Judge Ignores SAFE Act

[rwl1955]

"Simeon D. Mokhiber, 42, of upstate New York had a close call in court last week. Mokhiber is an Iraq combat veteran who served in the Army’s 82nd Airborne Division as well as the National Guard. Following his active duty service he worked private security details protecting U.S. officials in both Iraq and Afghanistan. But last year he was pulled over in Niagra County and charged with driving under the influence. (A charge which was dismissed.) The police found three 17-round Glock magazines in a container in his vehicle. There was no firearm in the car… just the magazines.

Thanks to the horrendous gun control law known as the New York SAFE Act, Mokhiber was charged with three felonies, one for each of the magazines. His defense was that the SAFE Act is unconstitutional and violates his Second Amendment rights. The judge in the case had the option of giving him 21 years in prison, but Simeon left with an order to do 15 hours of community service and pay a $375 fine. He was also tagged another $90 for speeding."
https://hotair.com/archives/2017/10/31/iraq-veteran-escapes-prison-time-ny-gun-grabbing-law/

 

[cams]

That's good to hear that he didn't get any time on the so-called felonies, but even the punishment of community service gives creedance to this BS SAFE Act. Wish the judge had just said, "You're absolutely right young man, you're free to go with the courts apologies for wasting your time."

 

[MachineHead]

That's good to hear that he didn't get any time on the so-called felonies, but even the punishment of community service gives creedance to this BS SAFE Act. Wish the judge had just said, "You're absolutely right young man, you're free to go with the courts apologies for wasting your time."

This would’ve been the best thing that could’ve happened.

 

[cockpitbob]

That's good to hear that he didn't get any time on the so-called felonies, but even the punishment of community service gives creedance to this BS SAFE Act. Wish the judge had just said, "You're absolutely right young man, you're free to go with the courts apologies for wasting your time."

True, but in this context, I'm calling this a big win. The judge was good enough to give the SAFE act 99% of his middle finger. And I suppose he can't be too flagrant with ignoring laws he doesn't agree with. Dog knows I wouldn't want liberal judges ignoring laws they don't agree with.

 

[VetteGirlMA]

Anyone want to take the over/under as to how long that judge remains on the bench?

 

[not new guy]

A combat vet getting thrown in jail for 21 years for three mags (but no gun) might have been just the kind of story that the sheep need to realize that something is broken. Not saying I wish it on him by any means, but this case might have made for an interesting legal and public perception challenge.

I don't know if it happened here, but someone's veteran/cop/firefighter status shouldn't earn them a break from laws like this.

 

[cockpitbob]

Anyone want to take the over/under as to how long that judge remains on the bench?

I just did a whole 30 seconds of reading on that. Fortunately it seems pretty hard to remove a sitting judge.

 

[allen-1]

Problem is that he was found guilty. He didn't get jail time, but he wasn't acquitted. So while I didn't see the answer in anything I read, I think he's probably now a prohibited person? That would depend upon whether he was found guilty of misdemeanor or felony and I haven't been able to figure that out.

 

[Boris]

I'm thrilled that person's life depends on what a judge for breakfast

 

[jhblaze1]

imagine actually facing the possibility of 21 years in state prison for ****ing magazines? Only a truly evil person would write such a law. I mean you literally have to be evil to think caging a person for 21 years for something like that is ok.

 

[goodzilla]

imagine actually facing the possibility of 21 years in state prison for ****ing magazines? Only a truly evil person would write such a law. I mean you literally have to be evil to think caging a person for 21 years for something like that is ok.

Exactly. Simple bent steel, a spring, a baseplate, and a follower = 7 years of your life. Insanity.

 

[Prepper]

Exactly. Simple bent steel, a spring, a baseplate, and a follower = 7 years of your life. Insanity.

Or a Coke bottle (ask Boris)

Sent from my Moto Z (2) using Tapatalk

 

[milktree]

Reading the article makes me think he was still convicted of three crimes which could have had penalties of more than two years, so he's therefore a Prohibited Person.

That sucks. I hope he appeals this.

 

[Rob Boudrie]

imagine actually facing the possibility of 21 years in state prison for ****ing magazines? Only a truly evil person would write such a law. I mean you literally have to be evil to think caging a person for 21 years for something like that is ok.

A common disposition in NY is ACD (Adjournment contemplating dismissal). It is similar in concept to the MA CWOF, and often comes with de-facto penalties like court costs, fines, service, etc. It can be used to both spare someone the problem of a conviction, and take the case out of the sentencing ranges for the underlying crime.

