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A gun tale of two cities - Different laws for Iraq veteran and a television ‘star’
The Washington Times ^ | Thursday, February 21, 2013 | Emily Miller

Posted on 02/23/2013 4:28:29 AM PST by deks

Nathan Haddad, a former Army staff sergeant in New York, was selling his gun magazines when he was arrested for violating a state law prohibiting possession of magazines that hold more than 10 rounds. He was arrested and charged with five felonies. This is the crime that David Gregory of NBC News committed in Washington a few months ago; Mr. Gregory was not prosecuted because he’s, umm, well, a celebrity.

The district attorney for Jefferson County, N.Y., offered Sgt. Haddad, now a civilian employee at Fort Drum, N.Y., a deal that would require him to plead guilty to five Class A misdemeanors to avoid going to jail. Sgt. Haddad has several weeks to decide whether to go to trial.

“My first reaction was that I’m going to still be branded as a criminal and probably lose my job,” he told The Washington Times. “The military doesn’t consider a 30-round magazine a weapons system — it is just a component of a weapons system.”

Since his arrest, Sgt. Haddad has sold all his property, including his AR-15 rifle, to pay his lawyer. His New York state permit to carry a gun was taken away, and the sheriff’s office confiscated his pistols. His brother, Michael Haddad, has started a legal-defense fund.

Instead of making us safer, the gun-control laws in Washington and New York only hurt “lawbreakers” such as Sgt. Haddad. Such pointless laws should be repealed. If Mr. Gregory isn’t to be prosecuted, someone who has served his nation shouldn’t be, either. Fair ought to be fair.

Emily Miller is a senior editor for the Opinion pages at The Washington Times.

(Excerpt) Read more at ...

TOPICS: Government; News/Current Events; US: New York
KEYWORDS: banglist; bloodoftyrants; davidgregory; democrats; govtabuse; guncontrol; nathanhaddad; rapeofliberty; secondamendment; tyranny
Posted Feb. 22 by Michael Haddad at Nathan's Haddad's legal defense fund site

"I have not yet begun to fight!” – John Paul Jones

Yesterday’s court proceedings clarified things! The Jefferson County District Attorney’s office is more interested in political expediency than justice. THAT IS A MISTAKE!

Consultations between Nathan’s attorney Seth Buchman and a team of attorneys specializing in the 2nd Amendment and Constitutional law have already occurred. In addition, outside organizations including the NRA and The 2nd Amendment Foundation are aware of and involved in this action. Strategy is being debated, planned out and implemented.

I want to add a special thanks to Emily Miller at the Washington Times for her careful, fair and accurate reporting. In a time when most reporters simply carry water for the government Emily truly stands out as wanting to find "truth."

We will continue to raise funds and are prepared to take this as far as necessary to obtain justice. Nathan did not choose this path but he is on it. If this path takes him to the Supreme Court of the United States that is where we will go!

We will be sharing additional information in the coming days including actionable steps you can take.

“An unjust law is no law at all”—Augustine of Hippo

Please send interview requests, comments, or suggestions to:

Thank you!

Nathan Haddad's legal fund

1 posted on 02/23/2013 4:28:38 AM PST by deks
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To: deks

Ohh! Magazines = ammunition feeder not reading material. That threw me off. I thought, “Interesting, the Times does some satire.”

2 posted on 02/23/2013 4:42:00 AM PST by Tenacious 1 ("The British are Coming (to confiscate weapons)" - Paul Revere (We know how that ended))
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To: deks

I am glad I am not in his situation. But on the other hand since he is already screwed he should demand an immediate Jury trial and go for a Jury nullification of this insane new law.

Possibly he should point out to the Jury that this law implicitly demonstrates that the State of New York can make anything illegal and ANYONE an instant criminal on a whim and at an nearly insane speed if it so desires. Try applying that to owning a Hammer or a crowbar, possibly a baseball bat. It might just resonate...

3 posted on 02/23/2013 4:43:00 AM PST by The Working Man
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To: The Working Man

I might take your argument a step further. We was trying to get rid of the offending equipment in accordance with the law and was arrested for it.

The simple passing of a law made him a criminal though he did nothing illegal. He served our country and will now forever be a felon because a tool that he has relied on to protect freedom has made him a criminal at the hands of New York legislators.

I agree, get a jury of his peers.

4 posted on 02/23/2013 4:48:34 AM PST by Tenacious 1 ("The British are Coming (to confiscate weapons)" - Paul Revere (We know how that ended))
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To: The Working Man

Someone has pointed out that the 30-round magazine is really the standard capacity for the AR-15 type rifle (there are lesser and higher count magazines available).

The gun grabbers in New York have now legislated that 7 rounds will be the maximum allowed.

MUST SEE video (edit) - New Yorkers resisting the gun grabbers. . .

Full length video link (no music):
Non-Compliance Resistance Evident at Buffalo vs New York State Q & A Forum on the Arms Bill

5 posted on 02/23/2013 5:09:00 AM PST by deks ("...the battle...liberty against the overreach of the federal government" Ken Cuccinelli)
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To: Tenacious 1
Yes, he may"forever be a felon because a tool that he has relied on to protect freedom has made him a criminal at the hands of New York legislators."

