222082 Bullies, 4047 online  
  • Register
Our Sponsors:

Results 31 to 38 of 38
Page 4 of 4 FirstFirst 1234
Sponsored Links Spacer Image
  1. BadUglyMagic is offline
    BadUglyMagic's Avatar

    Registered Member

    Join Date
    Sep 2008
    Location
    Atlanta
    Posts
    393

    Posted On:
    10/30/2009 3:10pm


     Style: slackerjitsu

    --
    Hell yeah! Hell no!
    Quote Originally Posted by tgace View Post
    In other words the govt. isnt imposing a sentence of incarceration or a monetary fine. The mental hygiene/health laws sole intent is to make sure that a person who is deemed potentially harmful to himself or another (and hasnt violated any penal/criminal law) gets medical attention even if it's against their will. Hence there isnt any booking, mugshots, miranda, etc.

    If the cops were looking to put you before a judge they would have to do all of that...it doesn't normally apply if they want to put you before a doctor.
    Baker Act?

    Are you saying that under NY state law, the police have the option to release from custody a person who is not mentally ill and has been found in possession of weapons and violating weapons laws? No criminal charges filed?
  2. tgace is online now
    tgace's Avatar

    Senior Member

    Join Date
    Jun 2005
    Location
    Western New York
    Posts
    1,241

    Posted On:
    10/30/2009 3:18pm


     Style: Arnis/Kenpo hybrid

    --
    Hell yeah! Hell no!
    Quote Originally Posted by BadUglyMagic View Post
    Baker Act?

    Are you saying that under NY state law, the police have the option to release from custody a person who is not mentally ill and has been found in possession of weapons and violating weapons laws? No criminal charges filed?

    I may have the discretion to not charge the weapons charge in the first place and send a guy to the hospital instead.

    If I decide to charge someone and they made some sort of suicidal threat I typically have the person placed on watch till they see the judge who can request that the person gets a "forensic examination" when he/she arrives at the county holding center.

    I (as I am a supervisor) could also release the prisoner after booking with an appearance ticket and a court date to return on, then plop them in am ambulance for a ride to the hospital for an evaluation under our Mental Hygiene Law Section 9.41.

    You don't have to be "mentally ill" to be subject to 9.41...if you even say something like "Im just going to go home and end it all" while being booked you just placed me in a liability conundrum. If I think you are just saying this out of frustration and I let you go...well you see where this is going...so I will send you to a doc to let him determine how serious you were.
    Last edited by tgace; 10/30/2009 3:26pm at .
  3. tgace is online now
    tgace's Avatar

    Senior Member

    Join Date
    Jun 2005
    Location
    Western New York
    Posts
    1,241

    Posted On:
    10/30/2009 3:24pm


     Style: Arnis/Kenpo hybrid

    --
    Hell yeah! Hell no!
    And not knowing the exact circumstances of what form of "weapons violation" we are talking about makes it difficult for me to tell you what I would do in this situation.
  4. BadUglyMagic is offline
    BadUglyMagic's Avatar

    Registered Member

    Join Date
    Sep 2008
    Location
    Atlanta
    Posts
    393

    Posted On:
    10/30/2009 4:21pm


     Style: slackerjitsu

    --
    Hell yeah! Hell no!
    Quote Originally Posted by tgace View Post
    And not knowing the exact circumstances of what form of "weapons violation" we are talking about makes it difficult for me to tell you what I would do in this situation.
    State law does not require an arrest for violation(s) of firearms laws?

    Concealed weapon (pistol). or transporting loaded concealed pistol.
  5. tgace is online now
    tgace's Avatar

    Senior Member

    Join Date
    Jun 2005
    Location
    Western New York
    Posts
    1,241

    Posted On:
    10/30/2009 4:32pm


     Style: Arnis/Kenpo hybrid

    --
    Hell yeah! Hell no!
    The only "mandated arrests" per actual written NYS Law are domestic violence crimes. Take a look at our criminal procedure law and you will note that it says "officers MAY arrest" in most sections, but says SHALL arrest in the domestic violence section.

    Officers have broad discretion in making arrests.....

    Departmental policies and "operational reality" are a whole other matter....could I just let someone with a gun go? Well it would probably get me in trouble with my PD, but I would not have broken any NY Law by doing so.

    It's "possible" that an officer here could take a weapon off of a person and let them go pending further investigation by our detective bureau and a subsequent warrant applied for. Highly unlikely...we would normally just arrest.
    Last edited by tgace; 10/30/2009 4:57pm at .
  6. vigilus is offline
    vigilus's Avatar

    Infidel

    Join Date
    May 2006
    Location
    Afghanistan
    Posts
    2,294

    Posted On:
    10/30/2009 5:24pm


     Style: Yoshinkan Aikido, MMA

    --
    Hell yeah! Hell no!
    Quote Originally Posted by tgace View Post
    I may have the discretion to not charge the weapons charge in the first place and send a guy to the hospital instead.
    Awesome.
    You are not free whose liberty is won by the rigour of other, more righteous souls. Your are merely protected. Your freedom is parasitic, you suck the honourable man dry and offer nothing in return. You who have enjoyed freedom, who have done nothing to earn it
  7. tgace is online now
    tgace's Avatar

    Senior Member

    Join Date
    Jun 2005
    Location
    Western New York
    Posts
    1,241

    Posted On:
    10/30/2009 5:31pm


     Style: Arnis/Kenpo hybrid

    --
    Hell yeah! Hell no!
    Quote Originally Posted by GuiltySpark View Post
    Awesome.
    Its pretty difficult to say what exactly I would do in a theoretical situation. There are so many factors that enter into LE decision making. What was the entirety of the situation? What happened? Who called the police? Who witnessed the event? Is the weapon legally owned by the carrier? Was there any victim involved? Was there any additional crime that occurred? How is justice best served in this situation?

    While most of the times it's as simple as "you have a gun but no carry permit..I arrest you"...it MAY not ALWAYS be that simple.
  8. vigilus is offline
    vigilus's Avatar

    Infidel

    Join Date
    May 2006
    Location
    Afghanistan
    Posts
    2,294

    Posted On:
    10/30/2009 5:42pm


     Style: Yoshinkan Aikido, MMA

    --
    Hell yeah! Hell no!
    Quote Originally Posted by tgace View Post
    While most of the times it's as simple as "you have a gun but no carry permit..I arrest you"...it MAY not ALWAYS be that simple.
    Yup. The arresting officer chose not to charge me. Firearms officer chose not to charge me after the fact and went to bat for me with the crown attorney who didn't press charges. Then the police went to bat for me again with the firearms license people and got my license & thousands of dollars worth of fiearms returned.

    Treat cops like their human beings and presto.
    You are not free whose liberty is won by the rigour of other, more righteous souls. Your are merely protected. Your freedom is parasitic, you suck the honourable man dry and offer nothing in return. You who have enjoyed freedom, who have done nothing to earn it
Page 4 of 4 FirstFirst 1234

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Powered by vBulletin™© contact@vbulletin.com vBulletin Solutions, Inc. 2011 All rights reserved.