NY abuse victim cleared of murder charges but found guilty of illegal possession

terraformer

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http://market-ticker.org/akcs-www?post=197522
http://www.reuters.com/article/2011/11/10/us-crime-wife-idUSTRE7A96DY20111110

A New York woman cleared of murder charges in the shooting death of her retired police officer husband was sentenced to five years in prison on Thursday for gun possession, a decision her lawyer described as disheartening.

Note the gun was her retired NYPD husbands. Ostensibly he was legally in possession.

There was a thread recently where this came up. The belief was that the possession is legal given a valid self-defense claim. I don't have the record of the case but I am betting that the judge did not allow self-defense to be considered on the malum prohibitum gun charges. This is the problem with relying on a lack of case law or on common law self-defense concepts that don't have case law backing them. These anti-2A, discouraging self-help bigots will use anything to achieve their means. Unwinding that BS will be costly. Hopefully this will lead to good case law.
 
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