Ak-47 on septa

[Shawnmoore81 623]

The news is amazingly leaving out some parts of this story. The ak-47 was disassembled, the 40 rounder was legal. He has never been convicted of a crime. However I did read earlier they found pot and pills on the guy. The da did say

"I don't care what the NRA says, they can kiss my butt," Williams said. "I don't care. There's no reason for a guy to have a gun like that."

 

 

 

 

http://wap.myfoxphilly.com/w/main/story/69566881/

 

 

DA Calls Out NRA After AK-47 Toting Septa Passenger's Bail Increased

Aug 3, 2012 6:42 p.m.

 

As a detective carried away the high powered AK-47 seized by SEPTA Police from a passenger on a rush hour train this week, DA Seth Williams came out firing.

 

"I don't care what the NRA says, they can kiss my butt," Williams said. "I don't care. There's no reason for a guy to have a gun like that."

 

Williams comments came after a judge hiked the bail for suspect Jermal Ponds from $100,000 to $200,000. He said SEPTA police and a brave citizen who spotted Ponds with an AK-47 assault rifle like this, averted a "real major tragedy" from occurring on the city's subway system.

 

"What is it like G.I. Joe or something. I mean, the whole thing is crazy," added Mayor Michael Nutter.

 

The DA wanted half a million dollars bail, calling Ponds a danger to the community. Ponds was spotted on a rush hour train at the City Hall station by a subway passenger. He was carrying a bag with the AK-47 and another weapon, plus a loaded 40 round magazine. Minutes later SEPTA police arrested Ponds at the Fairmount station.

 

"It's just amazing to think of the mayhem, the destruction, the pain and violence that this defendant could have brought," Williams said.

 

Ponds' attorney Lawrence O'Connor fired back "The district attorney's motion, in our opinion, was simply to further sensationalize this case."

 

Passengers on SEPTA believe the judge was right to increase Ponds bail. Several cited the recent massacre at a Colorado movie complex by a suspect with an AR-15 military style rifle.

 

"What if he would have pulled that gun out and starting shooting at everybody," passenger Marvin Ellis said.

 

"I wouldn't want to see him get out," another added.

 

Ponds lawyer says he was moving the guns from his girlfriends home to a new apartment and had no intention of using them. He said a "lapse in judgement" caused him to get on the SEPTA subway with the weapons.

 

Police says Ponds has three prior arrests, but no convictions. Both weapons were legally registered, but Ponds did not have a permit to carry the handgun. Police say he shouldn't have been carrying the AK-47 in the same bag with the loaded 40 round magazine.

 

Ponds will be back in court Aug. 17th.

[NJDrew1 0]

Man, this crap is happening back-to-back. Stupid crap just adds fuel to the fire.

[Shawnmoore81 623]

The guy is guilty of being stupid. I'm not challenging that. But if the guns were legal who the hell is that da and nutter to say that.

[NJDrew1 0]

I agree. The NRA has nothing to do with this issue -- but it was convenient for them to blow smoke in light of all of the gun issues that are currently "front and center."

[TK421 2]

I feel dumber for having read this. So what exactly is everyone afraid of him doing with a disassembled semi-auto AK with an empty 40 round magazine? The pot, pills and the loaded .38 without a CCW permit is problematic but the AK is what they are crying about, really? What a bunch of idiots.

[acuevo 0]

didn't you know? only EVIL people have AK style weapons... it automatically means they are an oppressive soviet sympathizer looking to start a new socialist world order....

 

guess that'd be me too, since i'm buying an AK style rifle next week

[TK421 2]

didn't you know? only EVIL people have AK style weapons... it automatically means they are an oppressive soviet sympathizer looking to start a new socialist world order....

 

guess that'd be me too, since i'm buying an AK style rifle next week

 

If I own a MAK90 am I then only half evil?

