Free Republic
Browse · Search
Smoky Backroom
Topics · Post Article

Skip to comments.

Dad who pluggedprowler spurns deal
New York Daily News ^ | 4/08/03 | NANCIE L. KATZ

Posted on 04/08/2003 5:57:45 AM PDT by kattracks

A Navy veteran who shot an intruder in his toddler's bedroom decided against pleading guilty to a gun charge yesterday. Ronald Dixon rejected a deal that would have spared him from having to do jail time because he does not want a criminal record, his new attorney said.

Brooklyn District Attorney Charles Hynes initially charged Dixon, 27, with possessing an illegal weapon - an unregistered pistol - after he shot a career burglar he found prowling in his Canarsie home on Dec. 14.

Last month, Hynes reduced the charges to misdemeanor attempted weapon possession, which carries a maximum 90-day jail term. Hynes said he would only ask Dixon to serve four weekends in jail in exchange for a guilty plea.

Criminal Court Judge Alvin Yearwood changed that deal to a year's probation.

"After the people reduced the charges, this was put on for possible disposition," Yearwood told Dixon and his new attorney, Joseph Mure, yesterday. But the Jamaican immigrant declined the deal and left the courtroom without comment yesterday.

"That means he would have a criminal conviction, and that is a big concern to us," Mure said afterward.

Dixon gained widespread sympathy after he was charged with a crime. In a tearful interview, Dixon told the Daily News he could not afford to spend any time in jail because he was working seven days a week to support his family and pay his mortgage.

Originally published on April 8, 2003


TOPICS:
KEYWORDS: banglist
Navigation: use the links below to view more comments.
first previous 1-20 ... 501-520521-540541-560 ... 1,141-1,149 next last
To: Dead Corpse
As you can clearly see, they clearly contravene the very same States Civil Rights provisions as well as the US Constitution.

The usual question begging.

The assertion that having city gun control laws violates the New York state constitution is false.

"The City claims its authority to adopt this law resides in its police power, the power of local governments to adopt laws for the preservation of the health, safety and welfare of their citizens as well as for their protection and the maintenance of order. Such power is granted to the City by Article 9, section 2(c) (ii) (10) of the New York State Constitution, Municipal Home Rule Law, section 10, subdivision I(ii) (a) (11) and General City Law, section 20, subdivision 13. This power is limited only by the requirements that such local laws not be in conflict with the State Constitution nor inconsistent with the general laws of the State. These limitations are recognized by the City Charter, section 27(a), which empowers the Council to adopt this legislation. Plaintiffs have not demonstrated that the Gun Control Law in any way encroaches upon these limitations." -- Grimm v. City of New York, 56 Misc.2d 525 (Sup.Ct. 1968)

The contention that having city laws regulating firearms violates the Second Amendment is also unsupported nonsense.

"Plaintiffs not only seek to have this court declare the Gun Control Law unconstitutional without the requisite showing, but urge as a ground that the Gun Control Law violates the Second Amendment to the Constitution of the United States. The short answer to this contention is supplied in plaintiffs' own brief. As plaintiffs concede, it has been held that the Second Amendment is not a limitation upon the states. (Presser v. State of Illinois, 116 U.S. 252, 6 S.Ct. 580, 29 L.Ed. 615 [1886].) Further, the United States Supreme Court has declined to hold that the first ten amendments of the Constitution were all made applicable to the states through the adoption of the Fourteenth Amendment. (Adamson v. People of State of California, 332 U.S. 46, 67 S.Ct. 1672, 91 L.Ed. 1903 [1947].) In the conceded absence of any contrary authority, the court rejects plaintiffs' claim that the Gun Control Law violates the Second Amendment." -- Grimm v. City of New York, 56 Misc.2d 525 (Sup.Ct. 1968)

521 posted on 04/08/2003 6:53:23 PM PDT by Roscoe
[ Post Reply | Private Reply | To 480 | View Replies]

To: demosthenes the elder
I think he's trying to flirt.
522 posted on 04/08/2003 6:57:17 PM PDT by Roscoe
[ Post Reply | Private Reply | To 482 | View Replies]

To: Roscoe
Roscoe puts own foot in mouth yet again:

"This power is limited only by the requirements that such local laws not be in conflict with the State Constitution nor inconsistent with the general laws of the State."

And, of course, the State is limited by the requirements that such state & local laws must not conflict with those of our U.S. Constitution. [see Art. VI]

"The contention that having city laws regulating firearms violates the Second Amendment is also unsupported nonsense."

Whereupon roscoe rolls out the 'Presser/Adamson/Grimm decisions', well refuted pieces of unsupported judicial nonsense.

Rave on roscoe.

523 posted on 04/08/2003 7:18:45 PM PDT by tpaine
[ Post Reply | Private Reply | To 521 | View Replies]

To: stuartcr
NY does not recognize handgun licensing from any other state, period.

Worse yet, the NYC area (Brooklyn included) does not recognize handgun licensing from NY state.

