Jsmegs77
.308 Win
Chuck Norris isn't on call?
Just got a news alert that erie county NY has curfew 10:30 to 7:00am
- Thread starter Saltwater60
- Start date
Saltwater60
.950 JDJ
A coworkers son is a trooper out by rochester and he was called to Buffalo to assist.
Someone who would know, obviously cannot name them here. I hope you're not suggesting that I'm making something up.
Nope, not at all. Just curious. I never only suggest.
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Did you want to dispute or confirm the information?
Same here. I only post general information when appropriate. I'm not here posting about search warrants I might know about that are going down in the morning. I hope you don't think I posted something I shouldn't have.
Saltwater60
.950 JDJ
Only thing I’d say is watch with the numbers of police cars and staffing. 25 sheriffs patrolling buffalo might give the miscreants a leg up. Maybe next time say the sheriffs are mainly patrolling Buffalo city streets because BPD aid getting overwhelmed or something. Goperfect can add more if he feels he needs to.
This is just a thought in my end. I’m not tactician and I don’t know the number of police normally patrolling Buffalo city streets
The judge, in a decision for the defense, said he could not understand how the grand jury found probable cause to charge the two men with “aiding and abetting” the person with the gun.
buffalonews.com
Judge questions indictment of two passengers in SUV that drove through police line
The judge said he could not understand how the grand jury found probable cause to charge the two men with “aiding and abetting” the person with the gun.
Acer-m14
20×102mm Vulcan
judge failed English 101 maybe ..
Justincase
.308 Win
The judge is arguing that just because the gun was in the car "with” the pieces of shit in question that it didn't constitute possession. You bet your ass if you or I had a full featured AR or standard cap mag in our car, or a friend's car, he would certainly argue that it was in our ”possession". As in ALL of our possession.
Acer-m14
20×102mm Vulcan
what about weed .. or crack .. no one fesses up .. all are charged ..
spat
.700 Nitro Express
The judge is right that you shouldn't be able to charge everyone in a car for possession.
But the NY law specifically says otherwise.
If he is willing to overturn that ridiculous law, I am all for it.
If he wants to give these low lives a pass, but continue to prosecute other people, then that's a hard no.
But the NY law specifically says otherwise.
If he is willing to overturn that ridiculous law, I am all for it.
If he wants to give these low lives a pass, but continue to prosecute other people, then that's a hard no.
Saltwater60
.950 JDJ
You should not be able to charge everyone in the car. It’s legitimate that others would not know she had the gun.
also think about it I’m the only one with a pistol permit in my house so if I leave my gun in the glove box are wife wife and children guilty of illegal possession? Also don’t use the excuse that my guns legal because no one should need a permit for a pistol.
also think about it I’m the only one with a pistol permit in my house so if I leave my gun in the glove box are wife wife and children guilty of illegal possession? Also don’t use the excuse that my guns legal because no one should need a permit for a pistol.
1. They sure did know. There were casings in the vehicle so it had just been fired, and one of the 2 had his DNA on the gun.
2. If you were to leave the gun in your car and someone else like a family member was driving it they would not face charges as the gun goes directly back to you. If the gun is registered on a permit it is assumed to belong to that person and the assumption that it belongs to everyone in the vehicle doesn’t apply. Not sure where exactly I read that but I remember seeing it not too long ago or something very similar to that.
One of the reasons for the charging everyone...
All people (most anyway) will turn on family and friends when facing jail time. Great motivation for the truth.
BDinPutnam
.475 A&M Magnum
Right wrong or indifferent.... Only putting out the information of reality
BDinPutnam
.475 A&M Magnum
Oh yeah it wasnt meant judgementally toward you. I have seen this play out different ways (admittedly on the white collar side of things)- scoop everyone up, everyone is a bad guy, scheme collapses. I've also seen people pay 100's of thousands defending stuff they were entirely innocent of. And people plead out to stuff they weren't guilty of.
Every case is different, of course.
Just to follow up on the presumption of possession law, I found this but I"m not sure what exactly it means. How can you be an occupant but also not present? Someone translate this for me.
S 265.15 Presumptions of possession, unlawful intent and defacement.
3. The presence in an automobile, other than a stolen one or a public
omnibus, of any firearm, large capacity ammunition feeding device,
defaced firearm, defaced rifle or shotgun, defaced large capacity
ammunition feeding device, firearm silencer, explosive or incendiary
bomb, bombshell, gravity knife, switchblade knife, pilum ballistic
knife, metal knuckle knife, dagger, dirk, stiletto, billy, blackjack,
plastic knuckles, metal knuckles, chuka stick, sandbag, sandclub or
slungshot is presumptive evidence of its possession by all persons
occupying such automobile at the time such weapon, instrument or
appliance is found, except under the following circumstances: (a) if
such weapon, instrument or appliance is found upon the person of one of
the occupants therein; (b) if such weapon, instrument or appliance is
found in an automobile which is being operated for hire by a duly
licensed driver in the due, lawful and proper pursuit of his or her
trade, then such presumption shall not apply to the driver; or (c) if
the weapon so found is a pistol or revolver and one of the occupants,
not present under duress, has in his or her possession a valid license
to have and carry concealed the same.
S 265.15 Presumptions of possession, unlawful intent and defacement.
3. The presence in an automobile, other than a stolen one or a public
omnibus, of any firearm, large capacity ammunition feeding device,
defaced firearm, defaced rifle or shotgun, defaced large capacity
ammunition feeding device, firearm silencer, explosive or incendiary
bomb, bombshell, gravity knife, switchblade knife, pilum ballistic
knife, metal knuckle knife, dagger, dirk, stiletto, billy, blackjack,
plastic knuckles, metal knuckles, chuka stick, sandbag, sandclub or
slungshot is presumptive evidence of its possession by all persons
occupying such automobile at the time such weapon, instrument or
appliance is found, except under the following circumstances: (a) if
such weapon, instrument or appliance is found upon the person of one of
the occupants therein; (b) if such weapon, instrument or appliance is
found in an automobile which is being operated for hire by a duly
licensed driver in the due, lawful and proper pursuit of his or her
trade, then such presumption shall not apply to the driver; or (c) if
the weapon so found is a pistol or revolver and one of the occupants,
not present under duress, has in his or her possession a valid license
to have and carry concealed the same.
holdover
.475 A&M Magnum
Ill take a wack at it, It might be a type-0 Not present, but presently under duress.
If it were drugs and no one claimed ownership then the drive is assumed to own the drugs and booked accordingly. I don't see why firearms would be any different.
Why would it matter if you were under duress? If you're there and have a license for the gun there is no problem. Doesn't make sense.
Marine Cpl
.577 Tyrannosaur.
The way this country works or is supposed to work is that you are innocent until proven guilty. If they cannot prove who the owner of the crack or glock is, then the case is supposed to be thrown out.
But this BS has been happening for years and sheeple and the uninformed are so used to it that they think it’s right.
But this BS has been happening for years and sheeple and the uninformed are so used to it that they think it’s right.
Toecutter
.308 Win
Bob
6.5 Creedmoor
Think carjacking. Victim gets pushed to the passenger seat, with a licensed handgun in the center console. Actor can get whacked with the CPW charge, as the victim is in the vehicle under duress.
But if you're road tripping with your buddy and you put your licensed piece in the glovebox, there is no charge because he isn't there under duress.
spat
.700 Nitro Express
Or you've been kidnapped by an assailant with an illegal gun, but you have a permit.
The car gets pulled over and the guy throws the gun in the back seat.
He doesn't get a pass on the possession charge just because you have a permit.