[Shawnmoore81 623]

My guess is the guy will be convicted of carrying a gun without a permit and whatever drug charges he got. Then the news will report "remember that guy who went on the Train with the ak47? Well he was sentenced to 10 years in jail".

[Shawnmoore81 623]

I would also like to see septa's policy on firearms. If that's his only means of transportation he has to move his guns somehow.

[alec.mc 180]

"It's just amazing to think of the mayhem, the destruction, the pain and violence that this defendant could have brought," Williams said.

 

"What if he would have pulled that gun out and starting shooting at everybody," passenger Marvin Ellis said.

 

 

 

Could have ? Sure... But didnt.

They're treating him as if he actually killed people.

 

 

 

...and I COULD have won the lottery today, and COULD of cut the grass... but didnt.

[TanJovi 5]

It's funny that Seth gets all bent out of shape that this guy is on the subway with a firearm. If they could convict the guy of all the other violent and weapons violations he's had in the past he would be locked up and not on a train. This vid shows a little bit more about his past charges http://philadelphia.cbslocal.com/2012/08/01/police-arrest-suspect-carrying-ak-47-on-septa-train/

[Shawnmoore81 623]

Well he should get locked up for the drugs. No argument there. The other arrests without convictions mean nothing to me. Yeah there is a good chance he may have been guilty but unless your found guilt your free. I wonder what would happen if you went on a train with an empty case?

[acuevo 0]

If I own a MAK90 am I then only half evil?

 

if i'm right a mak90 has only one evil feature from the NJ evil feature list... so by jerseys standards your only 1/5 evil. technically then i will be too.

[Clintoon Eastwood 2]

For not thinking to bring an AK (or any firearm) into a train or any public transportation yup, I believe he deserves jail time for EFFING up. Drugs, well he is only messing up himself unless he intended to sell, then that's a different story.

[alec.mc 180]

For not thinking to bring an AK (or any firearm) into a train or any public transportation yup, I believe he deserves jail time for EFFING up. Drugs, well he is only messing up himself unless he intended to sell, then that's a different story.

 

Im not familiar with NYC laws, but where does it say it's illegal to transport firearms via public transportation ?

 

So one can only own firearms and shoot them at the range if they only own a car?

[Clintoon Eastwood 2]

I'm just saying you are asking for trouble for transporting it publicly specially if somebody can identify it right away. Then another strike is NYC come on man, why would you even try to travel in NYC with a firearm knowing they have strict laws as it is.. It's only COMMON SENSE, right?

 

Then a loaded mag? 40 rounds, WTF I am almost 100% sure that NY has a 10 round mag cap limit. So 40 = jail time, as a matter of fact add 10 more for being an idiot.

 

I'm fairly new to this gun world but damn, I have tried so hard to learn to learn the rules and regulations just to keep myself out of situations like this..

[Anselmo 87]

I'm just saying you are asking for trouble for transporting it publicly specially if somebody can identify it right away. Then another strike is NYC come on man, why would you even try to travel in NYC with a firearm knowing they have strict laws as it is.. It's only COMMON SENSE, right?

 

Then a loaded mag? 40 rounds, WTF I am almost 100% sure that NY has a 10 round mag cap limit. So 40 = jail time, as a matter of fact add 10 more for being an idiot.

 

I'm fairly new to this gun world but damn, I have tried so hard to learn to learn the rules and regulations just to keep myself out of situations like this..

 

SEPTA is in PA.

[acuevo 0]

i agree about it being a bad idea having it apparent enough in public transportation. the guy is definately an idiot and is unfortunately speaking for all of us with his actions.

 

on the other hand, however, should he be expected to pay for a cab every time he wanted to shoot? this is a little funny considering PAs gun laws... is philly just an anomoly in spirit? i know its still a blue state and all but..

[Johnny 0]

The people that say there is no reason for a gun like that will most likely be the same people begging for the guy with the AK to protect them if SHTF. Imagine the look on their face when they are told "Kiss my ass".

