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illy

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Posts posted by illy


  1. You said he got "third degree probation". Did you mean probation for a third degree offense?

    Because if so, he's a convicted felon and his gun owning days are over.

     

    Even if he's on probation for an disorderly persons offense (or even PTI), he doesn't lose his 2A rights, but he he can't have guns at home while serving the probationary term.


  2. I just have to post about my experience when I filed in Edison for my fid and pistol permits. She noticed an error on my paper work and called me to correct it so it wasn't denied. Permits were done right around 30 days. Recently I extended 2 of the permits, that took a few days, then she called me to pick them up. The 2 police offices that stated the longer wait have nothing to do with filing for the permit. So I would say that is one of the good stations.

    I go through Edison as well.

     

    My permits usually take 4-5 months, but that's because Passaic Co (where I used to live) is stupid slow in providing records.

     

    Otherwise, it's as painless as can be expected in this ridiculous state.

     

    I usually get both an email and phone call when my permission slips are ready. The lady who handles permits (the one in the video) is always courteous and helpful. She doesn't come off as anti-gun, either.


  3. http://www.thetruthaboutguns.com/2015/08/robert-farago/taurus-recalls-nearly-1m-pistols-pt-111-millennium-pt-132-millennium-pt-138-millennium-pt-140-millennium-pt-145-millennium-pt-745-millennium-pt-609-pt-640-and-pt-247/

     

    “Firearms manufacturer Taurus has agreed to a voluntary recall of nearly 1 million pistols as part of the settlement of a lawsuit that alleges nine handgun models had defects, including one that caused some to inadvertently fire when dropped,” al.com reports. “The settlement affects customers who bought the following models sold between 1997 and 2013 in the U.S., Puerto Rico, U.S. Virgin Islands and Guam: PT-111 Millennium; PT-132 Millennium; PT-138-Millennium; PT-140 Millennium; PT-145 Millennium; PT-745 Millennium; PT-609; PT-640; and PT-24/7. In a statement released Friday night, Taurus denied that there are any design defects in the models . . .

    “The Taurus Companies stand by the Class Pistols and vigorously deny all allegations of wrongdoing and liability,” a notice that will be sent to customers states.

    Yes, well the models are not drop-safe (a Taurus executive testified in an earlier case that the models had not been tested for drop-safe performance prior to their release to the general public). On Thursday, a Miami federal judge approved the settlement, subject to a final judgement in January of next year. Under the terms of preliminary agreement Taurus must . . .

    – Provide an enhanced warranty to allow any owner – even if it isn’t the original owner and for the life of the pistol – to submit the handgun for inspection and repair, if possible. If the defects can’t be repaired Taurus will offer to replace the pistol with a similar new one. Normal inspection and shipping fees and labor costs will be waived.

    – Produce on-line safety training videos for those customers who bought the pistols to show them how to handle and carry the pistols to avoid dropping them and how to ship them for warranty repairs.

    – Allow customers who bought the pistols to send their pistols back for cash payments. The payments will vary up to $200, depending on how many pistols are returned.

    The variation is due to the cap agreed by both sides of the lawsuit. It limits Taurus’ customer liability to $30m, not including an estimated $9m payment to the lawyers who brought the suit.

    Customers who bought the models listed above are advised: Taurus customer service is already a bit, uh, challenging. With the possibility of tens of thousands of guns heading back to the company, we doubt the situation will get any better in the days and months to come. You have been warned.


  4. As a layman I'm not going to instruct people on this very perilous subject of common law, case law, and (in PA at least) statute. But I suggest you study it in detail and consider it a last resort. I suggest you start with "fleeing felon" and end with 'only if I'm willing to go to jail for it'.

    Sometimes, even James Yeager gives good advice (summary- if they're fleeing, let them)


  5. I always field strip every new gun and give it the once over.

     

    Except my MK III, because of the stories of how difficult they are to put back together.

     

    First time at the range: FTEs and FTFs* all day. At least 1 or 2 per mag, with three different types of ammo.

     

    After getting it home and doing my normal routine, no issues.

     

    #YMMV

     

    *feed, not fire.


  6. This is what I wrote right after the decision came out (no pun intended):

     

     

    Kennedy additionally addressed the possibility of preserving the system by which marriages recognized in one state are denied in another, saying that "[l]eaving the current state of affairs in place would maintain and promote instability and uncertainty."

