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Did the officer advise Miranda? Sounds like thousands of new applicants are about to get arrested with an 18 hour requirement in order to apply for a pistol license.
SCPD Pistol Bureau Lawsuit
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Truth. SCPD is aware of the statute and has claimed that they find it confusing and will “let the courts sort it out.” I know applicants who were personally threatened with arrest/denial. I even gave one a copy of the statute to show to someone at the licensing office just to see the reaction and they said something like “there is another law somewhere else that makes it illegal, so the state needs to clarify that, we are confused and will be enforcing the more-strict interpretation.” It’s also referenced in some of the correspondence to gun stores in the lawsuit this thread is about.
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“there is another law somewhere else that makes it illegal, so the state needs to clarify that, we are confused and will be enforcing the more-strict interpretation.”
That is about the most ridiculous and amazingly ignorant thing they or anyone else could have said, about conflicting statutes. It begs for a law suit, which they can't win. The courts always lean toward the less restrictive interpretation, when and if there are conflicting statutes and SCPD should be fully aware of that. In this case, there are no conflicts, to my knowledge. The new section 3a is crystal clear, on that training point. Any decent plaintiff's attorney could build a career out of SCPD or anyone else trying to make that the operational standard.
Gary
That is about the most ridiculous and amazingly ignorant thing they or anyone else could have said, about conflicting statutes. It begs for a law suit, which they can't win. The courts always lean toward the less restrictive interpretation, when and if there are conflicting statutes and SCPD should be fully aware of that. In this case, there are no conflicts, to my knowledge. The new section 3a is crystal clear, on that training point. Any decent plaintiff's attorney could build a career out of SCPD or anyone else trying to make that the operational standard.
Gary
There is nothing confusing about it. The legislature during the drafting and passing of the CCIA specifically added an exemption to the law in order to allow individuals without a pistol license to be able to train and shoot a pistol under the supervision of a duly licensed instructor. In fact the exemption applies to any training under the supervision of a duly licensed instructor and does not have to be related to the 16+2 CCW required course.
I agree that it is not easy reading but if you spend the time it is incredibly clear and it is also clear that the above was the legislature’s intent otherwise they would have not added the section under the EXEMPTIONS section.
I agree that it is not easy reading but if you spend the time it is incredibly clear and it is also clear that the above was the legislature’s intent otherwise they would have not added the section under the EXEMPTIONS section.
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It’s not confusing at all, they just want to threaten people. Heck, years ago they told me I was going to jail if I took my gun to PA when I had a PA LTCF. They said “OMG not even cops can do that.” It’s all disinformation to suit their political ends. What some guy says at the pistol counter doesn’t matter as long as qualified immunity is in place and the higher up is giving them clear orders based on the statutes - what does some cop know except what they are told?
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274 Posts
A truckload of Viagra, was hijacked… and now the police are searching for these hardened criminals.
In the meantime, all of the toilet seats were stolen from the ladies restroom. The good news is that there was a hole in the wall, and the cops are looking into it…. But they still have nothing to go on….
I’ll be here, all week….
try the veal…
In the meantime, all of the toilet seats were stolen from the ladies restroom. The good news is that there was a hole in the wall, and the cops are looking into it…. But they still have nothing to go on….
I’ll be here, all week….
try the veal…
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274 Posts
That’s a trashy, rhetoric channel. Never any actual info, just rah rah rah. That kind of thing never helps, just confuses.
unfortunately , I watched it. No actual info, or facts…. Just same old BS
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I think I'll watch this on "Mute."
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We keep hearing that "someone says someone was arrested, for following section 3a" but I've yet to have any confirmation, in the form of a person's name, to verify that. Also, I really don't think that SCPD has senior staff that stupid, to authorize such a thing, knowing that it violates a specific NYS Penal Code exemption and will subject them, personally and organizationally, to monetary damage awards under 42 USC §1983.
For those not familiar with that statute, it reads as follows:
42 u.s.c. §1983
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.
Gary
For those not familiar with that statute, it reads as follows:
42 u.s.c. §1983
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.
Gary
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I got it from law enforcement leadership, but seemed dubious
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Yes but is it fact or just another "better get in line, with our way of thinking or else..." threat, to get the masses doing what SCPD wants, rather than what the law stipulates? My suspicion level is high, on this one.
Gary
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This might be the answer, to all of our questions, about who got arrested. The state police says "no one."
NY State Police: Zero arrests for violations of new carry law
It’s been five months since New York’s ironically named Concealed Carry Improvement Act took effect, and according to the New York State Police they have received not a single complaint no...bearingarms.com
Gary
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What case? We were considering/evaluating the validity of what a SCPD official claimed was an arrest, for violating CCIA's restricted and sensitive places list. State police claim no such arrests, per notphilivey's posted hot link, above.
Gary
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