Yes, you must register it in NY...and if you don't you can be jailed, the gun confiscated, and you'd never get a license in NY.
524 posted on 04/08/2003 7:25:41 PM PDT by ctdonath2
[ Post Reply | Private Reply | To 138 | View Replies]

To: kattracks
Competing harms gets him off is lawyer knows his a$$ from a hole in the ground.
525 posted on 04/08/2003 7:56:49 PM PDT by TheErnFormerlyKnownAsBig (.45 .46, whatever it takes)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Ipinawetsuit
But he had illegal possession of a handgun. That is the true basis of the charge as I see it. If he had used a registered hand gun, this argument would likely be academic.

In NYC, it is essentially impossible to legally register a handgun.

526 posted on 04/08/2003 8:30:51 PM PDT by lepton
[ Post Reply | Private Reply | To 13 | View Replies]

To: Dead Corpse
I do agree with that, on principle.
Of course, our "correctional departments" are an obscene joke, so I have a few reality-based reservations.
527 posted on 04/08/2003 8:39:13 PM PDT by demosthenes the elder (The Jesuits TRAINED me - they didn't TAME me)
[ Post Reply | Private Reply | To 501 | View Replies]

To: SgtofMarines
don't be a stranger - you done real good for a turtle ;)
528 posted on 04/08/2003 8:40:36 PM PDT by demosthenes the elder (The Jesuits TRAINED me - they didn't TAME me)
[ Post Reply | Private Reply | To 502 | View Replies]

To: George from New England
a yank-ban is an automated proceedure. takes no time at all.
529 posted on 04/08/2003 8:42:23 PM PDT by demosthenes the elder (The Jesuits TRAINED me - they didn't TAME me)
[ Post Reply | Private Reply | To 507 | View Replies]

To: George from New England
besides which: JimRob did the ZOT!, and since he OWNS this website that means he was exercising his proper authority over his own property as guaranteed in the Constitution. Thus, this yank&ban is UTTERLY American.
530 posted on 04/08/2003 8:44:20 PM PDT by demosthenes the elder (The Jesuits TRAINED me - they didn't TAME me)
[ Post Reply | Private Reply | To 507 | View Replies]

To: ninenot
I want the IJNS Yamato!
531 posted on 04/08/2003 8:47:59 PM PDT by demosthenes the elder (The Jesuits TRAINED me - they didn't TAME me)
[ Post Reply | Private Reply | To 518 | View Replies]

To: ninenot
Apparently it was a type of weapon used by the military, which tells you that the lower courts agreed that "military use" was the criteria they would live by.

The SCOTUS determined in U.S. vs. Miller that they didn't know whether a sawed-off shot gun was used by the military.

532 posted on 04/08/2003 8:54:21 PM PDT by lepton
[ Post Reply | Private Reply | To 518 | View Replies]

To: ctdonath2
I really do think it is time for those states with "shall-issue" permit laws to encourage New York State to follow the usual norms of interstate courtesy by imposing a reciprocity of sorts: Until such a time as NY recognizes and honors the CCW and gun permits of the other several states, those other states shall cease recognition and honor towards the drivers' licenses issued by New York State.
533 posted on 04/08/2003 8:55:02 PM PDT by demosthenes the elder (The Jesuits TRAINED me - they didn't TAME me)
[ Post Reply | Private Reply | To 524 | View Replies]

To: Roscoe
As plaintiffs concede, it has been held that the Second Amendment is not a limitation upon the states. (Presser v. State of Illinois, 116 U.S. 252, 6 S.Ct. 580, 29 L.Ed. 615 [1886].)

This is from before the SCOTUS decided that the 14th Amendment "incorporates" the other Amendments. It also, rather than what is cited here, says that at that time, they should have gone through the state courts first.

Further, the United States Supreme Court has declined to hold that the first ten amendments of the Constitution were all made applicable to the states through the adoption of the Fourteenth Amendment

...But it did hold that "the people" means the same in the first, second, and various other Amendments. As you note: it has declined to hold, not held that it does not.

534 posted on 04/08/2003 9:01:16 PM PDT by lepton
[ Post Reply | Private Reply | To 521 | View Replies]

To: from occupied ga; Cacique
The head south to places like GA and AL where state socialism hasn't completely ruined the economy (yet) and bring their moronic national socialistideas with them.

Palm Beach and Broward Counties in SE Florida are effectively colonies of New York and New Jersey. Since CCW is STATEWIDE in Florida and localities are FORBIDDEN from passing their own gun laws, even in those liberal hellholes you are allowed to carry a firearm, unless you are a convicted felon. Of course, property taxes and the cost of living are high in those counties than other parts of the state.

Sad to say, Hynes is my DA. If Colorado passes shall-issue, I think I may relocate there soon.