To clarify, he is being prosecuted under the previous New York state magazine capacity law of 10 maximum, not the new legislation with a limit of 7 that will take effect later this year (April, I think).

6 posted on 02/23/2013 5:21:16 AM PST by deks ("...the battle...liberty against the overreach of the federal government" Ken Cuccinelli)
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To: The Working Man
That's New York ~ they'll dig up a jury that'd convict Jesus ~ in about 10 minutes.

We need to restart the Underground Railroad, except this time it starts in the Fascist states who imprison people for exercising their Second Amendment rights and ends up in Virginia and the Carolinas.

We'll need to provide for their housing along the way in secure stops with reliable, trustworthy pro-gun people.

No doubt there'll be some federales involved who will attempt to assist the Fascist states in executing warrants and such ~ and I have some ideas about how that has to be organized if anyone is interested in this ~ it starts with an apple orchard, and we got some of those right up the way near Winchester!

7 posted on 02/23/2013 5:21:59 AM PST by muawiyah
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To: deks

time for the NRA to put their money where their mouth is and DEFEND the VET, by suing to stop selective prosecutions.

8 posted on 02/23/2013 5:25:06 AM PST by q_an_a (the more laws the less justice)
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To: muawiyah
That's New York ~ they'll dig up a jury that'd convict Jesus ~ in about 10 minutes.
Ah, there you go again. Jefferson County is not NYC.
In fact, his best bet is to go for a jury trial.
9 posted on 02/23/2013 5:39:01 AM PST by oh8eleven (RVN '67-'68)
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To: y'all

Another clarification: when arrested he had only empty rifle magazines (aka clips) - but no gun, and no cartridges (aka bullets).

10 posted on 02/23/2013 5:42:17 AM PST by deks ("...the battle...liberty against the overreach of the federal government" Ken Cuccinelli)
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To: oh8eleven
Jefferson County, N.Y ~ here in Virginia the whole place seems to be just one thing after the other.

That prosecutor has Cuomo's crime syndicate behind him ~ he'll get the jury he wants.

11 posted on 02/23/2013 5:45:18 AM PST by muawiyah
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To: deks
From: The Mountaineer Online - Fort Drum Public Affairs Office

Fort Drum veteran honored at dinner with VIPs for taking care of wounded warrior

March 15, 2012 - Paul Steven Ghiringhelli, Staff Writer

Image and video hosting by TinyPic

Army veteran Nate Haddad, an employee at Fort Drum's Network Enterprise Center, appeared in uniform as an honored guest Feb. 28 [2012] at the historic Union League building in downtown Philadelphia, Pa., where Lt. Gen. William Troy, right, director of Army Staff at the Pentagon, was a featured guest speaker. (Courtesy photo)


Organizers said the Feb. 28 event was aimed at raising awareness of the challenges, transitions and unique conditions today’s service members undergo. Haddad, who was medically discharged from the Army in 2010, said he didn’t do anything special to deserve the attention.

The story of why he was singled out by a community hundreds of miles from Fort Drum began late last year, when he received a call from a 10th Mountain Division (LI) buddy, “Kyle” – a combat engineer who was left with a broken back when a roadside bomb detonated under his vehicle in Afghanistan.

... Haddad then traveled to Walter Reed National Military Medical Center in Bethesda, Md., and drove his injured buddy three hours up the road to spend Christmas with the man’s family. “The worst time to be in the hospital is during a holiday season,” Haddad said. “What I didn’t know at the time was that (my friend) sent out a mass email telling people he had two disabled vets coming over for Christmas and that it would be nice if they had a few letters or presents.”

That email reached Marian L. Moran, president of the Philadelphia chapter of Blue Star Mothers. Haddad said, largely due to her efforts, some 100 gifts showed up for Christmas. “It was absolutely astounding,” he said. “We gave away a bunch of it because there was just too much.”

But the expressions of support did not end there. Soon after the holidays, Moran followed up with Haddad, discovering he was acting not only as a friend but also as a mentor to the injured Soldier – helping Kyle get back on his feet, explaining the Medical Evaluation Board process to him and just offering to help in any way he could.

“I guess she was very inspired and impressed,” Haddad said. “She said the story went along well with the theme of ‘From War to Home’ at her upcoming dinner (at the Union League).”


[at the dinner] “When Kyle came in, I don’t think there was a dry eye in that whole place,” ...[Haddad] said of the young specialist, who was told by doctors in Bagram that he would never walk again. “They gave a brief synopsis of what had happened to him … and here he came walking up (unaided). No cane. No kind of assistance at all.”

Haddad said he believed the evening’s theme, “From War to Home,” was a topic that’s crucial for communities across America to understand and support.

“Yeah, we need to support the troops overseas,” he said. “But at the same time, when they come home, the war is not really over, and they still need support.