     

    And President Obama:

    This decision will end the patchwork system we currently have. It will end the uncertainty hundreds of thousands of same-sex couples face from not knowing whether they’re marriage, legitimate in the eyes of one state, will remain if they decide to move or even visit another.

     

    So I guess I can start carrying.

     

    Because being legally allowed to exercise a fundamental, foundational, enumerated, constitutional right in 30+ states, but not my own home state, definitely creates instability and uncertainty.

    And worse, it creates the very real prospect of incarceration and permanent loss of that right if I happen to visit the wrong state. Even by mistake.

     

    Apparently all rights are equal, but some are more equal than others...


  7. I will admit I've seen my share of loose 1911s over the 25 years they were in use during my association with the Army most were serviceable and some were really nice. Most 1911s were rebuilt during WWII. I remember my National Guard unit getting some arsenal rebuilds in the 80s as replacements for junky guns. These were still in the wrap from the rebuild in the 40s. Surprised there were still some around after the thousands left in Vietnam and other places around the world. These would be collector guns costing at least a couple of thousand dollars. A couple of thousand dollars buys a pretty nice commercial 1911 for shooting.


  8. Effin GLOCK.

     

    http://www.thetruthaboutguns.com/2015/04/robert-farago/glock-demanding-customer-info-from-gun-dealers/

     

    Trop Gun Shop regrets to inform our customers that we will no longer be participating in the Glock Blue Label program. Effective immediately, Glock terminated us from the program for refusing to furnish access to our customers’ private information for the purposes of auditing by Glock employees. While it is regrettable that we will no longer be able to offer the benefits of the Blue Label program here at Trop, we absolutely refuse to compromise the sensitive information of our customers by furnishing it to anyone without proper authority through standard legal practices.

     

    To participate in the Glock Blue Label program a dealer must allow Glock access to audit “qualifying credentials” of its Blue Label customers. Typically these credentials are a form of identification verifying the individual is a member of one of the groups listed in the Blue Label program.

     

    Recently a representative of Glock entered our establishment and demanded access to view our records related to all Blue Label sales, specifically our ATF Form 4473s, which contain very detailed, personal and identifying information of our customers. We refused the Glock representative access to this information.

     

    During repeated correspondence Glock continued to demand access to the 4473s or we would be terminated from the Blue Label program. We attempted to reconcile the situation while maintaining our customers’ privacy and made every effort to comply with reasonable requests to audit the Blue Label sales to maintain the integrity of the program. However, Glock insisted that access to the 4473s and only access to the 4473s would be a sufficient level of compliance.

     

    Our position was, and continues to be, that we will not surrender to Glock our Form 4473s and our customers’ identifying information under any circumstance. It is an untenable breach of our customers’ privacy and Trop Gun Shop will not submit to this unreasonable demand. As a result of our position, Glock immediately terminated our status as an authorized participant of the Blue Label program. Furthermore, Glock advised us that if we ever applied in the future, that request would be denied. While we are displeased that we can no longer support our qualifying customers through the Blue Label program, Trop Gun Shop remains committed to the security and privacy of all of our customers, and continues to offer its Law Enforcement / Military discount to those who qualify.

     

    Regards,

    Trop Gun Shop


  9. Wilson Combat called today and shipped the gun out for Thursday delivery. I think I should take the day off and go to the range and try but I'm not sure how that'll go over. Looks like Saturday for sure.

     

    I'm hoping it's as good as I've read about.

    Congrats. I've heard only good things about that gun.


  10. Your reading of this decision is only partially correct. The Supreme Court was further satisfied that "[t]his provision does not relieve the State of its burden of proof, but merely shifts to the defendant the burden of going forward on the issue of `lawful purpose.'" Ibid. The burden of proof never shifts it always remains with the State. It is only the burden of coming forward with evidence of a lawful purpose for the specified category of suspect weapons that is imposed on the defendant, a jury may accept or reject that with the ultimate burden on the State

    Good to know.

     

    It's amazing how wrong we can be and how we self-police on these issues, creating an even more restrictive environment than the state already imposed on us.


  11. I always thought that possessing any knife shifted the burden of proof to the defendant (i.e. explainable lawful purpose).

    As it turns out that's only for the "bad knives" listed in 2C:39-3(e)- switchblades, gravity knives, dirks, etc.

