Posted on 06/21/2019 7:04:03 AM PDT by SeekAndFind
Most jurors have no idea of their power. This is a ripe case for jury nullification. I would never vote to convict for a simple possession charge. The facts of the case don't actually matter because of the 2nd Amendment.
“Stolarczyk retrieved his .38-caliber revolver “
In NY, you must retreat if you can, even from your own home.
In NY, you cannot touch a pistol without a permit for that pistol.
Father’s gun, never followed processed for ownership.
As bad as it is, it is the law.
This could all have been avoided if he followed the process. Upstate NY is easy to get premises and or carry.
It’s not like it’s NYC, Westchester, Rockland, or Long Island. There, it’s “Answer is NO!, now what’s the question?”
Guess the US Constitution and its Second Amendment does not apply in New York!
The Feds should be jumping in to protect 2A rights as they’re supposed to. But, they won’t.
In what alternate universe does that not violate "shall not be infringed"?
As I’ve told our local sheriff, regarding ‘duty to retreat’, I will always assume if somebody’s breaking in while I’m home, there will be one or more bad guys waiting outside.
My rural neighbors and I have developed our own pre-planned responses if anything like this ever occurs.
We refuse to become ‘victims’ and if ‘the law’ puts us at a disadvantage, we’ll find a work-around - just as our ancestors did.
...they charged him with illegal possession of a handgun...
In what alternate universe does that not violate “shall not be infringed”?
Part of the response was cut off on my screen.
It's an unconstitutional law! The right to bear arms is not a privilege, it is as the amendment states, "a right". Rights should never require the citizen pay for a permit, license or anything else. We don't pay to exercise our religion; we don't pay to exercise our free speech; we don't pay to freely assemble etc. Paying the government to possess a gun is unconstitutional on its face.
We need an SC that will strike down all laws that negate, obstruct or water-down our constitutional 'right' to bear arms.
It was a jury that cut him loose, but it looks like the Feds are lining up on him due a recent SC ruling.
https://www.sfexaminer.com/the-city/u-s-supreme-court-ruling-clears-way-for-feds-to-prosecute-garcia-zarate/
What they really want is enough lawlessness that the defenseless public clamors for the government to "do something" to protect them... Then the leftists can fulfill their fascists fantasies of total control over the "little people." (that would be us...)
Jawohl, mein Herr!
With a Whackjob like Cuomo as Gov, nobody in the state is safe.
IIRC. a premises permit (remains in home or business) is not all that hard to get, simply by submitting the paperwork as a law-abidung adult without any felony conviction. Has that changed?
Yep.
.gov dooshbags.
Nyet, Comrade.
This makes an interesting point.. When do fees become such a burden that they hinder one’s ability to exhibit their 2A rights? Here in IL, the FOID application fee is being contested, and it is merely $10.
Hopefully, our case here wraps up so that his lawyers can make an attempt at a similar argument in NY, where I wager you probably need a lawyer to translate the paperwork. It’s looking more and more like our “processing fee” will disappear, along with (hopefully) the FOID itself. I’m not expecting the latter, though.
That sounds like a pretty STUPID juror.
ALL COPS LIE, ALL PROSECUTORS PAD THEIR RESUMES, ALL JURIES SHOULD ERR ON THE SIDE OF WHAT WOULD I HAVE DONE IN THIS SITUATION.
THE RIGHT TO KEEP AN BEAR ARMS SHALL NOT BE INFRINGED!!!
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.