Is an outspoken 'pubbie in NYC really a part of the protected class of politicians? I'm skeptical. Highly skeptical.
I don't think this was Animal Farm. I think this was the system seeing that they had a problem on their hands with a bad law and bad facts.
I'm not saying that the prosecutor called the councilwoman's attorney and said, "hey, would you mind pulling the RSA before coming on in?" but I bet they weren't all that broken up about it, either.
Could be wrong. I'd have to be convinced, though.
I agree with that. I don't think NYC or NYS wanted to prosecute a Jewish local legislator or engage in a 2nd A possible court challenge.
Cloud Yeller of the Boomer Age
Get beyond a reasonable doubt with a jury, or a judge who follows the law. We don't charge anyone for possession based on photos, social media videos, etc. We may use it as the basis for a search warrant for a serious violent felon in possession case, but no physical gun = no charges. Any half ass lawyer realizes they aren't under oath and are under no obligation to present the truth, only establish doubt. "Prove it's not an airsoft replica, detective." Done, your case is over. Client doesn't even have to claim it's an airsoft or take the stand, you can't get beyond a reasonable doubt because you can't prove it.
We *might* get it in if the gun is discharged in the video and there's evidence of impact, proving it's a real gun and functional. I've built exactly one case with video from a firing range, signature on a sign in sheet, and video of the clerk checking ID, suspect's face, firearm, etc. Armed robbery suspect, got him on the robbery and the felon in possession without ever having the actual firearm.
Sorta around sometimes for some of your shitty mod needs.
My posts only represent my personal opinion and do not necessarily reflect the opinions or official policies of any employer, past or present. Obvious spelling errors are likely the result of an iPhone keyboard.