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  #1  
Old 08-26-2014, 02:18 PM
citiot citiot is offline
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New York anti gun activist sentenced

http://www.wkbw.com/news/Anti-Violen...271818161.html

"...It's sentencing day for the leader of an anti-violence group in Buffalo who admitted to taking a gun into an elementary school..."

He plead to a misdemeanor instead of the felony(ies) he was charged.

Does anyone know if he can keep his NY carry permit since it is not a felony?

We all know that this would be swept under the rug (I only see a couple of media postings on this).

Citiot

Last edited by citiot; 08-26-2014 at 02:41 PM. Reason: fixed incorrect word pointed out by Ordnance
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  #2  
Old 08-26-2014, 02:29 PM
Ordnance Ordnance is offline
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Quote:
Originally Posted by citiot View Post
http://www.wkbw.com/news/Anti-Violen...271818161.html

"...It's sentencing day for the leader of an anti-violence group in Buffalo who admitted to taking a gun into an elementary school..."

He plead to a misdemeanor instead of the felony(ies) he was charged.

Does anyone know if he can keep his NY carry permit since it is not a misdemeanor?

We all know that this would be swept under the rug (I only see a couple of media postings on this).

Citiot
I think you meant to say "since it is not a felony?"

I do not know, but just from reading the law, it really isn't clear to me if they could or couldn't. What's more clear is the possibility of would or wouldn't. But with certain counties having different guidelines, and the state law itself allowing a lot of room for "discretion," well... I wouldn't want to find out personally.
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Old 08-26-2014, 02:54 PM
The Earl o Sammich The Earl o Sammich is offline
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He's already getting off easy.

Here's a good read on the legalities. ====>http://arbalestquarrel.com/update-dw...activist-case/

His only excuse to plead down is he didn't know he had the gun on him....


HMMmmmm....
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  #4  
Old 08-26-2014, 04:01 PM
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Where did it say he was an anti-gun activist? I only see anti-violence activist.
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Old 08-26-2014, 04:18 PM
citiot citiot is offline
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Originally Posted by dsk View Post
Where did it say he was an anti-gun activist? I only see anti-violence activist.
You are correct. It doesn't say anti gun.

I was following the story about this fellow back when it first started (beginning of the year) and there were many references to him as being an anti gun activist and gun control activist (those terms must have stuck in my sub-conscious).

Citiot
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  #6  
Old 08-26-2014, 05:14 PM
The Earl o Sammich The Earl o Sammich is offline
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News 4 interviewed Ferguson in March of 2013 at a rally in support of the NY SAFE Act. At the time, Ferguson stated the law did not go far enough.
http://wivb.com/2014/02/07/reports-o...entary-school/
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Old 08-26-2014, 06:05 PM
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Police say he did not have any "ill intent" and has a license to carry a gun.
Well, same thing for Shaneen Allen of PA - she has a concealed carry license and had no ill-intent when she went to NJ.
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Old 08-26-2014, 06:43 PM
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News 4 interviewed Ferguson in March of 2013 at a rally in support of the NY SAFE Act. At the time, Ferguson stated the law did not go far enough.
Okay then, now we can truly call this piece of work a hypocrite. I just wanted to be sure he was truly anti-gun before I labeled him as such.
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Old 08-26-2014, 06:46 PM
wccountryboy wccountryboy is offline
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Originally Posted by AndyC View Post
Well, same thing for Shaneen Allen of PA - she has a concealed carry license and had no ill-intent when she went to NJ.
But she wasn't an anti gun community activist; just a mere mortal citizen wanting to be able to protect her family, and probably and evil Republican to boot.
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  #10  
Old 08-26-2014, 08:33 PM
srv1 srv1 is offline
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Quote:
Originally Posted by citiot View Post
http://www.wkbw.com/news/Anti-Violen...271818161.html

"...It's sentencing day for the leader of an anti-violence group in Buffalo who admitted to taking a gun into an elementary school..."

He plead to a misdemeanor instead of the felony(ies) he was charged.

Does anyone know if he can keep his NY carry permit since it is not a felony?

We all know that this would be swept under the rug (I only see a couple of media postings on this).

Citiot
The county judge has discretion of the permits in NY minus NYC and Long Island which the police have the discretion. I cannot remember who the judges are in that county but I believe they are highly liberal so he may keep it. Usually anything like this would get your permit revoked in NYS. That means his handguns become possession of the county sheriff and he would have to find another permit holder to transfer them to or he would have to have a dealer store them until he would be able to get his permit back if it does get revoked or he can find someone before he has to submit them into the sheriff. Each county is different and has different set of rules.

James

Last edited by srv1; 08-26-2014 at 08:37 PM.
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  #11  
Old 08-26-2014, 08:33 PM
Steve4102 Steve4102 is offline
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Originally Posted by wccountryboy View Post
But she wasn't an anti gun community activist; just a mere mortal citizen wanting to be able to protect her family, and probably and evil Republican to boot.

We don't know that. We don't know anything about her background or her politics. Would it make a difference how you felt about this "mother" and how she should or should not be treated under the Law, if you did know more about her political views and activism?

