“These guys want nothing to do with the SAFE Act, and they are not going to enforce the SAFE Act, except if they have a bad guy and they are putting him under arrest and there are other charges.” – New York Assemblyman Bill Nojay, State Police issue ‘field guide‘ for N.Y.’s gun law [at democratandchronicle.com]
What in the hands of one cop resembles common sense discretion is tyranny in the hands of another.
There is a little difference between a king who makes, enforces, and interprets the law; and an executive branch armed by the legislature with thousands of laws, which the executive may enforce, or not, at its judicially recognized discretion.
It’s at will kidnapping. Arbitrary and stupid laws used to give authorities extra excuses to give when they drag you away.
Right. More catch-all laws to be used when nothing else can be found. Or to selectively strip someone’s firearms rights. Don’t believe they won’t enforce it–they already have. Some won’t, some will.
And as time goes on, more and more people will enforce this law. As has been the case with every other bad firearms-related law in New York over the last 100+ years.
Gotta love the “i could take you in but I won’t” aspect of some police stop. Knife locks back? Omg you’re bearing arms that don’t conform to big brothers nonsense. Such is why keeping an eye, and more importantly a barrel on politics is so important. Bad laws can “empower” sadistic people to deprive citizens of life and liberty.
Then why don’t they codify that? Because law-abiding gun owners like myself are still in legal jeopardy unless we follow the letter of the law (to whatever degree that is discernible, or possible).
Of course they won’t use many of these provisions to harass law-abiding gun owners. Until they do.
exactly, because then it becomes a tool of abuse by the government.
If a man breaks one rule, why not make up another in order to charge him for two?
And if you rummage around for your permit papers, you’re “resisting?”
It’s a bad law, as many are. Until it’s struck down it’s good to know that at least some of the people charged with enforcing it aren’t going to openly embrace it.
I would liken this to putting a noose around your neck but saying that they won’t hang you.
The law needs to be struck down or repealed. It was passed in contradiction to Democratic principles and is unconstitutional. Enforcing it when they please on “just bad guys”. Seriously?
Unfortunatly, lawful gun owners are the bad guys in their opinion.
EXACTLY what I was going to say. I have little doubt that in NYC in particular, anyone who has a gun and is not a cop is a bad guy, and therefore the law will be enforced to its fullest. and if the police don’t add all the charges incident to arrest, the DA most definitely will.
They’ll bargain the safe act away anyway in the plea phase.
Define ‘bad guy’…
Us
You at any point in time, past, present, or future, when the government is displeased with the way in which you are behaving or thinking.
The image in a shiny object.
The justice department once did a study and found that there are so many laws that each every one of us here in the USA breaks a law every 5min.
There are more than enough laws, we do not need any more of them especially these stupid ones like the SAFE Act.
The issue is these law makers have to make believe they are doing something and the only way they see to do that is to make more stupid laws and ultimately waste more money.
We have then a stupid population who believes that more stupid laws on top of already stupid laws somehow protects them. In reality, all these laws do is give the right corrupt politician, law enforcement officer or courts unlimited leverage against you such they can put you away for any reason because of some stupid law.
Here is a link to the ‘field guide’ http://www.scribd.com/doc/174564412/NYS-Police-Guide-1
Interesting read, and according to the document probable cause must exist before checking mags for round count. In NY we aren’t ‘required’ to disclose the fact we are carrying during a traffic stop anyway, but it would be interesting to see how this plays out.
Judging by my relatively rural area and the attitudes of the local LEOs. they aren’t big fans of chairman cuomo’s work.
It only takes one turd in the punch bowl. Every department has at least one.
Way to go, NYPD. Now try something really novel and don’t enforce it at all. An actual “bad guy” in the commission of an actual crime already has enough charges you can slap him with.
This document is from the NY State Police and has nothing to do with NY City and the NYPD. Contrary to popular belief, the rest of NY STATE is not a suburb or parking lot for NY City, which is just the southeast tip of the state. Like Chicago, NYC has far too much influence on the laws. Every county in NY outside of NYC passed resolutions against the SAFE ACT.
By the Governor
A PROCLAMATION
“I have thought fit to issue this Proclamation to require all Persons who have yet Fire-Arms in their Possession, immediately to surrender them at the Court-House, to such Persons as shall be authorized to receive them; and hereby to declare that all Persons in whose Possession any Fire-Arms may hereafter be found, will be deemed Enemies to his Majesty’s Government.
Given at Boston, the Nineteenth Day of June, 1775, in the Fifteenth Year of the Reign of our Sovereign Lord, GEORGE the Third, by the Grace of GOD, of Great-Britain, France, and Ireland, KING, Defender of the Faith &c.
Tho’s Gage,
By his Excellency’s Command,
Tho’s Flucker, Secr’y.
GOD Save the KING.
12 June 1775
H/T to Mr. Clayton Cramer
Clayton Cramer.com
http://www.claytoncramer.com/primary/GageFirearms.jpg
fascinating
No, chilling.
If the SAFE Act isn’t fully enforced, it’s because the State doesn’t want any more litigation about it right now.
Civil rights (2A) lawyers are bringing the cases now. They’re pretty good lawyers. But once the arrests happen, it’s the criminal defense bar that gets involved. Having practiced in New York for decades, I can tell you that the bar is top-notch and some of those lawyers are phenomenal.
Keeping the criminal defense bar out of the picture for as long as possible is a great tactic by Gov. Mussolini and his minions.
I’m really glad they nixed the 10 round mag ban due to lack of commercially available alternatives. The ‘features’ restrictions are egregious however. Based on that, the price of traditional stock semi autos like the Mini 14 have skyrocketed here. I briefly considered one as I have been contemplating getting into 3 gun, but I refuse to pay the inflated prices.
What concerns me the most is the renewal process for concealed permits. They do not even have a framework in place yet, however this field guide makes it seem painless. It took me 10 months and a personal interview with a judge to get my initial permit. so I can only hope the recert process is less oppressive.
There was one case where a guy was pulled over with a blown tail light bulb but had his legally owned pistol on the passenger seat. This predates the new field guide in which it states that probable cause must exist to inspect the weapon rather than just secure it during the stop. The local DA refused to charge the man anyway citing staffing issues. Link: http://www.timesunion.com/local/article/DA-is-1st-in-state-to-refuse-Safe-case-4546270.php
Ralph, to your point I will be anxiously awaiting the unleashing of the criminal defense sector on future cases.
Would be great IF it were true. Would have to see it to believe it though.
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