2A - NY State DA: I won’t prosecute Cuomo’s new gun law

2A - NY State DA: I won’t prosecute Cuomo’s new gun law

This is a discussion on 2A - NY State DA: I won’t prosecute Cuomo’s new gun law within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Real title: Empire State DA: I won’t prosecute Cuomo’s new gun law: Humanevents.com By: Raquel Okyay 5/30/2013 11:02 PM An upstate New York prosecutor told ...

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Thread: 2A - NY State DA: I won’t prosecute Cuomo’s new gun law

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    2A - NY State DA: I won’t prosecute Cuomo’s new gun law

    Real title: Empire State DA: I won’t prosecute Cuomo’s new gun law:
    Humanevents.com
    By: Raquel Okyay
    5/30/2013 11:02 PM

    An upstate New York prosecutor told Human Events he will not go after an individual for a misdemeanor violation of the Secure Ammunition and Firearms Enforcement Act, signed into law on Jan. 15, in an extraordinary two-minute-drill session of the state’s legislature.

    “As I do in all cases, I considered all of the circumstances surrounding the summons,” said Columbia County District Attorney Paul Czajka.

    “I declined to prosecute one particular offense,” he said. If the DA had moved forward, it would be one of the first attempts to bring a violator of the new law to trial.

    .....“Legitimate law-abiding citizens use firearms for sport, self-defense or hunting,” said the 22-year criminal investigator. “The intention of the SAFE act was to protect the public, but the construct of the law does not make the public safer.”



    Empire State DA: I will not prosecute Cuomo's new gun law | Human Events
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    VIP Member Array ccw9mm's Avatar
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    What ... sanity in a hireling? I'm impressed.
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    Distinguished Member Array BigStick's Avatar
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    I didn't know you were allowed to apply common sense to those "common sense" gun laws??
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    Quote Originally Posted by BigStick View Post
    I didn't know you were allowed to apply common sense to those "common sense" gun laws??
    +1= You win a Kupi Doll for that comment! Well stated! Love the sarcasim!
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    How long before the DA is collecting unemployment?
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    Wow! Not a big fan of "Zero Tolerance" I see. How refreshing.
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    Quote Originally Posted by OldVet View Post
    How long before the DA is collecting unemployment?
    If I were a DA in NY, I would exercise my discretion as well. And if it cost me my job, so be it. I'd rather defend scumbags and keep the state honest than prosecute people under this unjust law.
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    Well, maybe one brave DA with both a brain and a backbone it what it takes to get the ball rolling...

    "You know, if
    one person, just one person does it they may think he's really sick and
    they won't take him. And if two people, two people do it, in harmony,
    they may think they're both faggots and they won't take either of them.
    And three people do it, three, can you imagine, three people walking in
    singin a bar of Alice's Restaurant and walking out. They may think it's an
    organization. And can you, can you imagine fifty people a day,I said
    fifty people a day walking in singin a bar of Alice's Restaurant and
    walking out. And friends they may thinks it's a movement."
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    Quote Originally Posted by gasmitty View Post
    Well, maybe one brave DA with both a brain and a backbone it what it takes to get the ball rolling...

    "You know, if
    one person, just one person does it they may think he's really sick and
    they won't take him. And if two people, two people do it, in harmony,
    they may think they're both faggots and they won't take either of them.
    And three people do it, three, can you imagine, three people walking in
    singin a bar of Alice's Restaurant and walking out. They may think it's an
    organization. And can you, can you imagine fifty people a day,I said
    fifty people a day walking in singin a bar of Alice's Restaurant and
    walking out. And friends they may thinks it's a movement."
    You can get anything you want...

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    I'm sure the NY state AG will chime in soon to dampen the energetic DA.
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    The libtards won't stand for such application of sanity and common sense. They will scream "off with his head" intil they have someone in place who will make criminals out of average every day law abiding citizens.
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    I have no problem with a prosecutor using discretion to not prosecute in the interest of justice. I have no problem with his using his discretion to avoid spending his budget by focusing on real criminals.

    But, I can't applaud. I don't really see a big difference between what was done and prosecuting on a non-existent law. Both are IMO equally wrong.

    This is a legitimate reason to not prosecute: "As I do in all cases, I considered all of the circumstances surrounding the summons,”

    This is not: "“The intention of the SAFE act was to protect the public, but the construct of the law does not make the public safer.”

    The latter is interposing his personal view within the law. He might just as well have said, "I won't seek the death penalty for this POS the cops brought me because it doesn't deter."

    Whether the new law does or does not make the public safer, is not his call. That call belongs on the legislature and governor. They made that determination however erroneously and foolishly, and it should not be second guessed by the DA, nor should the law not be followed.
    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.
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    I think it's refreshing a prosecutor sees that life isn't all black and white. I realize what the SAFE act was suppose to do but I wonder who's safer resulting from such a restrictive law.
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    I applaud the DA as well. Unjust and blatantly unconstitutional laws are not laws, despite what some statists want to believe.

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    Quote Originally Posted by Hopyard View Post
    I have no problem with a prosecutor using discretion to not prosecute in the interest of justice. I have no problem with his using his discretion to avoid spending his budget by focusing on real criminals.

    But, I can't applaud. I don't really see a big difference between what was done and prosecuting on a non-existent law. Both are IMO equally wrong.

    This is a legitimate reason to not prosecute: "As I do in all cases, I considered all of the circumstances surrounding the summons,”

    This is not: "“The intention of the SAFE act was to protect the public, but the construct of the law does not make the public safer.”

    The latter is interposing his personal view within the law. He might just as well have said, "I won't seek the death penalty for this POS the cops brought me because it doesn't deter."

    Whether the new law does or does not make the public safer, is not his call. That call belongs on the legislature and governor. They made that determination however erroneously and foolishly, and it should not be second guessed by the DA, nor should the law not be followed.
    I have to agree.....state laws (just or unjust) left to the interpretation of each different DA is not equal justice under the law. It is a form of Russian Roulette Anarchy. In one district you are taken to trial, in another district 10 miles west you're sent home. While I admire the DA's train of thought he needs to find another avenue to correct the injustice of the law. The only thing I can see coming out of this is a bad precedence.
    Hopyard likes this.
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