Right totally violated - Page 4

Right totally violated

This is a discussion on Right totally violated within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Whole thing sounds like horse poop to me....

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  1. #46
    Ex Member Array NYCrulesU's Avatar
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    Whole thing sounds like horse poop to me.
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  2. #47
    Ex Member Array walleye's Avatar
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    Quote Originally Posted by Divebum47 View Post
    Judging by the facts of your post, your rights were not violated. You made a couple of mistakes. 1) Took a firearm into a state that does not observe the 2nd Amendment, 2) Allowed a search of your car, 3) did not know the law of the state into which you took your firearm. While the laws of NY are certainly draconian, they are the laws of NY. You are pretty much to blame on this one.
    You're an adult. You must know there is a difference between stating opinions and stating knowingly false facts. New York State complies with the 2nd Amendment regardless of your OPINION about it's gun - or any other - laws or any state, any amendment, and any laws - unless those laws were found Unconstitutional.

    The Supreme Court just gave an Opinion about Gun-Law and Constitutionality - with the DC Law applied to Mr. Heller being the only found Unconstitutional and with plenty of examples of other types of regulations it specified as Not Being Changed by the Opinion.

    If you THINK laws are Unconstitutional then go to it like Mr. Heller did, or Mr. Brown in the Supreme Court's "Brown vs The Board of Education" etc.

    Until they are found Unconstitutional, "I think that...." is a great phrase to learn.

    By the way, and for all: The State of Florida does not adhere to the 4th Amendment..

    As well: England was the aggressor nation in WWII

    And lastly It is Legal to Vote Twice in the Same Election in New Hampshire
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  3. #48
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    Ya know, following the rule of always locking your doors behind you with the keys inside would have prevented this. Just make sure you have a keypad on your door, or a cell phone in your pocket to call AAA.

  4. #49
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    My question is this: Why did he stop by "ny finest" in the first place? What gave them probable cause to search? His out-of-state plates? I seriously doubt that.....NY is state with the the worst gun laws ever.
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  5. #50
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    Quote Originally Posted by mr.stuart View Post
    Another reason I live in the great country of Texas
    Yep!

    ....deep in the heart of.......
    An imperfect servant of my Lord and Saviour, Jesus Christ

    Buying American made, keeping Americans working
    ....Whenever I still can

    What non-shooter are YOU planning on taking to the range?

  6. #51
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    NEW YORK—Caution: New York state`s general approach is to make the possession of handguns and so-called "assault weapons" and "large capacity ammunition feeding devices" illegal and then provide exceptions that the accused may raise as "affirmative defenses" to prosecution. The only exceptions to the "assault weapons" and "large capacity" magazine bans are provisions which allow possession of otherwise banned items manufactured on or before September 13, 1994, or ammunition feeding devices "capable of operating only with .22 caliber rimfire ammunition." The possession or transport of any other "assault weapon" or "high capacity" magazine is a felony. The prohibited ammunition feeding devices include not just magazines that have a capacity of more than 10 rounds but those "that can be readily restored or converted to accept more than 10 rounds."

    Possessing a loaded handgun outside one`s home or place of business without a license is a felony. This applies not only to those who possess loaded handguns, but also to anyone who merely possesses a handgun and "at the same time … a quantity of ammunition which may be used to discharge such firearm." Licenses to possess and carry handguns are not issued to out-of-state residents, unless they are principally employed or own a business in New York.

    A nonresident who "has in his possession a pistol license or firearms registration card issued in accordance with the laws of his place of residence" may transport a handgun to and from, and possess a handgun while attending, "an organized competitive pistol match or league competition" approved by or conducted under the auspices of the National Rifle Association or the International Handgun Metallic Silhouette Association or at a "an organized convention or exhibition for the display of or education about firearms" approved by or conducted under the auspices of the NRA, so long as all of the following apply: (1) the person is a competitor in the match or a registered participant in the exhibition or display; (2) the possession occurs during or within 48 hours of the event; (3) the person has never been convicted of a felony or a crime that within New York would constitute a felony; and (4) the handgun is transported unloaded in an opaque container together with a copy of the match or exhibition program, schedule, or registration card. A person may also possess or transport a handgun if he or she is a member or coach of an accredited college or university target pistol team who is transporting the handgun into or through New York to participate in a collegiate, target, or Olympic pistol competition approved by or under the auspices of the National Rifle Association. During transport the handgun must be unloaded and in a locked carrying case, and any ammunition for the handgun must be locked in a separate container.

