NY - Man arrested for having post ban high cap Glock mag

[dagwag77]

So it does happen... wifes a real *****.

http://www.thedailystar.com/local/local_story_102040011.html

Otego man arrested on weapons charge

An Otego man was arrested Wednesday for allegedly having a high-capacity handgun magazine that is illegal under state law.
Anthony A. Hill, 41, was charged with third-degree criminal possession of a weapon, a felony, after he turned himself in at the Oneonta state police station.
He was released on his own recognizance.
Troopers said Hill's estranged wife reported Feb. 16 that he had a "post-ban" .40-caliber Glock magazine with a capacity of 15 rounds.
Under New York state law, handgun magazines with a capacity of more than 10 rounds manufactured after Sept. 14, 1994 "" the date the federal assault weapons ban went into effect "" cannot be possessed by anyone other than law enforcement or military personnel. High-capacity magazines manufactured before Sept. 14, 1994, are legal in the state and are considered "pre-ban."
When the federal assault weapons ban expired Sept. 13, 2004, manufacturers of handgun and rifle magazines were no longer required to mark newly manufactured, high-capacity magazines as law enforcement or military use-only.
The state enacted its own law Nov. 1, 2000, that mirrored the federal ban, and that law has no sunset clause.
There is no requirement for manufacturers to mark magazines under that law.
Hill, upon the advice of his attorney, declined to be questioned by police, troopers said.

Sorry if this is a dupe, did the obligatory search.

 

[drgrant]

In NY, wouldn't surprise me. It's probably a marked postie.

-Mike

 

[richc]

If he were to beat this charge in NY would it or could it have any impact on the comparable law in MA?

Thanks,

Rich

 

[NHAtHeart]

Sounds like he just wants it to be over with, doubt the guy will ever own a gun again even if he gets this plead down to a misdemeanor, if the wife did that I wouldn't be surprised if she pulls a restraining order on him as well.

 

[NHAtHeart]

Wow some of the comments on that article are priceless...

you guys are more than likely wife beaters that wrote the nasty comments. You just don't think that women have any rights. You do not like smart powerful women. Get a life. And I don't mean having a few beers with your hunting buddys. Stop breaking the law and you will not have to worry about someone turning you in for revenge.

 

[mikem317]

Eventually the supply of pre-bans is going to get pretty small. I wonder if they'll be any legal challenges over the pre-ban/post-ban nonsense.

 

[MACGYVR]

Once again a relative fks over their own.

I bet the wife got the idea to turn him in based on what happened in Manchester By the Sea.

 

[derrick_lui]

Yep, another criminal whacked...I feel safer already.

 

[drgrant]

If he were to beat this charge in NY would it or could it have any impact on the comparable law in MA?

Won't do a damned thing, as its an NY state law.

-Mike

 

[LoginName]

Wow some of the comments on that article are priceless...

Am I out of line here posting that "She" could use a good roundhouse kick to the head?

Ohhh... the irony!

 

[jenlynn724]

She's a jerk..

 

[drgrant]

Eventually the supply of pre-bans is going to get pretty small.

Not really... there are only what, like 3, maybe 4 ban states... and 46 states worth of
prebans out there all slowly flowing into the commie states that still allow prebans.

I wonder if they'll be any legal challenges over the pre-ban/post-ban nonsense.

In this case if he has an LE marked postie there is no challenge- he's screwed. If it's
unmarked I am curious as to the source of information they would be using to secure a
conviction.

-Mike

 

[Mr Weebles]

Troopers said Hill's estranged wife reported Feb. 16 that he had a "post-ban" .40-caliber Glock magazine with a capacity of 15 rounds.

There ya go ... women ruin everything.

 

[JoeT]

If it's unmarked I am curious as to the source of information they would be using to secure a
conviction.

-Mike

I agree! If Glock can't tell you when a Mag was made, how can the state?

 

[Big_Red]

She's a jerk..

There are a few other choice phrases that could be used to describe her and what she did.

 

[HoseHead]

So the wife goes to the LEO and says "He's got a post-ban Mag".
It doesn't say they performed a search warrant on his residence, it says that he turned himself in.
What was stopping him from destroying the post ban and showing up at the station with a pre-ban and saying "I don't know what my wife is thinking ..." ( unless of course he doesnt have any pre-bans)

 

[mikem317]

In this case if he has an LE marked postie there is no challenge- he's screwed. If it's
unmarked I am curious as to the source of information they would be using to secure a
conviction.

Yeah, there's not enough to go on here. Having an LE-marked in a non-freedom state is probably a bad strategy anyway.

 

[SMagee]

That is one angry, bitter, mean jerk (to paraphrase Jennlynn724). Wow if she feels compelled to do this I feel really bad for her next 2 husbands.

 

[amb]

What was stopping him from destroying the post ban and showing up at the station with a pre-ban and saying "I don't know what my wife is thinking ..."

His lawyer, probably. When you're facing felony charges it is NOT the time to try to go talk your way out of them, it's time to shut up lest you dig yourself deeper. People are very, very, very good at making a bad situation worse. Save it for the courtroom. If it's just "he said, she said" it probably won't even go that far.

On another note, "released on his own recognizance" sure doesn't sound like a Mass.-style witch hunt. (Then again, this is central upstate NY, not NYC, and the cops involved might just think it's all a waste of time.)

 

[Underwhere]

I agree! If Glock can't tell you when a Mag was made, how can the state?

I'm curious to see how this plays out as well. I was always under the impression that Glock can't and won't testify as to the date of their mags.

 

[M1911]

Eventually the supply of pre-bans is going to get pretty small. I wonder if they'll be any legal challenges over the pre-ban/post-ban nonsense.

I doubt it. I would expect that his lawyer will get him a plea bargain.

 

[Jose]

I doubt it. I would expect that his lawyer will get him a plea bargain.

If it is indeed true that Glock cannot and will not testify about magazine dating, and that the magazine in question has no "LE Only markings", why plea? Beat the rap 100%.