Long Island Shooters Forum banner
1 - 20 of 32 Posts

· Premium Member
Joined
·
2,569 Posts
like i have been saying the sensitive place thing is all a show. No DA or cop is going to arrest u for saving the day maybe in manhattan but i don't do in that sewer lol
I would not want to bet my freedom on that. When a DA or. Prosecutor can get their name in the paper for putting away one of those evil, gun owning, law abiding domestic terrorists for protecting their family, the headline whores among them will do it in a heartbeat.
 

· Registered
Joined
·
280 Posts
I would not want to bet my freedom on that. When a DA or. Prosecutor can get their name in the paper for putting away one of those evil, gun owning, law abiding domestic terrorists for protecting their family, the headline whores among them will do it in a heartbeat.
i would not scared of an unconstitutional law. They know they would looks soo stupid its no question. If anything u would get charged with a bullshit misdemeanor no ones handing out felons for legal gun owners with proper paperwork
 

· Registered
Joined
·
236 Posts
No mention at all of charging the hero with carrying in a sensitive place.
Nice feel good story but the epilogue is what interests me most. Will the hero be charged with a felony (assuming he was not a cop) because he possessed a firearm in a private business without the owners consent? If not, why not. Or has AppleBees expressly invited law abiding gun owners into their thousands of restaurants? Doubtful. What is Apple Bees position? This is a perfect test case to challenge this ridiculous restriction.
 

· Registered
Joined
·
236 Posts
Sometimes you have to be a Guinea pig to change the law. No one wants to see this hero getting jammed up with legal troubles but he may end up a go fund me millionaire if he plays his cards right. How about a press conference with his lawyer?
 

· Registered
Joined
·
12,456 Posts
Sometimes you have to be a Guinea pig to change the law. No one wants to see this hero getting jammed up with legal troubles but he may end up a go fund me millionaire if he plays his cards right. How about a press conference with his lawyer?
This governor could be pushing the DA to have him charged for a Felony. I am sure this incident will gain more traction. Fox News could get millions of views from this story.
It’s definitely a Sensitive Location.
 

· Administrator
Joined
·
299 Posts
Discussion Starter · #15 ·
It describes him in this press release as a citizen.:

New Hartford Police Department
Press Release

Utica man Arrested after Assaulting Applebee’s Staff

On Saturday January 14th 2023 at about 6:42 pm, New Hartford Police Officers responded to Applebee’s located on Commercial Dr for multiple reports of a fight involving a knife and a handgun. Once on scene officers learned that a male, identified as 28 year old Esteban F. Padron, entered the restaurant after being asked to leave on a previous date due to acting disorderly. Applebee’s staff recognized Padron from the previous incident and immediately asked him to leave. While escorting Padron out he began attacking an Applebee’s staff member. Padron was able to run back behind the bar, ultimately grabbing a steak knife, and continued fighting with multiple staff members. While staff was attempting to gain control of the situation, one staff member suffered a laceration to his face from Padron swinging the knife at him. A second Applebee’s staff member involved also sustained a non life threatening injury.

A citizen dining within Applebee’s who was in possession of a handgun for which he has a license for, watched the incident unfold. This citizen observed that Padron was in possession of the knife and attempting to harm multiple people with it. This citizen intervened by drawing his handgun and giving Padron commands to stay on the ground and let go of the knife. Padron discarded the knife and stayed on the ground until New Hartford Police Officer’s arrived on scene and took Padron into custody.

At this time Padron was charged with one count of Attempted Assault 2nd, which is a Felony, two counts of Assault 3rd, and one count of Criminal Possession of a Weapon 4th both misdemeanors. Padron was processed on these charges and then transported to St. Luke’s Hospital under the NYS Mental Health Law for a mental health evaluation due to information developed while investigating this incident. This investigation is continuing, police will attempt to identify others who may have witnessed this incident and additional charges may be filed.
 

· Premium Member
Joined
·
813 Posts
I would not bet my future on this article for several reasons:
-All it takes is one police officer or one prosecutor in a specific jurisdiction to authorize an arrest.
-For example a PO may arrest you and later the case be dismissed by a prosecutor. You will be stuck with a felony arrest that was later dismissed.
-The police officer may decide to not arrest at the scene, however, days or weeks later the DA can order an arrest ( DAs are elected officials and subject to political pressure) The arrest charge will be an E Felony- likely to be be plead down but you will now have a charge on your record even if you plea to a misdemeanor.
- What we know about the current above case is that no arrest has been made as of today, however, I am sure the local DA and Police Chief are currently discussing.
-Even if Applebees allows CCW- if it serves alcohol it is still a violation of the CCIA

Don’t get me wrong I am glad that no arrest has been made and I hope that this undermines the CCIA and helps lawmakers understand that lawful carry is not the problem.

For individuals who have professional licenses, security clearances or work in a bonded industry this could be a career ender until is is sorted out.

Whomever is the first test case will have a long and expensive road ahead in order to get the conviction reversed.
 

· Registered
Joined
·
280 Posts
if he isn't charged maybe thats for shadowing that the second circuit will eventually drop the restrictions on "sensitive " areas maybe they know if they charged him i wouldn't stick. Just a though
 

· Premium Member
Joined
·
813 Posts
I would like to agree with you but NY has shown an unwillingness to play by the rules when it comes to lawful gun owners by constantly coming up with new roadblocks that do not do anything to reduce crime or enhance safety and certainly ignore constitutional law.

The CCIA also creates dangerous conditions such as the danger of clearing your weapon in the car before putting it in a safe in your trunk- danger of a negligent discharge and of someone calling 911 as you are trying to follow the law. The CCIA carved out the ability to store the gun in your car as a way to allow people an “option” to avoid entering a “sensitive location”. Also Nassau specifically forbids leaving any weapon in a car (which contradicts the CCIA).

It is a maze of laws that will undoubtedly result in lawful owners being arrested. The folks on this forum are pretty well informed but imagine the number of individuals who are unknowingly violating sections of the CCIA.
 

· Registered
Joined
·
12,456 Posts
I would not bet my future on this article for several reasons:
-All it takes is one police officer or one prosecutor in a specific jurisdiction to authorize an arrest.
-For example a PO may arrest you and later the case be dismissed by a prosecutor. You will be stuck with a felony arrest that was later dismissed.
-The police officer may decide to not arrest at the scene, however, days or weeks later the DA can order an arrest ( DAs are elected officials and subject to political pressure) The arrest charge will be an E Felony- likely to be be plead down but you will now have a charge on your record even if you plea to a misdemeanor.
- What we know about the current above case is that no arrest has been made as of today, however, I am sure the local DA and Police Chief are currently discussing.
-Even if Applebees allows CCW- if it serves alcohol it is still a violation of the CCIA

Don’t get me wrong I am glad that no arrest has been made and I hope that this undermines the CCIA and helps lawmakers understand that lawful carry is not the problem.

For individuals who have professional licenses, security clearances or work in a bonded industry this could be a career ender until is is sorted out.

Whomever is the first test case will have a long and expensive road ahead in order to get the conviction reversed.
The sad fact our Governor had an A rating at one time from the NRA!
 
1 - 20 of 32 Posts
Top