     

    Possession of any other knives is perfectly legal, unless they are possessed "under circumstances not manifestly appropriate for such lawful uses as it may have". The key difference, per the appellate court case below, is that the assumption is that the knife WAS possessed for lawful use unless the State can prove that it wasn't.

     

    P.S. IANAL

     

    http://law.justia.com/cases/new-jersey/appellate-division-published/1987/221-n-j-super-66-0.html

     

    Following a bench trial, defendant Robert Blaine was convicted of the fourth degree offense of possession of a weapon under circumstances not manifestly appropriate for lawful use, N.J.S.A. 2C:39-5(d). He contends on appeal that the trial judge erred in denying his motion for acquittal at the close of the State's case. We agree and accordingly reverse.

     

    The State's sole witness was East Orange police officer Hammond. Officer Hammond, whose transcribed testimony, both direct and cross, consumes less than four transcript pages, testified that at 5:30 p.m. on January 29, 1985, he was called to assist another officer who was making an arrest of defendant on a street in East Orange pursuant to an outstanding warrant. During the course of the arrest, the officers patted down defendant and found in a pocket a closed folding knife which had a blade approximately four inches long and approximately one inch wide and a black handle with a picture of a dragon on one side. The knife was introduced into evidence. The State *68 then rested, and defendant, relying on State v. Lee, 96 N.J. 156 (1984), moved for a judgment of acquittal pursuant to R. 3:18-1. We conclude that the trial judge erred in denying this motion.[1]

     

    In our view the trial judge erroneously relied on the standards of culpability expressed by N.J.S.A. 2C:39-3(e) instead of those prescribed by N.J.S.A. 2C:39-5(d), the statutory provision under which defendant was charged. As the Supreme Court made clear in State v. Lee, supra, N.J.S.A. 2C:39-3, -4, and -5 constitute an integrated scheme of graduated possessory offenses. N.J.S.A. 2C:39-3 defines various categories of prohibited weapons and devices whose bare possession constitutes a crime of the third or fourth degree. Five of these categories, namely destructive devices, sawed-off shotguns, silencers, defaced firearms, and dum-dum bullets (subsections a, b, c, d, and f, respectively), define weapons and devices the possession of which is per se criminal. Subsection e defines what may be termed a modified or qualified fourth degree per se possessory crime. That subsection provides in full as follows:

     

    Any person who knowingly has in his possession any gravity knife, switchblade knife, dagger, dirk, stiletto, billy, blackjack, metal knuckle, sandclub, slingshot, cestus or similar leather band studded with metal filings or razor blades imbedded in wood, without any explainable lawful purpose, is guilty of a crime of the fourth degree.

    As the Supreme Court noted in State v. Lee, supra, 96 N.J. at 160, possession of an object encompassed by N.J.S.A. 2C:39-3(e) is an offense "unless the defendant can come forward with an *69 explainable lawful purpose for possession of the weapon." The Supreme Court was further satisfied that "[t]his provision does not relieve the State of its burden of proof, but merely shifts to the defendant the burden of going forward on the issue of `lawful purpose.'" Ibid. We are thus persuaded that if the implement which had been found in defendant's pocket had not been a folding knife but rather a gravity knife, switchblade knife, dagger, dirk or stiletto, the State's proofs would have been adequate to withstand a motion for acquittal had defendant been charged with the violation of N.J.S.A. 2C:39-3(e).

     

    We believe, however, that the Legislature did not intend this shift of the burden of going forward in respect of implements which are not either within a per se or qualified per se category or specifically listed by N.J.S.A. 2C:39-1®[2] but whose character as a weapon is, rather, contextually defined. Such weapons are addressed by N.J.S.A. 2C:39-5(d), under which defendant was here charged, which provides as follows:

     

    Any person who knowingly has in his possession any other weapon under circumstances not manifestly appropriate for such lawful uses as it may have is guilty of a crime of the fourth degree.

    The legislative intent in respect of that section is, according to State v. Lee, to address

     

    the situation in which someone who has not yet formed an intent to use an object as a weapon possesses it under circumstances in which it is likely to be so used. The obvious intent of the Legislature was to address a serious societal problem, the threat of harm to others from the possession of objects that can be *70 used as weapons under circumstances not manifestly appropriate for such lawful uses as those objects may have. Some objects that may be used as weapons also have more innocent purposes. For example, a machete can be a lethal weapon or a useful device for deep sea fishing. [96 N.J. at 161]

    Thus, in the case of a charge under N.J.S.A. 2C:39-5(d), the State must prove not only the fact of possession of an implement which could be used as a weapon but circumstantial culpability as well.