When the NY Glock rep was accused of illegal possession of a silencer (state charge, not federal), and making unregistered handguns, he got one of these deals that would leave him conviction free in three years. He even got a second bite at the apple when he violated the terms of this deal ... see http://www.syracuse.com/news/index....h_violate_court_order_in_illegal_firearm.html. There was also a reference to a "relief from disabilites" at the sentencing, which would appear redundant since it was a 3 year "conditional discharge".

Hopefully, that is what happened to this person.

 

[xtry51]

Root cause of the problem is the cop who jammed him up. This is what makes people hate a lot of cops.

 

[Chevy 2 65]

What would be the outcome if it was a NON veteran? The judge should have tossed the case not fine him or give bullshit service

 

[xtry51]

What would be the outcome if it was a NON veteran? The judge should have tossed the case not fine him or give bullshit service

You get two decades obviously. While the guy who used a gun to commit a robbery gets 30 days.

 

[Rob Boudrie]

What would be the outcome if it was a NON veteran? The judge should have tossed the case not fine him or give bullshit service

The system is loathe to go away unfed. This sort of deal preserves the ADA's win/loss record (it counts as a win) and supports the system by saying the cops did right.

 

[Spanz]

wow, in NY?
if he was in NJ, he would have needed a pardon to get out of prison!

 

[jhblaze1]

Root cause of the problem is the cop who jammed him up. This is what makes people hate a lot of cops.

Without corrupt and anti-liberty legislatures, the cops would have no law to jam people up like this. Their failure to use discretion and look the other way is part of the problem but not the root cause.

 

[ccm75]

I believe judges up that way are elected.
Guy likes his job and wants to keep it.........

 

[browncoat]

True, but in this context, I'm calling this a big win. The judge was good enough to give the SAFE act 99% of his middle finger. And I suppose he can't be too flagrant with ignoring laws he doesn't agree with. Dog knows I wouldn't want liberal judges ignoring laws they don't agree with.

What do you think liberal judges are currently doing?

 

[MetalgodZ]

I believe judges up that way are elected.
Guy likes his job and wants to keep it.........

They are, and he likely does.

 

[Hoon]

Root cause of the problem is the cop who jammed him up. This is what makes people hate a lot of cops.

Officer discretion (or lack thereof) is a factory, but the root cause is legislators with no respect for the Constitution and the dumbasses who elect them.

 

[xtry51]

Officer discretion (or lack thereof) is a factory, but the root cause is legislators with no respect for the Constitution and the dumbasses who elect them.

I argue the opposite is true. If the people responsible for enforcing laws told the legislature to pound sand, that would stop more ridiculous legislation from being passed. Instead the police are usually standing behind politicians begging them for more.

 

[Hoon]

I argue the opposite is true. If the people responsible for enforcing laws told the legislature to pound sand, that would stop more ridiculous legislation from being passed. Instead the police are usually standing behind politicians begging them for more.

I agree with your point about many cops wanting more control, but it's ultimately our responsibility to tell legislators to **** off.

 

[Dadstoys]

imagine actually facing the possibility of 21 years in state prison for ****ing magazines? Only a truly evil person would write such a law. I mean you literally have to be evil to think caging a person for 21 years for something like that is ok.

There you have it.
The best outcome is a federal prosecutor with a pair of balls to send this corrupt D-bag to PMITA prison.
hopefully with some of the people he's put there with his bullshit.

 

[Uzi2]

Without corrupt and anti-liberty legislatures, the cops would have no law to jam people up like this. Their failure to use discretion and look the other way is part of the problem but not the root cause.

It absolutely is the root cause, they are the first contact with the public at large. THEY start the snowball rolling in every case.

- - - Updated - - -

I argue the opposite is true. If the people responsible for enforcing laws told the legislature to pound sand, that would stop more ridiculous legislation from being passed. Instead the police are usually standing behind politicians begging them for more.

And actually PROTECTING THEM!!!

 

[Chevy 2 65]

The system is loathe to go away unfed. This sort of deal preserves the ADA's win/loss record (it counts as a win) and supports the system by saying the cops did right.

 

[Varmint]

Root cause of the problem is the cop who jammed him up. This is what makes people hate a lot of cops.

Cops don't make the laws. It's the legislators and the sheep who keep electing them.