After more than a decade of active duty, Haddad left the Army just over a year ago. He had been a ground surveillance systems operator when he severely injured his back and shoulder during Army Special Forces selection training at Fort Bragg, N.C., in 2005. He was re-classified as an interrogator and spent the last several years of active duty undergoing multiple surgeries.


“Nate deserves some kind of award for the leadership he has shown in watching over his buddy,” she said. Melinda Roney, NEC’s Logistics Branch chief and Haddad’s supervisor, said she fully understands what kind of asset the former Soldier is to the Army. “Nathan is the type of employee that supervisors wish they had a dozen of,” Roney said. “He consistently works hard, is good-humored and always goes above and beyond without thinking twice.

“Giving 100 percent of himself comes naturally to Nate,” she added.

12 posted on 02/23/2013 5:48:58 AM PST by deks ("...the battle...liberty against the overreach of the federal government" Ken Cuccinelli)
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To: deks

There are two different standards exercised in the U.S. today, standards for the so called elite and then the standard for the rest of us.

13 posted on 02/23/2013 5:55:04 AM PST by Accessible Pudding
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To: Accessible Pudding
Quote: link below

In related news, the Office of Attorney General in the District of Columbia responded to a FOIA request I served for records regarding the decision not to prosecute David Gregory.

The OAG is refusing to release the letter sent by Gregory’s counsel which was referenced in the Attorney General’s decision not to prosecute. That letter apparently set forth the facts showing how Gregory came into possession of a high capacity magazine, as well as the grounds upon which Gregory argued that he received confusing advice from the D.C. Police. We will be pursuing an administrative appeal and will litigate the issue if need be.

William A. Jacobson, Cornell Law School

14 posted on 02/23/2013 6:10:31 AM PST by deks ("...the battle...liberty against the overreach of the federal government" Ken Cuccinelli)
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To: muawiyah

Democide: Socialism, Tyranny, Guns and Freedom

Essay and YouTube video by Travis McGee

The video has had 16,000 views in three days. If it doesn’t stiffen your spine to resist gun control, nothing will.

15 posted on 02/23/2013 6:18:18 AM PST by Travis McGee (
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To: deks

This seems to be the Obama Regime Theme:

"Some animals are more equal that others."

When I look at liberal elites with their "I am entitled to spend your money and order you around" attitude, all I see are a bunch of pigs. In no way are they superior to decent, productive people.

16 posted on 02/23/2013 6:24:12 AM PST by Pollster1
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To: Pollster1
Isn't a gun magazine designed to be an PART integral to the operation of the weapon? Seems to me it is nothing different than a bolt or a stock, etc. You legal beagles care to opine on this question
17 posted on 02/23/2013 7:01:30 AM PST by DaveA37
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To: Travis McGee

Awesome. I’ve already sent the link to a friend.

18 posted on 02/23/2013 7:06:54 AM PST by PLMerite (Shut the Beyotch Down! Burn, baby, burn!)
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To: Progov
The feds already regulate other gun parts, including the minimum length of a rifle barrel or shotgun barrel. The Supremes decided (incorrectly) that this was constitutional in United States v. Miller, where they ruled that the feds could regulate shotgun barrel length because:

"In the absence of any evidence tending to show that possession or use of a 'shotgun having a barrel of less than eighteen inches in length' at this time has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument."

The Supremes added:

"The significance attributed to the term Militia appears from the debates in the Convention, the history and legislation of Colonies and States, and the writings of approved commentators. These show plainly enough that the Militia comprised all males physically capable of acting in concert for the common defense. 'A body of citizens enrolled for military discipline.' And further, that ordinarily when called for service these men were expected to appear bearing arms supplied by themselves and of the kind in common use at the time."

I find it disturbing how willing liberals are to make things up to support doing what they want, especially taking money and weapons from law-abiding citizens. The reversal from banning a gun because it didn't strike them as military enough to today's efforts to ban guns that strike them as too military is classic liberal dishonesty.

I disagree with Miller on shotgun barrel length, both because more than 30,000 sawed off shotguns had in fact been used in trench warfare and guarding prisoners in WWI and because the actual wording does not restrict the right to keep and bear arms to only military arms. I agree with Miller that the militia is at the very least "all males physically capable of acting in concert for the common defense" (and by extension, females have the same RKBA just as women have all the other fundamental legal and human rights possessed by men).

While the ruling states: The Constitution, as originally adopted, granted to the Congress power, "To provide for calling forth the Militia to execute the Laws of the Union . . .", the Second Amendment does not only exist so that Congress can call out the militia when necessary. The reverse is also true as demonstrated by the commentary from the Founding Fathers - the Second Amendment exists so that the militia can call out the Congress when necessary.

19 posted on 02/23/2013 9:51:02 AM PST by Pollster1
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To: Pollster1

The time has come for we the people to call out congress.

20 posted on 02/23/2013 12:12:44 PM PST by exnavy (Fish or cut bait ...Got ammo, Godspeed!)
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To: deks

Frickin toads.

Toss em out of office and get new reps.

21 posted on 02/23/2013 3:45:27 PM PST by Vendome (Don't take life so seriously, you won't live through it anyway)
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