N.Y. Man Arrested for Having Two Extra Bullets, Violating State’s 7-Bullet Cap

[seanc]

The state troopers saw a .40-caliber pistol on Dean’s passenger side when they approached his window. Although it was lawfully possessed by Dean, they discovered nine bullets within the magazine, putting him two bullets over the seven-bullet max set by the Secure Ammunition and Firearms Enforcement Act.

Dean was arrested for this violation and charged with unlawful possession for the number of bullets in the ammunition feeding device and third-degree aggravated unlicensed operation, according to the Journal News.


N.Y. Man Arrested for Having Two Extra Bullets, Violating State?s 7-Bullet Cap | TheBlaze.com

 

[ColdDayInHell]

Someone needs to buy him a beer or 30. good for him.

NY: Law abiding citizen one day, criminal the next. Despicable.

 

[Horrible]

Someone needs to buy him a beer or 30. good for him.

NY: Law abiding citizen one day, criminal the next. Despicable.

Coming to a state near you. This is only the begining.

Hopefully this guy fights this and wins.

 

[GhostArcher]

Wow.....all that for 2 bullets.
FU NY

 

[Stryker]

If you are legally carrying in NY, how do the cops get the right to check how many bullets you are carrying? Isn't it personal property and without probable cause, you can say 'no - go get a warrant if you want to check my mag'?

 

[KenK]

So first question is? Why did he get stopped in the first place?
Then what right did the officer have to SeARCH the mag???

The state troopers saw a .40-caliber pistol on Dean’s passenger side when they approached his window. Although it was lawfully possessed by Dean, they discovered nine bullets within the magazine, putting him two bullets over the seven-bullet max set by the Secure Ammunition and Firearms Enforcement Act.

Dean was arrested for this violation and charged with unlawful possession for the number of bullets in the ammunition feeding device and third-degree aggravated unlicensed operation, according to the Journal News.


N.Y. Man Arrested for Having Two Extra Bullets, Violating State?s 7-Bullet Cap | TheBlaze.com

 

[jefftk]

I thought a court issued an injunction against the SAFE act? Was it just some part of it, not including the capacity ban?

 

[ColdDayInHell]

If you are legally carrying in NY, how do the cops get the right to check how many bullets you are carrying? Isn't it personal property and without probable cause, you can say 'no - go get a warrant if you want to check my mag'?

not sure. I'd love to know though.

 

[KenK]

Ok so it was a stop "for a light on his license plate being burnt out".
Why the search???
I have been stopped in Ct. by state police for a similar issue. The officer said do you have any weapons in the vehicle.( he saw my LTC )
I replied yes, that was the end of it. He said to get the light fixed after running my license & reg. No gun hassle!!!
Of course that was Ct.

 

[Boghog1]

What happened to all those LEOs that were not going to enforce this BS?

 

[namedpipes]

So much for relying on police officers to apply common sense and refuse to enforce obscene laws...

Sent from my chimney using smoke signals.

 

[KenK]

Messed up quoted wrong post!!!
So why the search??

So first question is? Why did he get stopped in the first place?
Then what right did the officer have to SeARCH the mag???

 

[45collector]

Unbefrigginlievable. I'm willing to bet the arresting officer is a f*cking a$$hole. If the guy is legally carrying and breaking no other law, you're going to jam him up over two goddamn rounds in his handgun?

 

[Harpua]

The cop who arrested him should be ashamed of himself. I could never do it.

 

[Baystatesuks]

Ok so it was a stop "for a light on his license plate being burnt out".
Why the search???

To protect him from himself. Many times LEOs will inspect the weapon and render it safe to protect the LEOs. Not saying it's legal, just saying that is what is done.

If they had arrested him, then it could be a search incident to arrest. Doesn't sound like that is what happened here.

 

[xcom]

If they unlawfully searched his weapon (assuming he did not consent to them holding it or something like that). It seems like the whole arrest is based on an unlawful search and should be thrown out.

 

[rickinma]

I probably should have followed this closer, but didn't NY forget to exempt police officers the first time? How many rounds was the arresting officer carrying?

 

[Baystatesuks]

If they unlawfully searched his weapon (assuming he did not consent to them holding it or something like that). It seems like the whole arrest is based on an unlawful search and should be thrown out.

Fruit of the poisonous tree doctrine aka the exclusionary rule.

 

[xcom]

Fruit of the poisonous tree doctrine aka the exclusionary rule.

That's my thought.

 

[BigDaddyAl]

My guess is that they searched the vehicle after they found that his driver's license was suspended or revoked.

Dean was arrested for this violation and charged with unlawful possession for the number of bullets in the ammunition feeding device and third-degree aggravated unlicensed operation, according to the Journal News.

1. Aggravated unlicensed operation of a motor vehicle in the third degree. (a) A person is guilty of the offense of aggravated unlicensed operation of a motor vehicle in the third degree when such person operates a motor vehicle upon a public highway while knowing or having reason to know that such person's license or privilege of operating such motor vehicle in this state or privilege of obtaining a license to operate such motor vehicle issued by the commissioner is suspended, revoked or otherwise withdrawn by the commissioner.

 

[beaker]

Yea, they are actually going to enforce it. Maybe he will be the trial case for the SCOTUS. Unfortunately his life will be hell until then, poor bastard. This is ****ed up politicians making everyone safer. Good Lord...

 

[drgrant]

not sure. I'd love to know though.

I bet the answer is "officer smoe for safety purposes has a right to clear a firearm collected exigent circumstances blah blah blah thats all she wrote" A gun isn't exactly a locked container or something (unless there's some key driven lock that makes it impossible to open or drop the mag. )

-Mike

 

[ColdDayInHell]

I bet the answer is "officer smoe for safety purposes has a right to clear a firearm collected exigent circumstances blah blah blah thats all she wrote" A gun isn't exactly a locked container or something (unless there's some key driven lock that makes it impossible to open or drop the mag. )

-Mike

yep.

 

[murf4321]

it's "common sense gun laws" really.

 

[KH56010]

Common sense also says not to drive with a suspended license.

 

[JohnMarston]

new slogan for New York: "Blatant faggotry, unconstitutional laws, passing laws without letting the people vote for them, and force feeding a fat plate of smegma every day to our citizens"

I also want to change "The Empire state" to "The Emperor state"

should he have driven with a suspended license, no. Does it warrant searching the mans gun, not really...

 

[Lcstyle]

This is unbelievable, actually confronting the reality that the government is now dictating how many bullets you can have in a pistol. Not only that, but the fact that it's all based on some insane liberal moonbat logic in the first place. I know this will add additional charges for people who are criminals, but it also makes criminals out of a lot of regular law abiding citizens. If i was a criminal committing a felony the last thing I'd care about is a silly little gun law.

This is insanity, this is like The Fourth Reich, and it's being perpetrated mostly by Jewish politicians who should be in support of less gun control, not more.

 

[W.E.C]

who knew ?
N.Y has done gone barney fife.....

 

[Shire Guy]

According to Shotgun Joe, all ya need is two rounds (preferably through the door). So when our moonbats are finished throwing shit at the wall, I expect a two round limit for CCW. Panic buying on Derringers starts ... Now.

I can see the proaganda slogan... "Any more than two and your a pussy."

 

[bolt]

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