[Anselmo 87]

The people that say there is no reason for a gun like that will most likely be the same people begging for the guy with the AK to protect them if SHTF. Imagine the look on their face when they are told "Kiss my ass".

 

This is fantasy.

[ExpendableRaj 1]

I find it kind of interesting. I know a lot of cops, and have some family in law enforcement. From my personal experience, the guys I know that work in patrol, even as detectives, are all in favor of people owning guns for self protection.The detective in my town who does permits? The guy is cool as hell. First time I went in there for a handgun permit he asked me what kind of pistol I was going to get. I thought to myself oh great, he's gonna give me trouble. Nope. He just wanted to bs about guns cause he has a huge collection, and was wondering what I was into!

 

But man, these big wig guys? Like the big chiefs, DAs, Prosecutors etc. all I ever hear from these guys is super anti-gun sentiments.

[johnp 45]

So WTF is he being charged with? The story makes no mention of the handgun being loaded, or that he was carrying it on him.(waistband, holster) He had a loaded mag in the same bag as the AK. That's it?

 

So I'm assuming PA law defines loaded gun as having a magazine readily available.

[ChrisJM981 924]

18 Pa.C.S. § 6106: Firearms not to be carried without a license

 

a) Offense defined.--

(1) Except as provided in paragraph (2), any person who carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license under this chapter commits a felony of the third degree.

(2) A person who is otherwise eligible to possess a [FN1] valid license under this chapter but carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license and has not committed any other criminal violation commits a misdemeanor of the first degree.

 

(b) Exceptions.--The provisions of subsection (a) shall not apply to:

(8) Any person while carrying a firearm which is not loaded and is in a secure wrapper from the place of purchase to his home or place of business, or to a place of repair, sale or appraisal or back to his home or place of business, or in moving from one place of abode or business to another or from his home to a vacation or recreational home or dwelling or back, or to recover stolen property under section 6111.1(b)(4) (relating to Pennsylvania State Police), or to a place of instruction intended to teach the safe handling, use or maintenance of firearms or back or to a location to which the person has been directed to relinquish firearms under 23 Pa.C.S. § 6108 (relating to relief) or back upon return of the relinquished firearm or to a licensed dealer's place of business for relinquishment pursuant to 23 Pa.C.S § 6108.2 (relating to relinquishment for consignment sale, lawful transfer or safekeeping) or back upon return of the relinquished firearm or to a location for safekeeping pursuant to 23 Pa.C.S. § 6108.3 (relating to relinquishment to third party for safekeeping) or back upon return of the relinquished firearm.

 

If he's eligible for a LTCF then he's committed a misdemeanor. The AK47 is considered loaded if the magazine was in the same compartment as the firearm. Here's where it gets interesting.

 

 

18 Pa.C.S. § 6102: Definitions

 

Subject to additional definitions contained in subsequent provisions of this subchapter which are applicable to specific provisions of this subchapter, the following words and phrases, when used in this subchapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

"Firearm." Any pistol or revolver with a barrel length less than 15 inches, any shotgun with a barrel length less than 18 inches or any rifle with a barrel length less than 16 inches, or any pistol, revolver, rifle or shotgun with an overall length of less than 26 inches. The barrel length of a firearm shall be determined by measuring from the muzzle of the barrel to the face of the closed action, bolt or cylinder, whichever is applicable.

 

"Loaded." A firearm is loaded if the firing chamber, the nondetachable magazine or in the case of a revolver, any of the chambers of the cylinder contain ammunition capable of being fired. In the case of a firearm which utilizes a detachable magazine, the term shall mean a magazine suitable for use in said firearm which magazine contains such ammunition and has been inserted in the firearm or is in the same container or, where the container has multiple compartments, the same compartment thereof as the firearm.

 

His AK47 isn't a "firearm" based on their criteria and is not subject to the above limitations. This **should** be dismissed. He **should** be charged with a first degree misdemeanor for the loaded pistol. Unfortunately this is in Philadelphia, which is more an extension of NJ and subject to out ludicrous laws as opposed to being part of Pennsylvania.