    A number of localities, including Albany, Buffalo, New York City, Rochester, Suffolk County, and Yonkers, impose their own requirements on the possession, registration, and transport of firearms. Possession of a handgun within New York City requires a New York City handgun license or a special permit from the city police commissioner validating a state license within the city. Even New York state licenses are generally not valid within New York City unless a specific exemption applies, such as when the New York City police commissioner has issued a special permit to the licensee or "the firearms covered by such license are being transported by the licensee in a locked container and the trip through the city of New York is continuous and uninterrupted." Possession of a shotgun or rifle within New York City requires a permit, which is available to non-residents, and a certificate of registration. No person may possess a loaded rifle or shotgun anywhere in public within New York City limits. A non-resident without a permit may possess an unregistered long gun for up to 24 hours in New York City if in transit to a destination outside the city, provided that the firearm is at all times unloaded and in a locked case or locked automobile trunk and the person is "lawfully in possession of said rifle or shotgun according to the laws of his or her place of residence."


    Rediculous Unconstitutional? Just from reading these few paragraphs.
    NRA Certified Rifle/Pistol Instructor
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    Accuracy ALWAYS WINS! So carry what you can hit with.

    If you find yourself in a fair fight your tactics stink.

  7. #52
    Distinguished Member Array Spec's Avatar
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    Quote Originally Posted by Hubs View Post
    My question is this: Why did he stop by "ny finest" in the first place? What gave them probable cause to search? His out-of-state plates? I seriously doubt that.....NY is state with the the worst gun laws ever.


    I would say Commieforina Does, then Illinios then NY.
    NRA Certified Rifle/Pistol Instructor
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    Accuracy ALWAYS WINS! So carry what you can hit with.

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  8. #53
    Ex Member Array walleye's Avatar
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    Quote Originally Posted by Spec View Post
    NEW YORK....

    Rediculous Unconstitutional? Just from reading these few paragraphs.
    Lookit, this is simple, the Constitution gives the Supreme Court the function of deciding Constitutionality, not you. And they have not declared anything Unconstitutional about anything besides DC law with regard to Mr. Heller under the subject of the 2nd Amendment. And that's the way it is in the USA. We don't select which laws we obey by running around making Constitutional Proclamations.

  9. #54
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    Was the ash tray open or closed?

    If the ash tray was open, the cover officer could have easily spotted the cartridge which in-turn caused a officer safety issue in which you where removed from the vehicle by the contact officer and questioned about a possible weapon.

    If the ash tray was closed and the officer had to physically open it to see, that is a search and they must have had another reason to be there (which you are not telling us)

    either which way, you gave them consent by opening your trunk for them (or handing them your keys).

  10. #55
    Ex Member Array Snatale42's Avatar
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    Quote Originally Posted by GLOCKFENE View Post
    Hello guys glockfene here,
    i thought gettting my permit was the best day right after my daughters being born, even though it's our right to bare arms, i reside in georgia, i went on a road trip to see family in new york packed trunk and was off to see the family get get to ny and get stopped by ny finest, he asked me to step out the car, while his buddy (illeagally) searched my car (me forgetting) gun was in trunk, gop finds 1 round in the ash tray "sir is there a gun in the car" my heart sunk i responded yes in my trunk lock up in a book bag with a pad lock on the book bag they retrieved the glock 23 unloaded fire arm cuff me and carried me off to the slammer (im licensed by ga by the way) i get my right read to me "behind bars" glock taken by ny finest i get charged with a misdemeanor in the 4th so now i have a record... From the age of 0 to 34years of age i get arrested 3 day after my 35th birthday dec. 4th. So with this charge, can i still carry being that it wasn't a violent felony but a misdemeanor in the 4th.
    Most state's won't screw with your permit for a misdemeanor, but honestly what the hell were you thinking bringing guns to NY? The FOPA only protects you from prosecution (not that it really works in NY anyways) When you travel FROM and TO states where you can legally posses firearms. Being that it's only a misdemeanor you should contact a lawyer, you may be able to get the damage undone. You are VERY lucky that was the outcome. Most people that have tangled with NY/NJ aren't that lucky. Remember firearm possession is NOT a right in NY! Doesn't matter that it's unconstitutional, that's the way it is.

