Counting problem
4 Responses to “Counting problem”
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May 13th, 2013 at 10:01 pm
Looks like New Yorkers just found their vehicle to SCOTUS!
May 13th, 2013 at 10:44 pm
My thoughts exactly. Say NRAILA, this guy needs help defending himself. Please give him assistance!
May 13th, 2013 at 11:15 pm
Perhaps the reporter should have asked the troopers who made the arrest whether their sidearms had more than 7 rounds in them, and if so, whether they left those extra rounds in the police armory when their shift ended so as to be in compliance with the law.
May 13th, 2013 at 11:41 pm
@Wolfwood…I’d be surprised if this one made it that far. If the cops saw the pistol in plainview and ran it to ensure it was registered that’s one thing, but I’m willing to bet a lawyer worth his salt could argue that the magazine itself fell under the 4th Amendment. Under Gant, a search of the vehicle is limited once the occupant is out of it…if the firearm is away from the owner, couldn’t you argue that the police don’t necessarily have the right to inspect the magazine when they are just checking to see if the pistol is registerd? Maybe, maybe not. But NY has to know that any 8+ round arrest is going to be challenged, and this one isn’t strong enough of a case, unless there is something else missing. Search incident to arrest would be easier to tack the charge on than exclusively arresting for the mag violation. Should be interesting. Side note, don’t have your taillight out and make sure you wear your seatbelt.