[ChrisJM981 924]

I find it kind of interesting. I know a lot of cops, and have some family in law enforcement. From my personal experience, the guys I know that work in patrol, even as detectives, are all in favor of people owning guns for self protection.The detective in my town who does permits? The guy is cool as hell. First time I went in there for a handgun permit he asked me what kind of pistol I was going to get. I thought to myself oh great, he's gonna give me trouble. Nope. He just wanted to bs about guns cause he has a huge collection, and was wondering what I was into!

 

But man, these big wig guys? Like the big chiefs, DAs, Prosecutors etc. all I ever hear from these guys is super anti-gun sentiments.

 

Rank and file are more down to earth and more in touch with reality. DAs and prosecutors are lawyers. They associate firearms to violence because the politicians that appoint them tell them to. They're only concerned about saying what their constituents (the uninformed non-firearm owners) want to hear so they can get enough votes to stay in power.

[TK421 2]

"The Philadelphia Inquirer reported that police said they found a.38-caliber revolver with six rounds in its chamber; an AK-47 with a 40-round clip. The paper also reported that police found a 12-inch hunting knife; 30 pills of Percocet; more than an ounce of marijuana and over $700 in cash, a SEPTA spokeswoman said."

 

Various reports say the AK was partially disassembled but I have not seen one report that says the 40 round magazine was loaded. Not that the magazine or the ammunition would even be illegal in PA.

[johnp 45]

"The Philadelphia Inquirer reported that police said they found a.38-caliber revolver with six rounds in its chamber; an AK-47 with a 40-round clip. The paper also reported that police found a 12-inch hunting knife; 30 pills of Percocet; more than an ounce of marijuana and over $700 in cash, a SEPTA spokeswoman said."

 

Honestly, if I was moving from apartment to apartment, the only one of those things that I don't have is the weed. I will certainly take all of my self defense tools, my pain pills, and my cash.

[Shawnmoore81 623]

If they arrested him for the ak-47 and then found everything else on him would it stand in court?

[Shawnmoore81 623]

I run the 2nd amendment area on another forum and one of the guys asked posted this.

 

 

From the PAFOA website:

 

I've heard the question a few times here, "Can you carry on SEPTA" I've heard a few answers, most say yes.

 

I thought I'd take it one step farther and ask SEPTA.

 

My question:

 

Quote:

 

SEPTA's answer:

 

Quote:

 

Thank you for contacting us. Management from the Transit Police Department reports that the law allows valid permit holders to carry firearms on our system, though they would prefer that they not do so. There is no policy that they are aware of, just the law.

 

Sincerely,

 

Barry Berky SEPTA Customer Service

There ya have it, another law enforcement agency that knows it's legal, but would prefer you didn't carry at all.

 

Bill

[mipafox 438]

I wonder how many comments from SEPTA riders the "reporters" declined before they got the two that reflected their own sensational attitudes. I bet Williams and Nutter would be thrilled to learn that I know a guy that routinely carries a full-auto M16 on their trains. And, no, it's not me.

 

Was the handgun actually loaded? Or are they just suggesting that was an illegal act?

 

By the way, you need a license to carry a RIFLE in Philly, not just a handgun. However, it sounds like the guy was moving so not sure how that shakes out under the law.

 

Also, having a loaded mag in the same container as a long arm is a summary offense in PA, not a criminal offense.

 

Based on the shitty reporting and stupid comments from Philly's top scumbags, this case could result in anything from a $50 ticket to jailtime.

[Dan 177]

Seems like he broke some laws by not having a CCW license around the HG. Otherwise, everything else is just full on stupidity. Discretion is the unwritten rule. Just like you don't go on a subway wearing a a machete with a chainsaw strapped to your back while you are on your way to help a friend clear out their backyard. Your gonna have a bad time.