535 posted on 04/08/2003 10:36:27 PM PDT by Clemenza (East side, West side, all around the town. Tripping the light fantastic on the sidewalks of New York)
[ Post Reply | Private Reply | To 186 | View Replies]

To: from occupied ga
Nevertheless, it was the SOUTH-RON politicians who pushed for the income tax as a way to redistribute wealth from the industrial wealthy north to what was then a poor, rural south. For a long time it was "What New York makes, Alabama takes." Since our pols up here were not smart enough to get the pork that southerners traditionally enjoyed, the resorted to taxing the hell out of New York residents at the state and local level.
536 posted on 04/08/2003 10:41:12 PM PDT by Clemenza (East side, West side, all around the town. Tripping the light fantastic on the sidewalks of New York)
[ Post Reply | Private Reply | To 214 | View Replies]

To: Free the USA
I heard about this on the Sean Hannity Show a while back, and apparently it was legally registered where he had previously lived, and when he moved to New York, he filed the proper papers, only it hadn't gone through yet at the time of the "plugging" of the burglar. It seems like he did everything he could to abide by this unconstitutional legislation, which should be stricken from the New York State Penal Code immediately.

Unfortunately I live in a place full of idiot gunophobes. The city council in Scotts Valley, California (just outside of Santa Cruz, which is near San Jose/Oakland/San Francisco, the unholy trinity of ultra-leftwingism) has decided it would be a GREAT idea to ban the discharging of weapons using pneumatic pressure, IE nearly all BB guns, paintball guns, and pellet guns. Apparently even a potato gun I constructed from PVC pipe (which I pump up with an air compressor) is contraband under this unconstitutional piece of garbage ordinance insituted by dumbasses. These wussy fruit baggers who have never fired a BB gun in their lives themselves think that no one else should be able to I guess.

Then of course all the good liberal moms with which my mother used to associate with felt the need to lecture her on the evil of all BB guns and how one perticular woman's neighbor was shot in the head with one and it left a big mark!! OH MY GOSH!! A GUN WOULD ACTUALLY LEAVE A MARK IF SOME IDIOT IS STUPID AND IRRESPONSIBLE ENOUGH TO POP SOMEONE WITH IT??!! I HAD NO IDEA!! BAN ALL GUNS NOW!! GIVE ALL CONTROL OF FIREPOWER TO THE GOVERNMENT!! NOT!! Besides, just because one of her neighbors is an ignoramus, it doesn't mean that all kids are. My father taught me how to fire a pellet gun properly when I was 8 years old, and I've never harmed a human being with one. I guarentee anyone that firing my piece has made me a better young man. Above all that, it's important for men (and women) to know how to properly fire guns so they can actually defend themselves and their families.

The city council here also chooses to deny property rights to certain people in the name of environmentalwhackoism, but I won't get into that right now.
537 posted on 04/08/2003 11:08:32 PM PDT by Jonez712 (I <3 America)
[ Post Reply | Private Reply | To 2 | View Replies]

To: lepton
This is from before the SCOTUS decided that the 14th Amendment "incorporates" the other Amendments.

Incorporation has always been limited and selective. If you have a Supreme Court decision "incorporating" the 2nd into the 14th, please cite it.

"The reasoning that leads to those conclusions starts with the unquestioned premise that the Bill of Rights, when adopted, was for the protection of the individual against the federal government and its provisions were inapplicable to similar actions done by the states." -- U.S. Supreme Court, ADAMSON V. PEOPLE OF STATE OF CALIFORNIA , 332 U.S. 46 (1947)

538 posted on 04/09/2003 12:30:06 AM PDT by Roscoe
[ Post Reply | Private Reply | To 534 | View Replies]

To: Clemenza
Nevertheless, it was the SOUTH-RON politicians who pushed for the income tax as a way to redistribute wealth from the industrial wealthy north to

Politicians are the same all over. 98% of them believe that what you earn is theirs to spend, and that you are lucky and should be eternally grateful that they don't take it all as is their right. There are a few who believe that the purpose of government is to protect your property, but damned few. The only really good one in the whole Kongress is Ron Paul for TX. Look how the governor of TN practically had a tantrum when the legislature wouldn't enact an income tax, and the Republican (like that makes a difference) governor of GA called the legislators members of the Taliban (or something like that) because they wouldn't pass his massive tax increases so far this year.

539 posted on 04/09/2003 3:36:28 AM PDT by from occupied ga (Your government is your enemy, and Bush is no conservative)
[ Post Reply | Private Reply | To 536 | View Replies]

To: Jack Black
Seriously though injustice *IS* the law of the land. One hopes for Jury Nullification in this case.

The law of competing harms has already been used in the past in similar cases to acquit people who did not have a permit while exercising self defense (can you believe that you need a permit for that according to some, but the absurdity of it all has already been argued successfuly and approved in common law, gun laws are only meant for intimidation).

540 posted on 04/09/2003 3:43:53 AM PDT by JudgemAll
[ Post Reply | Private Reply | To 3 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 501-520521-540541-560 ... 1,141-1,149 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
Smoky Backroom
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson