Why is this a federal charge and not state?
 

Re: Why is this a federal charge and not state?
 

�This was not an intentional criminal act,� Brafman said the day of the plea. �In my judgment, a two-year prison sentence is a very severe punishment.�

severe punishment for the severe crime of self defense. can't allow any uppity citizens to think they don't have to bow at the altar of the State.

Re: Why is this a federal charge and not state?
 

Maybe it was a reporting error. I don't see anything mentioning federal charges in the article you linked. The only thing I can imagine is that if he lived in Jersey (not sure where he lives) and carried the gun illegally(oxymoron I know) over state lines into NY then it would be a federal violation. There in lies the rub.:banghead: Bx3

Re: Why is this a federal charge and not state?
 

From the Article:

He transported across state lines w/out being properly licensed in both states (origin and destination as per FOPA) thus it is a federal charge.

Re: Why is this a federal charge and not state?
 

I think shooting himself in the leg was punishment enough.

Re: Why is this a federal charge and not state?
 

Not sure it is a federal charge

http://www.queensdefense.com/guns.htm


A "pure" criminal possession of a weapon case (gun case) in New York will be a situation in which the only (or the most serious) charge against the defendant is criminal possession of a weapon of some degree. In other words, the defendant will be charged with possessing one or more guns and nothing else.

In New York criminal possession of a weapon, for the purposes of "gun cases" is classified into three "degrees" or levels of seriousness. Criminal Possession of a Weapon in the Second Degree, Third Degree, and Fourth Degree.

Criminal Possession of a Weapon in the Second Degree is a class C felony, Third Degree is a class D felony, and Fourth Degree is a class A misdemeanor.

The class C felony is punishable by a maximum of 15 years in prison, the D felony by a maximum of 7 years in prison, and the A misdemeanor by a maximum of 1 year in jail. Also, there is a theoretical 1 year mandatory jail sentence on any felony gun conviction.

Re: Why is this a federal charge and not state?
 

In order to avoid charges, one must use the "gun" only as a persuasive method to stop the assailant in his tracks.

Once you have the attention of the perp, use a baseball bat, garden implement, or other un-regulated weapon to physically subdue the criminal.

Then hide the gun, call 911, and request the meat wagon arrive to cart-off the remains.

Re: Why is this a federal charge and not state?
 

The judge is a New York State judge, so apparently just an ignorant error on the part of the media (surprise).

http://www.courts.state.ny.us/courts...urtrooms.shtml

In any case, a typical bullshit charge flying in the face of the Second Amendment.