25 replies to this topic

[only7rounds2]

https://www.newyorkc...rges-dismissed/

 

Sadly, this will probably prompt the cuomo administration to sponsor a law to outlaw it.

[ProGodProGunProLife]

https://www.newyorkc...rges-dismissed/

 

Sadly, this will probably prompt the cuomo administration to sponsor a law to outlaw it.

 

Another article on this has been posted earlier.  But, this one from his attorney makes it clear that the Shockwaves in question had birds head grips as opposed to arm braces.   That is important because others with birds head grips are more clearly not designed to be fired from the shoulder than ones with braces.  

 

At any rate, it is great news that a NYS court has recognized that others, that do not meet the legal description of either shotguns, rifles or pistols, are not subject to NYS laws regarding features and specifications for shotguns, rifles or pistols.   

 

Assuming this ruling holds up, the big remaining question is whether NYS courts will hold that others with brace are designed to be fired from the shoulder or not.   

[Shotgun682]

In August, The prosecutor finally filed a written answer in which they consented to the dismissal of the Shockwave charges after reading our motion.  The client, had faced a mandatory minimum of three and one half years and had that possibility hanging over his head for more than 2 years until the charges were officially dismissed by the Supreme Court Justice, last week

There was no ruling by the Judge.

The PROSECUTOR pulled the charges and the judge dismissed the case.

Not the same as a Judge ruling that a Shockwave is an other and us peasants are allowed to posess them

[sigmann45]

I still want one .

[Ancap]

So with no ruling, someone can be arrested again and deal with this same nightmare

[boosti]

So with no ruling, someone can be arrested again and deal with this same nightmare

I doubt law abiding firearms owners need to worry about being collared for owning a Shockwave.

[only7rounds2]

So with no ruling, someone can be arrested again and deal with this same nightmare

But now you know the winning legal arguments.

[Wowzer]

Wow. This is a NYC case this means that shockwaves are legal in NYC because it is not a pistol, rifle, or shotgun. Does that mean all AOW are legal in nyc?

[only7rounds2]

Wow. This is a NYC case this means that shockwaves are legal in NYC because it is not a pistol, rifle, or shotgun. Does that mean all AOW are legal in nyc?

it is NOT an AOW. It is an "other".

[Ancap]

I doubt law abiding firearms owners need to worry about being collared for owning a Shockwave.

we are talking about a state that recently defined Mare's leg pistol as a short barrel rifle.

 

A state that has also arrested thousands and thousands of innocent victims carrying common pocket knives under the “gravity knife” law. Which only was recently overturned after decades of injustice 

[ProGodProGunProLife]

Ye

 

we are talking about a state that recently defined Mare's leg pistol as a short barrel rifle.

 

A state that has also arrested thousands and thousands of innocent victims carrying common pocket knives under the “gravity knife” law. Which only was recently overturned after decades of injustice 

 

Yes, I was pleasantly surprised that at least on NYS judge went by the law as written rather than allowing charges for gun that  a DA thinks "should be illegal", but is not under NYS law.   

[4DR ZR1]

Does anyone know if the shockwave was registered in NYC?

[only7rounds2]

Does anyone know if the shockwave was registered in NYC?

Interesting question.
Since it is not a shotgun or rifle I don't think it can be registered.

[grifhunter]

This "ruling" applies to one accused, before one Judge, in one case.   It has no precedential value whatsoever. 

You need a decision from an appellate court to really have it serve as a "ruling" that applies to the rest of the Department's jurisdiction.

Edited by grifhunter, March 03 2021 - 12:24 AM.

[only7rounds2]

You are of course correct.

 

HOWEVER, the FACT that a liberal DA in NYC was convinced that this was not an illegal weapon means everything.

The law was not on their side.

At least not yet.

[Ancap]

You are of course correct.

 

HOWEVER, the FACT that a liberal DA in NYC was convinced that this was not an illegal weapon means everything.

The law was not on their side.

At least not yet.

The DA wasn’t convinced. Their “expert witness” went against their case
 

[boosti]

we are talking about a state that recently defined Mare's leg pistol as a short barrel rifle.
 
A state that has also arrested thousands and thousands of innocent victims carrying common pocket knives under the “gravity knife” law. Which only was recently overturned after decades of injustice

Like I said, a Law abiding civilian that owns a Shockwave is not getting arrested for it.

[Ancap]

Like I said, a Law abiding civilian that owns a Shockwave is not getting arrested for it.

The tens of thousands arrested under the gravity knife laws where all law abiding as well. Not to mention all the stores selling pocket knives and box cutters that suffered too

[boosti]

The tens of thousands arrested under the gravity knife laws where all law abiding as well. Not to mention all the stores selling pocket knives and box cutters that suffered too

You are talking about people collared most likely in the City of New York for carrying pocket knives. I am not arguing with you about the arrest of people caught carrying a knife. We haven’t seen thousands or hundreds of law abiding civilians arrested for having a Shockwave.

[ProGodProGunProLife]

You are talking about people collared most likely in the City of New York for carrying pocket knives. I am not arguing with you about the arrest of people caught carrying a knife. We haven’t seen thousands or hundreds of law abiding civilians arrested for having a Shockwave.

 

Yeah, but very few people make a shockwave a part of their EDC.   I think it is totally feasible that a person whose car is searched during a traffic stop or who has a shockwave in plain sight could get arrested by a cop who is confused by NYS's gun laws and prosecuted by an overzealous anti-Gun DA.