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    NY Prosecutors to press case against retired special forces soldier in high capacity magazine case

    NY Prosecutors to press case against retired special forces soldier in high capacity magazine case

    I previously reported on the case brought against retired and injured special forces soldier, Nathan Haddad, Injured special forces soldier arrested in upstate NY for possession of high capacity ammunition magazines

    Nathan is a decorated soldier who has been recognized for his community service in helping other veterans.  (More on Haddad here.)

    Nathan Haddad

    Nathan was charged with 5 felony counts for possession of empty 30-bullet magazines.

    Nathan had a court appearance today.  I have confirmed that prosecutors insist on pursuing criminal charges, offering Nathan the opportunity to plead guilty to 5 Class A Misdemeanors.  The plea would not result in jail time, but would result in Nathan having a criminal record which would cause him to lose his civilian job with the Department of Defense.

    Nathan’s attorney, Seth Buchman, told me that Nathan is not willing to take the plea because of the criminal record, and that their position is that the charges never should have been brought.

    The case is being prosecuted under the old NY gun law, not the new law recently passed, as the arrest took place prior to enactment of the new law.

    Nathan’s brother Michael has started a legal defense fund.

    In related news, the Office of Attorney General in the District of Columbia responded to a FOIA request I served for records regarding the decision not to prosecute David Gregory.

    The OAG is refusing to release the letter sent by Gregory’s counsel which was referenced in the Attorney General’s decision not to prosecute.  That letter apparently set forth the facts showing how Gregory came into possession of a high capacity magazine, as well as the grounds upon which Gregory argued that he received confusing advice from the D.C. Police.  We will be pursuing an administrative appeal and will litigate the issue if need be.

    Updates 2-21-2013:

    Patrick Howley at The Daily Caller, Prosecutors to pursue felony charges against ex-soldier for possessing  high-capacity magazine

    Emily Miller at The Washington Times, A gun tale of two cities


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    Karadion | February 20, 2013 at 4:01 pm

    “We’re for veterans unless they contradict our belief system. So we don’t take the chance and ignore them all anyways.”

    BannedbytheGuardian | February 20, 2013 at 4:01 pm

    So what is the problem ?

    The lesser charge than the trading of such as was previously cited on LI.

    As to the Defence civilian job – are you going to plead special case ? I thought you all wanted fewer bureaucrats.

    Seems more than a fair outcome .

    radiofreeca | February 20, 2013 at 4:09 pm

    Professor, just curious – with all the trouble you’re causing – have you started your Legal Defense Fund? Or one that helps people like Nathan Haddad?

    It’s unbelievable to me that a simple request for a letter that ought to be public record is refused after an FOIA request. Nail ’em to the wall, Professor!

    cnhbradley | February 20, 2013 at 4:39 pm

    Here is the prosecutor:

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