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View Full Version : NY man Arrested for mags. Time for a roadtrip?




TheTexan
01-30-2013, 06:32 PM
Original news story Jan 7
http://www.wwnytv.com/news/local/LeRay-Man-Faces-Weapons-Possessions-Charges-185853881.html

A town of LeRay man was accused Sunday of possessing high-capacity magazines for an assault rifle.

Jefferson County Sheriff's deputies say 32 year old Nathan Haddad allegedly had five 30-round magazines for an AR-15 rifle in his possession.

Police say the magazines were found during a vehicle check on Steinhilber Road in the town of LeRay.

Haddad was charged with five counts of third degree criminal possession of a weapon and arraigned in Watertown town court.

http://tlinexile.blogspot.com/2013/01/a-line-in-sand.html
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The case of Nathan Haddad should boil the blood of any good American. A twelve-year veteran of the Army, with four deployments, is a decorated combat veteran and now, probably, a felon. His crime: possession of five empty 30-round clips for an AR-15. The clips were stowed in the trunk of his car at the time of a traffic stop.

This is why, even though one is a law-abiding citizen, never talk to police officers and never give them permission to search your vehicle without a warrant describing in detail the area to be searched and the things to be seized. As Haddad found out, assuming that he did give permission to search his vehicle, thinking himself to be innocent of any crimes, now faces up to 35 years in prison, 7 years for each clip.

In legalese, they will probably give him something like 30 days if he pleads guilty to a felony, after which he will not be able to legally own a weapon, or even have access to a weapon for the rest of his life. This is called manufacturing a felony and the only reason to do so is to disarm as many people as possible by trumping up charges and pumping up sentences to frighten them into pleading to something that should be thrown out of court the minute the charges are brought. In the old days, when disarmament was not the goal, these things were always plead down, not up, for first time offenders.

I had a few minutes to speak with Michael Haddad, Nathan's brother, who has started a legal defense fund (http://www.gofundme.com/1tkukc). I have promised to contribute as much as I can afford and to encourage others to contribute. Michael, like his brother, is a good person just trying to help out. He stressed, however, to wait until after February 20th before doing anything other than contributing to the legal defense of this disabled veteran. The reason is to see if the legal system will take a no-nonsense approach to this issue. If they do not, we need to be prepared to unleash the hounds. I know that William Jacobson of Legal Insurrection (http://legalinsurrection.com/) has offered his services to aid Nathan's attorney should the state prefer to go the wrong way in this case. Kudos to Mr. Jacobson.

Nathan, like most of us, just want to get the charges dropped or reduced at this time. But, Upstate New Yorkers need to be taking heed of this case. The object right now is to let the legal system correct itself and do the right thing. There is an "or else" side to it that must be reigned in for the time being.

However, it was interesting that while looking up this case on the Internet I discovered this little article about the Jefferson County Sheriff's Department (http://www.watertowndailytimes.com/article/20130130/NEWS07/701309850).

While I believe this is a line in the sand that will test the resolve of the patriot/liberty movement in days to come, we need to keep our powder dry and send a few bucks to the legal defense fund set up by Michael Haddad.

There has been a lot discussed on this blog about good cops and bad, Oathkeepers and oathbreakers. Inevitably the issue of who is good and who is bad and how can the good cops help out without sacrificing their pensions and jobs. I am sympathetic to their point of view as I am not willing to throw my life down the drain for some unseen, unheard of sacrifice that inspires no one but the bad cops to get worse.

But here is a classic example. Had the cop not looked in the trunk. Had the cop done his job and written the ticket instead of pushing for more and more access to search the vehicle, this would not be an issue today. If the cop had found the magazines, recognized that they were not loaded and warned Nathan that it was illegal to own them, but that as a good cop, perhaps an Oathkeeper, he would look the other way in the interest of his Constitutional obligation, this would not be an issue and Nathan would not be fighting for his freedom.

Instead, we have a twelve-year decorated war veteran thrust before the legal system of New York, with no money to pay for the type of legal counsel provided to David Gregory, who violated the same law after being informed by the D.A. that it was illegal to have such a magazine in the District of Columbia and that the law was clear. David Gregory got nothing. The D.A. refused to bring charges.

Let's see if Nathan Haddad is afforded the same type of justice that a white, rich, liberal with a television news program can expect. If anything Gregory should have had the book thrown at him because he had inquired of the D.A.'s office and they told him it would be a violation of the law. That, friends is corruption, open and brazen.

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You can donate to his legal defense fund (http://www.gofundme.com/1tkukc)

And/Or you can prepare for a road trip to NY if this goes sideways

Or you can do nothing

What say you?

TheTexan
01-30-2013, 06:48 PM
I was under the impression New York had a year to comply. Apparently I was wrong...

dannno
01-30-2013, 06:53 PM
3,000 miles is a bit far for me, but it's certainly tempting.

