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To: El Gato

“Hiraman will be arraigned on charges of brining an unlicensed gun onto campus, fourth-degree criminal possession of a weapon with intent to use on another person and numerous violations of New York City’s Administrative Code. “


(Let’s see what kind of case they have here under state criminal law.)

§ 265.06 Unlawful possession of a weapon upon school grounds.
It shall be unlawful for any person age sixteen or older to knowingly
possess any air-gun, spring-gun or other instrument or weapon in which
the propelling force is a spring, air, piston or CO2 cartridge in or
upon a building or grounds, used for educational purposes, of any
school, college or university, without the written authorization of such
educational institution.
Unlawful possession of a weapon upon school grounds is a violation.

(Strange, but this doesn’t include muzzle loaders or “firearms.”)

(Next, let’s try that criminal possession of a weapon charge.)

§ 265.01 Criminal possession of a weapon in the fourth degree.
A person is guilty of criminal possession of a weapon in the fourth
degree when:
(1) He possesses any firearm, electronic dart gun, electronic stun
gun, gravity knife, switchblade knife, pilum ballistic knife, metal
knuckle knife, cane sword, billy, blackjack, bludgeon, metal knuckles,
chuka stick, sand bag, sandclub, wrist-brace type slingshot or
slungshot, shirken or “Kung Fu star”; or

(Did he possess a “firearm”? No. See definition below.)

(2) He possesses any dagger, dangerous knife, dirk, razor, stiletto,
imitation pistol, or any other dangerous or deadly instrument or weapon
with intent to use the same unlawfully against another; or

(A muzzle-loader is a deadly weapon, but then they need to PROVE it was intended to be used. No evidence of that yet.)

(3) He or she knowingly has in his or her possession a rifle, shotgun
or firearm in or upon a building or grounds, used for educational
purposes, of any school, college or university, except the forestry
lands, wherever located, owned and maintained by the State University of
New York college of environmental science and forestry, or upon a school
bus as defined in section one hundred forty-two of the vehicle and
traffic law, without the written authorization of such educational
institution; or

(”rifle” or “shotgun”? Nope. See below.)

(4) He possesses a rifle or shotgun and has been convicted of a felony
or serious offense; or

(No evidence he’s ever been convicted of anything.)

(5) He possesses any dangerous or deadly weapon and is not a citizen
of the United States; or

(No evidence he’s not a citizen)

(6) He is a person who has been certified not suitable to possess a
rifle or shotgun, as defined in subdivision sixteen of section 265.00,
and refuses to yield possession of such rifle or shotgun upon the demand
of a police officer. Whenever a person is certified not suitable to
possess a rifle or shotgun, a member of the police department to which
such certification is made, or of the state police, shall forthwith
seize any rifle or shotgun possessed by such person. A rifle or shotgun
seized as herein provided shall not be destroyed, but shall be delivered
to the headquarters of such police department, or state police, and
there retained until the aforesaid certificate has been rescinded by the
director or physician in charge, or other disposition of such rifle or
shotgun has been ordered or authorized by a court of competent
jurisdiction.

(He’s not been judged “certified”, nor was it a rifle or shotgun.)
...
Criminal possession of a weapon in the fourth degree is a class A
misdemeanor.

§ 265.00 Definitions.
As used in this article and in article four hundred, the following
terms shall mean and include:
3. “Firearm” means (a) any pistol or revolver; or (b) a shotgun having
one or more barrels less than eighteen inches in length; or (c) a rifle
having one or more barrels less than sixteen inches in length; or (d)
any weapon made from a shotgun or rifle whether by alteration,
modification, or otherwise if such weapon as altered, modified, or
otherwise has an overall length of less than twenty-six inches; or (e)
an assault weapon. For the purpose of this subdivision the length of the
barrel on a shotgun or rifle shall be determined by measuring the
distance between the muzzle and the face of the bolt, breech, or
breechlock when closed and when the shotgun or rifle is cocked; the
overall length of a weapon made from a shotgun or rifle is the distance
between the extreme ends of the weapon measured along a line parallel to
the center line of the bore. Firearm does not include an antique
firearm.
11. “Rifle” means a weapon designed or redesigned, made or remade, and
intended to be fired from the shoulder and designed or redesigned and
made or remade to use the energy of the explosive in a fixed metallic
cartridge to fire only a single projectile through a rifled bore for
each single pull of the trigger.
12. “Shotgun” means a weapon designed or redesigned, made or remade,
and intended to be fired from the shoulder and designed or redesigned
and made or remade to use the energy of the explosive in a fixed shotgun
shell to fire through a smooth bore either a number of ball shot or a
single projectile for each single pull of the trigger.

(Isn’t it something how the prosecutors will toss a guy in jail when they know they have no legitimate case?)


54 posted on 09/28/2007 6:31:48 AM PDT by Atlas Sneezed ("We do have tough gun laws in Massachusetts; I support them, I won't chip away at them" -Mitt Romney)
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To: Beelzebubba
Isn’t it something how the prosecutors will toss a guy in jail

At the moment he's in Bellevue, but has been charged. Bellevue, IIRC, is the psychiatric hospital. Where all the Bloombergs, Schummers, Daleys and Clintons would like to put all gun owners not under their control.

All can add to that is: Come and get us.

56 posted on 09/28/2007 9:22:20 AM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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