bdgackle
Member
In addition to a second amendment argument, we need to be pushing the eighth amendment as well. It is interesting to examine a list of the crimes that New York State considers LESS serious than simple possession of a few magazines.
Nathan Haddad, for those who haven’t been following, is a veteran with no previous criminal record who was arrested in New York State for having five empty thirty round magazines in the trunk of his car. This “crime” carries a maximum prison sentence of thirty five years (five class D felonies). Forcible rape and child molestation both carry a maximum sentence of twenty five years (class A felony). That is an interesting comparison, no?
A partial list of charges that carry shorter maximum sentences in New York than what Nathan Haddad is facing includes: Manslaughter, Attempted Murder, Rape, Kidnapping, Arson, Incest, Robbery, Burglary, Possession of a Chemical or Biological Weapon, Intimidating a Witness, Grand Larceny, Bribery, Compelling Prostitution, Manufacturing Methamphetamine, Soliciting an Act of Terrorism, Money Laundering, Forgery, and Criminal Conspiracy (Source: http://ypdcrime.com/penal.law/offense_level.htm)
Even if you don’t believe these laws infringe on the second amendment (a point I am not conceding), the punishments stipulated for breaking these laws are clearly violations of the prohibition against cruel and unusual punishment.
Furthermore, is there ANY OTHER issue where an action is a felony in one state, and perfectly legal in the next? Or that is a felony at the state level, but legal at the federal level? It seems like most felonies are crimes that are universally considered very serious -- stealing stuff, hurting people, killing people, etc. Weapons offenses are the only exception I can think of to this. How can the federal government and the rest of the states justify the lifetime stigma of calling someone a “felon” for actions that they would not even consider simple infractions?
If someone is wanted for magazine possession in New York, and they make it across the line into Pennsylvania, how is it right that Pennsylvania would extradite that person back to New York? Maybe it is time for the free states to declare that they will provide asylum for American citizens that are accused of non-crimes by the more repressive regimes.
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Nathan Haddad, for those who haven’t been following, is a veteran with no previous criminal record who was arrested in New York State for having five empty thirty round magazines in the trunk of his car. This “crime” carries a maximum prison sentence of thirty five years (five class D felonies). Forcible rape and child molestation both carry a maximum sentence of twenty five years (class A felony). That is an interesting comparison, no?
A partial list of charges that carry shorter maximum sentences in New York than what Nathan Haddad is facing includes: Manslaughter, Attempted Murder, Rape, Kidnapping, Arson, Incest, Robbery, Burglary, Possession of a Chemical or Biological Weapon, Intimidating a Witness, Grand Larceny, Bribery, Compelling Prostitution, Manufacturing Methamphetamine, Soliciting an Act of Terrorism, Money Laundering, Forgery, and Criminal Conspiracy (Source: http://ypdcrime.com/penal.law/offense_level.htm)
Even if you don’t believe these laws infringe on the second amendment (a point I am not conceding), the punishments stipulated for breaking these laws are clearly violations of the prohibition against cruel and unusual punishment.
Furthermore, is there ANY OTHER issue where an action is a felony in one state, and perfectly legal in the next? Or that is a felony at the state level, but legal at the federal level? It seems like most felonies are crimes that are universally considered very serious -- stealing stuff, hurting people, killing people, etc. Weapons offenses are the only exception I can think of to this. How can the federal government and the rest of the states justify the lifetime stigma of calling someone a “felon” for actions that they would not even consider simple infractions?
If someone is wanted for magazine possession in New York, and they make it across the line into Pennsylvania, how is it right that Pennsylvania would extradite that person back to New York? Maybe it is time for the free states to declare that they will provide asylum for American citizens that are accused of non-crimes by the more repressive regimes.
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