From the land of Mayors Against Guns
A woman who was cleared in the alleged murder of her husband because of physical abuse gets five years for violating NY gun laws.
11 Responses to “From the land of Mayors Against Guns”
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November 15th, 2011 at 11:26 am
Wow. Cleared of taking another person’s life, but convicted for objects.
November 15th, 2011 at 12:04 pm
This is actually common practice in NYC.
November 15th, 2011 at 12:04 pm
Its the Peoples Socialist Republic of New York… as an escapee and former resident of the PSRNY, it doesn’t surprise me a bit. The *authorities* couldn’t nail her on a murder charge because she killed the dirtbag in self-defense. Dirtbag was a former cop, so I’ll wager that the PoPo Union was leaning heavy on the DA. Jury acquits on self-defense grounds, PoPo Union and State politicians don’t want the peasants getting uppity and thinking that they can defend themselves, judges hate the citizenry, so they all tell the DA to get creative and find *something* that will stick.
Given that *possession* of a firearm means, in New York State, the simple act of picking up a handgun, even if its to do no more than to simply put it in a safe, if the person with the handgun is not licensed to touch a handgun, they are breaking the law.
NY sucks. Period.
November 15th, 2011 at 12:14 pm
The antis would rather innocent people get raped and murdered than allow them to have the tools with which to defend themselves. Why is it a surprise that this is codified into law in the very place where they have, in effect, “WON”.
s
November 15th, 2011 at 12:53 pm
But if she stabbed him to death using a Butcher Knife, it’d be okay, right?
Sounds like the Anti-Gun Politicians are trying to send a Message: THEY are the Only Ones allowed to shoot people who attack you.
Hopefully, this lady’s lawyers can get it overturned, and maybe use it as ammo all the way up to SCOTUS. Sure isn’t gonna change things in NY if it stays within the State.
November 15th, 2011 at 2:42 pm
So, extending this logic just a little, if a mugger points a gun at you and you manage to get the gun away from said mugger and shoot him, you’re going to go down for 5 because you were in possession of a firearm. I’m so glad I put NY in the rear view mirror.
November 15th, 2011 at 3:32 pm
Shoulda come down to TN. Here, a woman can shotgun her sleeping husband and get off scot-free by saying he made her wear high-heels. No silly self-defense or battered woman defense required!
November 15th, 2011 at 3:48 pm
@swamp thing –
Yeppers.
Jury will acquit on the murder charge due to self-defense.
DA will get a conviction separately on the weapons possession charge. The reason she got 5 years is because she was in possession with intent to kill. The way NY looks at any of its weapons violations (knives, guns, etc…) is possession, or possession with intent.
If you take a muggers gun and turn it on him/her/it, depending on which county you live in (ie: is the jury pool from a Progressive county, or Conservative county) you’ll be acquitted, or will be charged with the weapons violation.
Honestly, NY is such a crapshoot, (and its that way on purpose) that its a foregone conclusion that you’ll get nailed for something.
November 15th, 2011 at 5:51 pm
And fairly recently, a civilian and another fellow he didn’t know took fire from a bad guy in NYC. The guy next to him was nonfatally wounded, but dropped his issue gun. Samaritan picked it up and shot back, and is now facing the same sort of illegal gun possession charge.
NYS and NYC seem to take their “dont touch a handgun unless you’re licensed” pretty seriously. At my local range (north of NYC), an NYPD cop told me he was chewed out pretty badly at the West Side Pistol Range for being gregarious and letting a cute gal fire his pistol.
November 15th, 2011 at 9:45 pm
Bernard Goetz, please call your office.
November 16th, 2011 at 11:12 am
This is certainly not a first in NY. From the Buffalo News, June 28, 1994 :
Woman convicted of using gun, not killing husband
Lyons (AP) – A woman who was acquitted in the slaying of her abusive husband was sentenced Monday to two to six years in prison for illegally using his gun to kill him.
Anne Blackburn, 37, claimed years of abuse led her to shoot her husband, Ralph, in the head last July 22.
A Wayne County jury found her innocent of first degree manslaughter. Two months earlier, another jury had deadlocked 11-1 in her favor on the same charge, but convicted her of second degree criminal possession of a licensed gun.
——
This occurred during the reign of Mario Cuomo, and SHOULD have been an election issue when George Pataki was running against him. No one raised the issue – and to my knowledge, no pardon was granted to Ms. Blackburn.
Ms. Blackburn is now, of course, a felon.