Philhelm
01-30-2013, 06:56 PM
I was under the impression New York had a year to comply. Apparently I was wrong...

I had thought that as well. On the other hand, that is a state law being implemented. Perhaps he violated a county or city law?

TheTexan
01-30-2013, 06:58 PM
I'm confused. He was arrested Jan 7... the NY SAFE Act wasn't signed until Jan 15?

Was there a magazine ban prior to the SAFE Act? I can't find any

Confederate
01-30-2013, 07:00 PM
I was under the impression New York had a year to comply. Apparently I was wrong...

NY law has made magazines which hold more than 10 rounds illegal for a while now. The new law makes magazines with over 7 rounds illegal, gives you one year to get rid of your "high capacity" 10 round magazines, bans sales of them after April and as of last week you're only allowed to put 7 rounds into a magazine that holds 10.

TheTexan
01-30-2013, 07:05 PM
NY law has made magazines which hold more than 10 rounds illegal for a while now. The new law makes magazines with over 7 rounds illegal, gives you one year to get rid of your "high capacity" 10 round magazines, bans sales of them after April and as of last week you're only allowed to put 7 rounds into a magazine that holds 10.

Ya, it seems this has been going on for a while in several states. http://smartgunlaws.org/large-capacity-ammunition-magazines-policy-summary/#footnote_17_5980

Not sure if that really makes Nathan feel better though. That it's been going on for a while.

Philhelm
01-30-2013, 07:29 PM
NY law has made magazines which hold more than 10 rounds illegal for a while now. The new law makes magazines with over 7 rounds illegal, gives you one year to get rid of your "high capacity" 10 round magazines, bans sales of them after April and as of last week you're only allowed to put 7 rounds into a magazine that holds 10.

Ah, I forgot that it was a seven round restriction (even more egregious). Thanks for clearing that up, peasant.

proudclod229
01-30-2013, 07:42 PM
Let me see...how does the fourth ammendment go?

I know it says "and no warrant shall be issued"...meaning a warrant is required to search.

And this was a 'vehicle search'.

Not to mention, a magazine is no weapon.

TywinLannister
01-30-2013, 07:47 PM
http://i.qkme.me/36h9hh.jpg

Philhelm
01-30-2013, 07:49 PM
Let me see...how does the fourth ammendment go?

I know it says "and no warrant shall be issued"...meaning a warrant is required to search.

And this was a 'vehicle search'.

Not to mention, a magazine is no weapon.

Those laws are for the nobility, your Grace.

kathy88
01-30-2013, 07:51 PM
How did they end up searching the trunk?

Philhelm
01-30-2013, 07:55 PM
How did they end up searching the trunk?

The cop wanted to search the trunk, I'd wager.

sluggo
01-30-2013, 07:57 PM
Just thought I'd leave this here. It's tax deductible.......

https://www.gunowners.com/contribute.htm

osan
01-30-2013, 08:38 PM
Jesus... what a world.

If this goes to trial, is there any way to get me on the jury?

No, I am not joking.

TywinLannister
01-30-2013, 08:45 PM
Jesus... what a world.

If this goes to trial, is there any way to get me on the jury?

No, I am not joking.

usually you have to be a county resident. then they have to call you, then select you. in short, no

Danke
01-30-2013, 08:46 PM
I wonder if he is sure he wasn't on his way to another state?



TITLE 18 > PART I > CHAPTER 44 > § 926A

§ 926A. Interstate transportation of firearms

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

Philhelm
01-30-2013, 08:50 PM
Jesus... what a world.

If this goes to trial, is there any way to get me on the jury?

No, I am not joking.

Judging from your posts you seem to be intelligent. I suspect that would preclude you from being placed as a juror.

Anti Federalist
01-30-2013, 09:02 PM
What say you?

Two things:

Donated.

http://www.gofundme.com/1tkukc

Never talk to cops - Never give consent to search.

Look, if the cops want to search, they will regardless, but there is still a level of legal protection in place if you do not consent.

It makes it easier to throw that "evidence" out later.

puppetmaster
01-30-2013, 09:22 PM
always always decline search....NO EXCEPTIONS.

ZENemy
01-30-2013, 09:28 PM
How did they end up searching the trunk?


If one does not assert ones rights, one has none.

osan
01-30-2013, 09:49 PM
I wonder if he is sure he wasn't on his way to another state?

I would be he made statements to the police and thereby killed his chances in court.

NEVER TALK TO COPS. EVER.

Jesus... how many times does this have to be repeated?

mrsat_98
01-30-2013, 09:52 PM
Counter charge the cop with computer fraud. How do you think they keep up with the docket number. Read the statute for poss. of a weapon you must have intent to use it on another person. Either the cop is a mind reader or its fraud unless the defendant admitted he was going to use them on another person. If he had no gun or bullets he would have nearly had to have them in his hand with it drawn back to hit someone for the charge to stick.