Should one's politics and/or community activism net them special treatment, either positive or negative? Should a Democrat that violates a "Gun" law get a harsher sentence than a Republican that violates the same law because he/she is a Hypocrite? Should a Conservative get harassed and audited by the IRS more often than a Liberal because of his/her political beliefs?
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Old 08-26-2014, 09:02 PM
The Earl o Sammich The Earl o Sammich is offline
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Originally Posted by Steve4102 View Post
We don't know that. We don't know anything about her background or her politics. Would it make a difference how you felt about this "mother" and how she should or should not be treated under the Law, if you did know more about her political views and activism?

Should one's politics and/or community activism net them special treatment, either positive or negative? Should a Democrat that violates a "Gun" law get a harsher sentence than a Republican that violates the same law because he/she is a Hypocrite? Should a Conservative get harassed and audited by the IRS more often than a Liberal because of his/her political beliefs?
Hey Steve, I'm not using my sarcasm calibrator/meter right now. Do you want to borrow it?
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Old 08-26-2014, 09:07 PM
Steve4102 Steve4102 is offline
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Originally Posted by The Earl o Sammich View Post
Hey Steve, I'm not using my sarcasm calibrator/meter right now. Do you want to borrow it?
I take it you have nothing to contribute to my questions?
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  #14  
Old 08-26-2014, 11:35 PM
Peacemkr40 Peacemkr40 is offline
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If it's Erie county like I remember it, then his CCL is GONE. the judges there are very pro school protection, gun free zones. The Judge may also admonish him for the hypocracy of an anti-gunner who was carrying into such a sacred gun free zone that he advocates for.
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  #15  
Old 08-26-2014, 11:43 PM
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Originally Posted by Steve4102 View Post
Should a Democrat that violates a "Gun" law get a harsher sentence than a Republican that violates the same law because he/she is a Hypocrite?
Yep
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  #16  
Old 08-27-2014, 06:46 AM
Steve4102 Steve4102 is offline
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A Class A misdemeanor is not, in this instance at least, a ‘serious offense’ under the Penal Code of New York. So, clearly, it was for this reason that Ferguson was in fact willing to plead guilty to a Class A misdemeanor charge under Section 265.01-a for having possession of a weapon on school grounds. Had he not been able to do so, it is unlikely that he would’ve readily agreed to plead out. He certainly would not have willingly pleaded guilty to a Class E felony under Section 265.01-a. The Class A misdemeanor conviction provides Ferguson his best chance of keeping his “full carry” handgun license and for reclaiming his firearms from the police.

So, where does that leave us and Ferguson? Well, the police still have Ferguson’s two handguns. So, as it appears the Erie County Supreme Court isn’t required to revoke Ferguson’s pistol license, and, too, as the matter of the disposition of Ferguson’s pistol license is out of the hands of the First District Attorney of Erie County, the question is, then, who does have authority – if anyone at all – to revoke or allow Ferguson to keep his pistol carry license? That, we’ve learned, falls upon Wilmer Fowler.

Who is Wilmer Fowler? Wilmer Fowler is the Erie County Pistol Permit Hearing Officer. And it’s up to Mr. Fowler whether to allow Dwayne Ferguson to retain his pistol license. If Mr. Fowler does allow Dwayne Ferguson to keep his pistol license – and it isn’t clear the Hearing Officer will allow Ferguson to keep his pistol carry license in light of the conviction, notwithstanding that Ferguson pleaded guilty to a Class A misdemeanor charge rather than a Class E felony charge – the matter doesn’t end there. For the Hearing Officer’s decision to allow Dwayne Ferguson to retain his pistol permit ultimately rests with the Erie County Supreme Court, although Judge Michalski who presides over the criminal proceeding won’t decide that matter. The decision – whether Ferguson is allowed to retain his pistol license – isn’t a criminal matter. It’s a civil matter.

So, who decides the issue? Judge Martin Boller of the Erie County Supreme Court, who handles civil cases, does. Judge Boller, you see, also handles pistol permit cases. And the suspension or revocation of pistol licenses is a civil matter, not a criminal matter. Judge Boller is the Pistol Permit Hearing Judge. Thus the fate of Dwayne Ferguson’s pistol license rests in the hands of Judge Boller, assuming the Pistol Permit Hearing Officer does not revoke Ferguson’s pistol license and allows the return of his handguns to him in the first instance, and the Pistol Permit Hearing Officer has full discretion unless he abuses his discretion. If the Erie County Pistol Permit Hearing Officer decides to revoke or to suspend Ferguson’s pistol license, Ferguson can only request the Court to determine whether the Erie County Pistol Permit Hearing Officer’s decision amounts to an abuse of discretion.

