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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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    Comments


    I’m not a lawyer, but it seems to me if Mr. Haddad was active duty and assigned to Fort Drum when he was arrested, as an infantryman, those magazines would be “tools of the trade” more or less.
    Would he have been in violation of NYS law when he was on the military reservation? Ft. Drum is not far from LeRay.
    Prosecutor discretion is sorely lacking here, from the deputy to the DA.


     
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    GrumpyOne | February 20, 2013 at 5:06 pm

    I suppose that we should be aware that the 2nd amendment does not apply in the liberal/progressive/democrat controlled northeast. No matter on how much of a war hero and responsible citizen need apply here… Apparently!

    As an aside, I was reviewing concealed handgun reciprocal states, (with Texas), and noticed that I could indeed carry in PA but there’s no practical way to get there without violating the laws of adjoining states…

    Maybe concealed carry license laws should be standardized much in the same way as applies to driver’s licenses.

    Professor-please keep following this case. They want everyone being overly careful about what the law may be so they will gradually come to regard the 2nd Amendment as too much of a hassle.

    No way. I suspect a whole lot of people are going to come to know the Constitution and why the founders opted for a federal system and a republic and a divided system and ultimate sovereignty in the individual over the next few years than ever thought about it in their adult lives.

    I am so tired with reading blueprints to radically transform the nature of this country using Orwellian terms and buying off states with incentives to adopt. For people who love throwing the word Equity for All around, they clearly do not mean it.

    Haddad was attempting to sell what he believed to be pre-AWB magazines. That is, magazines manufactured prior to 1994 which were grandfathered into the NY AWB. The possession and sale of those magazines was not illegal at the time he was arrested. Since manufacturers don’t date stamp magazines, the burden of proof is on NY to demonstrate he knew they were produced post 1994. That’s a pretty high bar to cross unless the magazines in question were made by a company that didn’t manufacture magazines until after 1994 or a manufacturer that implemented design changes after the AWB sunset.

    I’ve got dozens of 30 round AR magazines. I have no idea when the vast majority of them were manufactured. If you keep them in good working order, there is no expiration date on them.


     
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    Ragspierre | February 20, 2013 at 5:14 pm

    Imagine ruining a good man’s life over 5 empty sheet-metal boxes.

    There should be a special blend of tar for feathers for this kind of little tyrant.


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