    Just curious, what got you pulled over?
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  11. #56
    Ex Member Array Snatale42's Avatar
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    Quote Originally Posted by matthew03 View Post
    The Mason Dixon, do not cross zone for God fearing Southern Gentlemen.
    More like NORTH fearing Southern Gentlemen, You guys should go up top more often (except NY of course). Southerners have a very screwed up idea of what they THINK the north is like. You'd realize it's not as different as you think.

  12. #57
    Ex Member Array Snatale42's Avatar
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    Quote Originally Posted by Hubs View Post
    I seriously doubt that.....NY is state with the the worst gun laws ever.
    Being refused your permit do to speeding tickets, parking tickets, credit....NY SD's have been known to use some pretty ridiculous rejection reasons. How about having to spend the money on a gun to be ALLOWED to wait 6 to 8 months to get it, then get proof you bought a gun, have the SD add the S/N to the permit, then allow you to get your property? Name a state worse than that!

    I'm from MA where it's May Issue, but MA has NOTHING on NY,NJ,MD or CA. At least we can knowingly move to a Shall Issue City/Town get our permit and be on our merry way. The laws still suck, don't get me wrong but they are the best of the worst by a long shot.

  13. #58
    Ex Member Array walleye's Avatar
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    Quote Originally Posted by Snatale42 View Post
    Being refused your permit do to speeding tickets, parking tickets, credit....NY SD's have been known to use some pretty ridiculous rejection reasons. How about having to spend the money on a gun to be ALLOWED to wait 6 to 8 months to get it, then get proof you bought a gun, have the SD add the S/N to the permit, then allow you to get your property? Name a state worse than that!

    I'm from MA where it's May Issue, but MA has NOTHING on NY,NJ,MD or CA. At least we can knowingly move to a Shall Issue City/Town get our permit and be on our merry way. The laws still suck, don't get me wrong but they are the best of the worst by a long shot.
    It's easy to get a permit in most parts of NY State and no one is turned down for speeding and such. You have such an erroneous view of NY State - it has strict gun laws but it is to say again, easy to get a permit for any law abiding citizen. I'm a little tired of constant digs about the State, the City, and all of its people, the myriad great things about the City as if all of reality and value was someone's or some places's fire-codes or Jury-codes or something else too strict for a minority of the population which you and some others are. And as well, the equation of gun regulations with lack of freedom: Go read the Heller Opinion of the Supreme Court and develop some logic and ability to see the difference between reality and the inside of your forehead.

    I have seen NO other state pilloried, spit upon, its people thrown into a cesspool of personalized attacks - and there are plenty of states that could be singled out for bile if that was the way things worked around here. BUT THEY DON'T. And people generally don't insult and froth impossibly bigoted personal attacks against others, their homes or anything like that.

    So, to join you and some others for a bit:
    So, go put your bile, and the same for others, their bile, where the sun don't shine, from this Northerner and long time resident of New York and at times the City - as well as other areas.

    A few firefighters with friends buried under the Memorial at Ground Zero might follow you back whence you came.

    People want wars between States? Gross personal insults? The Civil War fought again and again on these pages. You'll get it if you start it.

    Only I won't. I've got better things to do than exercise but a parting moment from that world - and this thread.

    Acting like trash-dogs is the way you lose good people on these forums.
    Last edited by walleye; January 9th, 2012 at 02:58 AM.

  14. #59
    Ex Member Array Snatale42's Avatar
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    Quote Originally Posted by walleye View Post
    It's easy to get a permit in most parts of NY State and no one is turned down for speeding and such. You have such an erroneous view of NY State - it has strict gun laws but it is to say again, easy to get a permit for any law abiding citizen. I'm a little tired of constant digs about the State, the City, and all of its people, the myriad great things about the City as if all of reality and value was someone's or some places's fire-codes or Jury-codes or something else too strict for a minority of the population which you and some others are. And as well, the equation of gun regulations with lack of freedom: Go read the Heller Opinion of the Supreme Court and develop some logic and ability to see the difference between reality and the inside of you forehead.
    I'm on many Gun forums, if your right, then MANY NY residents are all in a conspiracy to make up the exact same story of why there having issues getting permits! Also how many of these "east to get" permits allow conceal carry???????? 90% of them are restricted.


    I have seen NO other state pilloried, spit upon, its people thrown into a cesspool of personalized attacks - and there are plenty of states that could be singled out for bile if that was the way things worked around here. BUT THEY DON'T. And people generally don't insult and froth impossibly bigoted personal attacks against others, their homes or anything like that.