The Arbalest Quarrel will keep you abreast of the Ferguson matter as it continues to play out. For, there is much more we need to know; for at the present time we don’t know whether the Pistol Hearing Officer has, as yet, acted upon Ferguson’s pistol license. Dwayne Ferguson’s pistol license may already have been suspended or revoked. We just don’t know, but we aim to find out because that, certainly, is on your mind. We know this matter weighs on Ferguson’s mind.



http://arbalestquarrel.com/dwayne-fe...lose-handguns/
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Old 08-27-2014, 07:59 AM
BlueBronco BlueBronco is offline
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Originally Posted by Steve4102 View Post
We don't know that. We don't know anything about her background or her politics. Would it make a difference how you felt about this "mother" and how she should or should not be treated under the Law, if you did know more about her political views and activism?

Should one's politics and/or community activism net them special treatment, either positive or negative? Should a Democrat that violates a "Gun" law get a harsher sentence than a Republican that violates the same law because he/she is a Hypocrite? Should a Conservative get harassed and audited by the IRS more often than a Liberal because of his/her political beliefs?
We know she past a background check to get a concealed license in Pa. We know she didn't have anything on her record until the NJ gestapo got hold of her.
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Old 08-27-2014, 08:10 AM
Steve4102 Steve4102 is offline
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We know she past a background check to get a concealed license in Pa. We know she didn't have anything on her record until the NJ gestapo got hold of her.
True, but what does this have to do with her Political affiliation or possible "Activism"?
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Old 08-27-2014, 01:29 PM
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Originally Posted by Steve4102 View Post
We don't know that. We don't know anything about her background or her politics. Would it make a difference how you felt about this "mother" and how she should or should not be treated under the Law, if you did know more about her political views and activism?

Should one's politics and/or community activism net them special treatment, either positive or negative? Should a Democrat that violates a "Gun" law get a harsher sentence than a Republican that violates the same law because he/she is a Hypocrite? Should a Conservative get harassed and audited by the IRS more often than a Liberal because of his/her political beliefs?
No, but it absolutely does and you'd have to be blind to not see that. What we're comparing here is how a fellow anti-gunner is getting to plead to a far lesser charge and may in fact get to keep his guns and permit. Whereas the PA mother will most likely get the book thrown at her.

In many cases of extremely biased and prejudicial juristictions, otherwise law abiding citizens who make a mistake are given max sentences on the first offense when a firearm is inolved but not used. Now we have an outspoken anti-gun hypocrite getting off with a slap on the wrist. Right or wrong, there is a perception of favoritism at play.

IMO, who a person is should mean nothing at all in the adjudication of a case. At sentencing, a first time offender who admits to wrongdiong should get the lightest possible sentence. Options should be on the table to ensure that a productive member of society isn't forever tarnished, so long as no one was seriously injured or killed.

So I really don't understand your question in the context of this thread? What's your point that you feel isn't being considered in this case?
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Old 08-27-2014, 01:45 PM
wccountryboy wccountryboy is offline
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Steve, my comment "....probably a Republican" was meant to be sarcastic. I actually have little sympathy for her; I find it difficult to believe that anyone living in PA on the NJ border is completely unaware that a PA permit has no value over the river. If she really is that clueless, she probably shouldn't be armed....

For the record, I don't believe that ones profession, political stance, station in life, situation, or socio economic status should grant them ANY special privilege. I don't accept the Animal Farm concept that 'All animals are created equal, but some are more equal than others.' The point I was making was that this activist in NY DID get off easier because of his political activism.
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Old 08-27-2014, 04:49 PM
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So, does anyone know what sentence our community activist (who thinks that gun laws don't go far enough) happened to get?
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Old 08-27-2014, 05:55 PM
Steve4102 Steve4102 is offline
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So, does anyone know what sentence our community activist (who thinks that gun laws don't go far enough) happened to get?
Yes, somebody knows.
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  #23  
Old 08-27-2014, 06:01 PM
Steve4102 Steve4102 is offline
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Steve, my comment "....probably a Republican" was meant to be sarcastic. I actually have little sympathy for her; I find it difficult to believe that anyone living in PA on the NJ border is completely unaware that a PA permit has no value over the river. If she really is that clueless, she probably shouldn't be armed....

For the record, I don't believe that ones profession, political stance, station in life, situation, or socio economic status should grant them ANY special privilege. I don't accept the Animal Farm concept that 'All animals are created equal, but some are more equal than others.' The point I was making was that this activist in NY DID get off easier because of his political activism.
Maybe, maybe not, read these two articles then decide.

http://arbalestquarrel.com/update-dw...activist-case/


http://arbalestquarrel.com/dwayne-fe...lose-handguns/
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Old 08-27-2014, 06:27 PM
wccountryboy wccountryboy is offline
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He was allowed to plead a felony under a law that he advocated for to less than a year, max- which he won't get since its a first offense. Whether he keeps his gun licenses is up in the air... but is a very real possibility. Given the mandatory sentencing under the NYSafe Act, I think he did get off easy.

I doubt Suzie soccer mom would have been offered the same deal....
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Old 08-27-2014, 09:47 PM
BlueBronco BlueBronco is offline
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True, but what does this have to do with her Political affiliation or possible "Activism"?
That's my point. The NY Gun Lobby supporter got a pass essentially on the NY unSafe Act. She got the book thrown at her yet a NFL thug got a pass in the same state.
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