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NY SAFE Act claims another victim

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The guy was fully aware he was carrying.  In one report he says he told the cops he was carrying and offered to help.  Not one of the cops on scene can recall him ever making that statement.  In another televised interview he was asked directly by the reporter why he did not tell the cops he was carrying after the cops asked him outright if he had a gun.  He said he didn't lie because the cops didn't ask specifically if he was carrying a gun with a permit, they only asked if he had a gun. He also said he was not aware that it was illegal for him to be carrying on school grounds, which is unbelievable for someone who was supposedly instrumental in getting the SAFE act passed.

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Some good news, at least for now:

 

http://gunssavelives.net/blog/gun-laws/breaking-new-york-state-police-instructed-not-to-enforce-safe-act-mag-limit/

 

 

 

BREAKING: New York State Police Instructed Not to Enforce SAFE Act Mag Limit
MARCH 26 2014                     BY DAN CANNON
 
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9mm_magazine-300x142.jpgA court ruling had already determined that the 7 round magazine limit imposed by New York’s SAFE Act was unconstitutional. However, the ruling will likely face court challenges in other courts before it’s all said and done.

In the meantime, apparently the New York State Police have joined other law enforcement agencies in instructing their officers not to enforce the law as it currently stands.

The following press release is from the New York State Rifle and Pistol Association:

 

ALBANY, NY (03/26/2014)- The New York State Rifle & Pistol Association is pleased to announce that the Revised New York State Police NY SAFE Act Guide instructs its members not to enforce the 7-round magazine limit originally imposed by the hastily enacted measure.

“This is a direct result of the December 31, 2013 ruling in the U.S. District Court for the Western District of New York on litigation filed by NYSRPA,” said NYSRPA President Thomas King. The court ruled that the unlawful possession of certain ammunition feeding devices (fully loaded 10-round magazines) was unconstitutional.

 

“The New York State Police have followed the same sensible path taken by the New York Sheriffs’ Association and many local law-enforcement agencies in not enforcing a capricious, ill-conceived and unconstitutional portion of the NY SAFE Act,” stated King. “To date, NYSRPA has spent over $500,000 in litigation and we are prepared to fight the NY SAFE Act all the way to the U.S. Supreme Court where we are confident that many provisions of the law will ultimately be overturned.”

Citing the secretive and hurried process in which the NY SAFE Act became law, King said, “Lawmakers, mental health professionals, and New York’s gun owners were essentially ignored in the rush to enact this law. As a result, careful judicial scrutiny is uncovering some of the law’s flaws and unenforceability.

New York’s legal gun owners are among the most law-abiding citizens of this state and ultimately their civil rights will be upheld.”

 

 
 

 

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I carry every day. I have never forgot I was armed or forgotten to strap it on leaving the house.

 

If you forget you are carrying you need to conduct a serious and honest self assessment of you mindset.

 

I would go so far as to say that if you did forget, you probably shouldn't carry a gun for self defense.

 

Well said. Agreed on all points.

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Imagine if it had been just a peasant that was charged...  I would be interested in knowing what kind of community service Ferguson will actually serve.  I was thinking maybe cleaning the toilets at Riker's Island, or something similar. 

 

http://www.inquisitr.com/1495491/dwayne-ferguson-gun-control-advocate-sentenced/

 

 

Dwayne Ferguson, Gun Control Advocate, Sentenced For Bringing Weapon To Elementary School

 

Dwayne Ferguson was arrested back in February for bringing a loaded gun onto a Buffalo, NY, elementary school campus — marked at the time as ironic, since Ferguson was a noted local gun control advocate. The activist was at the school to volunteer in a mentoring capacity. He is known for other volunteer work in the community and regularly keeps his weapon at his side.

 

In various accounts, Ferguson is said to have either forgotten to remove his gun before heading to the school, forgotten he had it with him, or to have not known he could not take his gun to school.

 

The gun control supporter’s sentence was handed down on Monday and many say it was too lenient.

Back when the story broke, it was reported that Ferguson was a volunteer of the local chapter of MAD DADS, an antiviolence group. He works with troubled youth in the city and was volunteering at the elementary school. It was also noted that he had been a big supporter of New York’s SAFE Act, a gun control law which was written to increase background checks for gun purchases.

 

Ferguson is specifically said to have supported a state assemblywoman who was lobbying for gun control laws to make bringing a gun on school grounds a felony charge.

However, the sentence handed down this week was startlingly light: according to WIVB4, Dwayne Ferguson is expected to complete 100 hours of community service and stay out of trouble. If there are no further incidents, he will face no more serious charges.

 

It’s notable that the activist appeared the very next day after the incident to issue a public apology for the gun incident, but he also plead not guilty to three charges, including the charge of carrying a loaded firearm on school property, according to WIVB4‘s February report. The report also states that Ferguson claimed he wasn’t aware of any law or rule preventing him from carrying his gun on school property, despite reports he joined in lobbying for exactly such a law.

Many are calling the sentence and the charges ironic because of Ferguson’s support of gun control, but the Buffalo News reports that the discharge of the sentence is indeed conditional: Wayne Ferguson must report back to the judge in six months, and if he fails to comply with the conditions inside three years, he will face a year in prison for the misdemeanor charge of fourth-degree criminal possession of a weapon.

 

Should a gun control advocate be charged more harshly for violating the laws he supported or was reducing the charge a reasonable measure for a man who has worked to improve his community and simply made a mistake?

[photo credit: smalbanynewyork.wordpress.com]

 

 

I would say that whatever the maximum charge is, he should have received it.  I wonder what Shaneen Allen will receive with her PTI, and if the two Republics will be comparable?  I imagine that she has already had more jail time than this progressive statist whose community service will be watering flowers, or something similar.

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Did you catch the part where he will get a "misdemeanor charge of fourth-degree criminal possession of a weapon" if he fails to comply with the 100 hours community service.

 

So, in NY bringing a gun to school is a misdemeanor. In NJ is's a manditory 3-1/2 to 10.

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Conditional Discharge.

That's like PTI, but less stringent. No supervision, just community service and it's only 6 months, not a year.

 

And the community service, in this case, is a joke since he's an "activist".

 

One rule for thee and another for me.

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Ok, I've never carried before but for those that have, do you ever forget you have it on you?

I carry daily but avoid places I can't. With that being said, this HYPOCRITE was against CCW and supported the "safe act"....that's what makes this even more interesting! These stinking progressives disarm us so they can be the only ones armed and they get away with it!

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Ok, I've never carried before but for those that have, do you ever forget you have it on you?

I've forgotten I wasn't carrying, and that's a bad feeling when you realize it. I've never drawn on anyone in recent decades but I have put my hand on it or broken leather. I remember at least once reaching for it and it wasn't there. These episodes were on private property or outdoors, not inside a Walmart or Staples.

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