    So, to join you and some others for a bit:
    So, go put your bile, and the same for others, their bile, where the sun don't shine, from this Northerner and long time resident of New York and at times the City - as well as other areas.

    A few firefighters with friends buried under the Memorial at Ground Zero might follow you back whence you came.

    People want wars between States? Gross personal insults? The Civil War fought again and again on these pages. You'll get it if you start it.

    Only I won't. I've got better things to do than exercise but a parting moment from that world - and this thread.

    Acting like trash-dogs is the way you lose good people on these forums.
    Time for your Ritalin buddy!

    NOBODY IS TALKING ABOUT PERSONAL ATTACKS!
    NOBODY IS TALKING ABOUT DEAD FIREFIGHTERS!
    NOBODY IS TALKING ABOUT WARS BETWEEN STATES!

    I thinks it's last call for you pal, you've had 1 too many!
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  15. #60
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    @ Walleye--- Here's how I see it from the point of view of:
    a) An ex New Yorker; born and raised in The Bronx and lived there till I was in my mid-20s;
    b) A CT Yankee; family, land, heritage, still own land there-- and, in the good part of CT, EAST of the river, what Mitchell calls The Hinterlands;
    c) A Texan, having had to live here for my job and now too old to move back where it is cold and snowy;
    d) someone who has also lived in Iowa, MN, OH, and even Ontario:

    Some of the jabs by some here are clearly off the charts. Yes, some want to fight the civil war over and over and over again and want another go at it, it seems. Some have an ingrained hatred of The North as many Northerners do also of The South. Why this all has lingered for 150 years is almost incomprehensible; especially given population mobility since after WWII.

    Others come here to bash NY and NYC to push partisan political positions, without realizing that NY has usually had a Governor of the party they support, and often NYC has had a mayor of the party they support; and all were anti-gun owner rights.
    A few come here to bash NYC because Mayor Bloomberg happens to be ultra wealthy, or because he happens to be Jewish. They won't come out and say it directly, but it can be read between the lines. The very high level of hostility didn't get put forth when Rudy G was mayor, and he was as much of a horse's back end on gun owner rights as any NYC mayor at any time.

    All of that crap aside---
    NY is plainly out of the norm where gun owner rights are concerned. NYC was out of the norm on that subject for my whole life, and I'm pushing 70. Both city and state are out of the norm on gun owner rights even when compared to immediate neighbors, CT, Vemont, NH, PA. Out of the norm when compared with MA. Only NJ comes close/ along with the quasi government called the Port Authority. Saying that is no insult to those killed on 9/11, Walleye. I don't see any connection between that episode and speaking up against NY's gun laws and how they are enforced.

    Those of us who live elsewhere can hardly be blamed for our disdain of their gun laws and their attitude toward out-of-stater's who happen to screw up and mistakenly pick their luggage up at an airport or mistakenly think their out-of-state license is good there. Hot Guns elsewhere pretty much told us how those situations should be properly handled; with deceny, provided that there is no other reason to look further at the individual.

    We almost never hear of incidents of the type which popped up here recently happening in other states. That is pretty good evidence that NY is out of the norm.

    Now, for the state's rights folks at the extreme end of the spectrum: HECK, its their (NY voter's) right to do it that way. You don't want Uncle involved, you oppose HR 822, you opposed LEOSA, blah blah, don't want the Feds involved. So, this is what you have to live with. You asked for it, you got it.

    Walleye is right when he says what they do is perfectly constitutional. Heller was a wimpy decision that has (as I often predicted) had little practical impact on anyone. Don't look to the courts for relief on gun owner rights.

    Look to convincing The Senate to pass HR 822. Then pray that the NY jurists don't twist that into a defense to be used only after an arrest. Because they will try to do that; and more, if given half a chance.

    OT but germain to this discussion, I've been attacked for using "one nation indivisible" as a signature line because I mean that to suggest that we need much more uniformity in our laws. We do. It makes no sense for something (anything) to be legal in
    44 states and felonious in 6. That such things exist, or worse, legal in 49 and felonious in 1 (hollow points), is a blot on our
    national good sense, and a pointer to something broken/ antiquated in our way of doing things.
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    If the Union is once severed, the line of separation will grow wider and wider, and the controversies which are now debated and settled in the halls of legislation will then be tried in fields of battle and determined by the sword.
    Andrew Jackson

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