     

    As we therefore understand the rationale of Lee, where the implement is of an equivocal character, susceptible to both lawful and unlawful uses, its status as a weapon whose possession is capable of subjecting its possessor to criminal liability is entirely dependent on the circumstances attending the possession. See, e.g., State v. Jones, 198 N.J. Super. 553, 569 (App. Div. 1985), so construing N.J.S.A. 2C:39-7. Thus, a pair of scissors taped in such a way as to form a homemade stiletto will justify a conviction under N.J.S.A. 2C:39-5(d) when it is found on the person of an intruder into a home. State v. Lee, supra. And an Exacto knife having an eight-inch handle and a one-inch razor-like blade, a tool which has obvious lawful uses, loses its innocent character when strapped to a person's ankle inside his sock. See State v. Wright, 96 N.J. 170 (1984), app. dism. 469 U.S. 1146, 105 S.Ct. 890, 83 L.Ed.2d 906 (1985).

     

    The question which is directly before us is whether a knife of the nature here involved is by itself of such a character as to permit a conviction in the absence of any incriminating factor other than its presence in one's pocket as he is walking down the street. We conclude that it is not. Obviously, a folding knife with a four-inch blade can be used lethally and is capable of inflicting serious injury. See N.J.S.A. 2C:39-1®. But it also has a myriad of perfectly proper uses, including purposes which are "precautionary, sporting or otherwise benign." See State v. Harmon, 104 N.J. 189, 200 (1986). It is not, as in the case of weapons defined by N.J.S.A. 2C:39-3(e), presumptively possessed for purposes which are not lawful and it is, in fact, an implement which is commonly and regularly *71 sold throughout the state as a matter of ordinary commerce. We are constrained, therefore, to conclude that this knife was not of a character whose bare possession, in the absence of a single additional incriminating circumstance, can sustain a conviction of crime. See State v. Green, 62 N.J. 547 (1973).

     

    The conviction appealed from is reversed.


  12. Not a felony, but just as ridiculous:

     

    http://www.nbcphiladelphia.com/news/local/Cops-Charge-7-Year-Old-for-Bringing-Toy-Gun-to-Class-115125844.html

     

    The "gun" the child brought to school was a $5 toy gun, similar to a Nerf gun, that shoots soft ping pong type balls, according to the school's superintendent.

    Officials also say that there was no evidence of anyone being threatened.

     

    Police charged the 7-year-old with possessing an imitation firearm in or on an education institution – a misdemeanor and a minor juvenile offense in New Jersey.


  13. http://www.nj.com/camden/index.ssf/2014/08/gloucester_township_police_arrest_man_with_bb_gun_loaded_clip.html

     

    Once there, the officers saw Hernandez allegedly holding an item in his hands. He was immediately ordered to drop the object, show his hands and get on the ground, which he did.

     

    The object that Hernandez dropped was found to be an ammunition clip for

    an airsoft handgun that was filled with metal BBs and soft pellets, police said.

     

    The airsoft handgun was located near Hernandez and found to have the red tip of the gun colored black to match the rest of the handgun. Hernandez said he was "behind the store looking for items to shoot," according to authorities.

     

    He was eventually transported to police headquarters, where he was processed and charged with possession of a weapon and possession of a weapon for an unlawful purpose. He was remanded to the Camden County Correctional Facility on default of bail.


  14. http://www.nj.com/warrenreporter/index.ssf/2012/04/hackettstown_police_charge_men.html

    Police went to the area on a report of a group of men arguing over drugs. There they saw several men standing around a vehicle, one of whom said that he was on the phone arguing over a gas can, police said.

     

    Police were given permission to search the vehicle, driven by Tyler Haggerty, 18, of Columbia, police said. They asked if there was anything illegal in the vehicle and Haggerty told police that there was a double-edged knife and a BB handgun inside, police said. Haggerty didn’t have a firearms identification card, police said.

     

     

    Haggerty was charged with unlawful possession of a handgun, possession of certain prohibited weapons and unlawful possession of a weapon. He did not post the $2,000 bail and was lodged in the Warren County Correctional Facility.

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