carry.

Quote from smegalicious : Isn't that part of the reason for "prosecutorial discrestion"? We don't necessarily charge every person who has technically committed some level of "crime" based upon the letter of the law.

So what happens when the prosecutor decides to make an example out of someone? Are you OK with that?

Consider two recent "high capacity magazine" cases in DC.
James Brinkley was arrested for having a 15 round magazine in his car. The prosecutor wasn't willing to just let it go despite the fact that Mr Brinkley didn't break the law.
http://www.washingtontimes.com/bl...d-version/

David Gregory actually did break the law and wasn't charged. That means the prosecutors decided not to do anything about it even though, unlike Brinkley he did break the law.

Are you OK with this sort of thing? It's one thing to say the prosecutors will reduce the charges. Are you OK with it if they don't?

Quote : And, imho, someone w/a concealed carry permit who "forgets" and wears it into school isn't demonstrating the level of reesponsible gun ownership required for that concealed carry.

You would be wrong. If the person carries all the time and has a proper holster then it would be quite easy to momentarily forget that you have a gun SECURELY on your person. Irresponsible would be leaving the gun out of your control where it's not secured. Responsible is keeping it with you where you are in control of it. Also, remember that having it in the car might be a violation. Take the Brinkley case. Had that happened on a school ground in NY the charges might have been felony vs lesser charges.

Do you think ANYONE should ever have to face felony charges for simply possessing a gun on school property even if they have no criminal intent? That is what this law allows. Do you think that punishment fits the crime?

Quote from darkfrog : Once I made a wrong turn and within 1 block knew I was in a sketchy area. I immediately had my pistol in my lap at the ready. Just as I was looking for a good place to turn around, an SUV came up behind me from nowhere at high speed, I started to freak until they hit me with the lights. It was the Red Dogs. The Atlanta narcotic task force. They saw a couple of white guys and assumed we were copping dope. After I was held at gunpoint because of my gun, eventually they confirmed we were coming from the game, were not drug seeking or criminals, they helped us get back to the main road. They warned us about the high crime in the area we were stopped, car jackings, shootings, etc. He acknowledged it was good that I was prepared but to avoid the area next time.

I'd be ticked if an SUV came up behind me at a high speed and I got pulled over and held at gunpoint just because I'm driving around. In fact, if that happened, I'd consider filing a complaint about it.

Anyway, a friend of mine took a wrong turn off the beaten path, and when he stopped at a red light a cop pulled up behind him, got out of his car, and yelled at him telling him it's not safe to stop in this neighborhood so if you get a red light just go through it.

According to people who hate the Bill of Rights, my friend would have been safer in that area if he didn't have a gun.

Quote from Deusxmachina : I'd be ticked if an SUV came up behind me at a high speed and I got pulled over and held at gunpoint just because I'm driving around. In fact, if that happened, I'd consider filing a complaint about it.

The way I was driving, in one of the most infamous drug neighborhoods, certainly could have looked suspicious. I had a .40 caliber gun in my lap, and as soon as I realized they were cops, I verbally told them I had a permit and a loaded weapon. In fact the main guy was appreciative of the disclosure, it actually eases their mind when they hear I'm a permit holder before they see or know about the gun. To be fair, I wasn't exactly held at gunpoint, their weapons were at low ready IIRC.

Ask Bloomberg a question, get pushed and then followed and asked for I.D. by his goon squad. Amazing.

Journalist Accosted By Security Over Mayor Bloomberg Gun Control Question
http://www.youtube.com/watch?v=RC...e=youtu.be

"Ever wonder how Mayor Bloomberg gets away with gun control lectures while he has his own security detail? Yeah, so did we. But don't expect any answers from Bloomberg. Just expect harassment"

City meeting on the New NY gun laws. The People aren't happy. I bet the state wishes they could take away these citizens' First Amendment rights as easily as they do their Second.

I think my favorite question asked of the police guy is if military-style weapons are so evil and only for war, why do the police have them?

New York State Resistance - "... prime for something like that." 1/29/13
http://www.youtube.com/watch?v=BT...e=youtu.be

Listen for the police man say "bring it on".

This wasn't about "educating the public about the law". The guy didn't even know the penalties,..

New York Counties Work to Repeal State Gun Control Laws
http://www.thenewamerican.com/usn...esolutions

Quote : As of March 11, a total of 52 out of New York State’s 62 counties have introduced resolutions requesting the repeal of the NY SAFE Act. Of those 52 county resolutions, 40 of them have already passed — meaning that roughly two-thirds of the counties of New York State reject Governor Andrew Cuomo’s “landmark” gun control legislation. “The recent NY Safe Act gun legislation is one of the most controversial pieces of law that I have seen in over 35 years of law enforcement experience,” said the Essex County Sherriff’s Office. “I can assure you that I have no intention of going door to door to pick up any weapons legally owned by any Essex County residents, nor does any other Sheriff in New York State.” The sheriff also provided various criticisms about the shortcomings of gun control and its relationship to violent crimes: “Violent crime is related to a willingness to resort to violence not the presence of guns or weapons.” The message continued, “It makes no more sense to demonize weapons based on appearance than it does to demonize a car for DWI accidents or a deck of cards for gambling addiction.”