What is the difference in this case where he pointed a gun to another person and menacing to what happened with plaxico where he shot himself in the leg in NYC?

EnySpree wrote:

dk7th wrote:Possess without permit: class A misdemeanor, punishable by up to one year in prison, a fine of up to $1,000, or both

Possess loaded firearm without permit, outside of person's home or place of business: class C felony, classified as violent felony offense, punishable by up to 15 years imprisonment, with a mandatory minimum of 3.5 years

N.Y. Penal Law §§ 265.01, 265.03, 265.20

I have had friends that dropped a bag and a gun fell out and got that mandatory 3.5 years. So it's just the fact that you have it. Now if you are waiving it around then they are going to push for the max 7.

Remember plaxico got the 3.5 with time off for Good behavior. His was more serious.

If his wife really did turn it in on him then he's only going to get that misdemeanor. His lawyer could knock that down to the fine and he's good.

The dumb **** is if your wife is divorcing you, you need to get your stuff out while you can. Felton might really be going through some crazy **** at home with his wife. At the same time if he waived the gun at his girlfriend than he is in Trouble if they are witnesses. Depends on which story is true.

he turned himself in. that alone tells me he didn't wave it menacingly... but we shall see. i think he is going to be charged with a misdemeanor but i don't see him doing time. but you're right the dude has to handle his **** better.

NYKBocker wrote:So for the legal eagles here...

What is the difference in this case whether pointed a gun to another person and menacing to what happened with plaxico where he shot himself in the leg in NYC?

Possession is a mandatory 3.5 years. Nothing around that no matter what happens. If you are waiving it around or showing it off, they will try to give you the Max 7 years or slap you with another charge.

Plaxico was lucky he did only 2 years for God behavior then extended probation. But there is nothing around this law in nys

EnySpree wrote:

NYKBocker wrote:So for the legal eagles here...

What is the difference in this case whether pointed a gun to another person and menacing to what happened with plaxico where he shot himself in the leg in NYC?

Possession is a mandatory 3.5 years. Nothing around that no matter what happens. If you are waiving it around or showing it off, they will try to give you the Max 7 years or slap you with another charge.

Plaxico was lucky he did only 2 years for God behavior then extended probation. But there is nothing around this law in nys

I think I read 2nd degree is 3.5 years, but that means he had to have it outside of his home- as this gone was taken from the home by his wife, it won't apply.

EnySpree wrote:

smackeddog wrote:To be fair, None of the reports this morning are saying he pointed the gun at anyone, just that his wife felt uncomfortable having it in the house and took it to the police.

If that's what it is then he will be sent home with a fine and a tarnished image. Let's hope that's the case from a human standpoint

He might not even get a fine- there's no proof he loaded it or even that it was in his house- his wife took it in to the police, weird that she wouldn't just call the police and ask them to collect it

smackeddog wrote:

EnySpree wrote:

smackeddog wrote:To be fair, None of the reports this morning are saying he pointed the gun at anyone, just that his wife felt uncomfortable having it in the house and took it to the police.

If that's what it is then he will be sent home with a fine and a tarnished image. Let's hope that's the case from a human standpoint

He might not even get a fine- there's no proof he loaded it or even that it was in his house- his wife took it in to the police, weird that she wouldn't just call the police and ask them to collect it

http://online.wsj.com/news/articles/SB10001424052702304834704579404422349398520?KEYWORDS=Felton&mg=reno64-wsj&url=http%3A%2F%2Fonline.wsj.com%2Farticle%2FSB10001424052702304834704579404422349398520.html%3FKEYWORDS%3DFelton&fpid=2,7,121,122,201,401,641,1009

Hours after the Knicks lost at the buzzer, Raymond Felton, the team's starting point guard, was arrested on felony gun charges early Tuesday morning, police said.

Mr. Felton, 29 years old, will be arraigned in Manhattan criminal court later Tuesday, according to police.

A Knicks' spokesman had no comment on the arrets. Neither Mr. Felton's agent, Thad Foucher, nor his attorneys could immediately be reached for comment.

According to a law-enforcement official, the arrest stems from a semiautomatic handgun that allegedly belongs to Mr. Felton and was left at the apartment of his estranged wife, Ariane Felton.

Ms. Felton and the attorney representing her in divorce proceedings took the gun, which had 17 bullets in the magazine and one in the chamber, to the 20th precinct station house in Manhattan Monday evening because she no longer wanted it in the home, the official said.

Ms. Felton, 26, said that on four occasions, most recently Feb. 14, Mr. Felton waved the weapon around in an aggressive way but didn't point it at her, according to the official.

The official said the weapon and ammunition aren't legal in New York City.

Mr. Felton turned himself in at about 12:50 a.m. Tuesday at the 20th precinct station house, where he was questioned before being charged, police said

He faces three counts: second-degree and third-degree criminal possession of a weapon—which are felony charges—and fourth-degree criminal possession of a weapon, police said. A conviction on the second-degree charge carries a maximum of 15 years in prison.

VCoug wrote:Here's the most recent information. From the Wall Street Journal:

http://online.wsj.com/news/articles/SB10001424052702304834704579404422349398520?KEYWORDS=Felton&mg=reno64-wsj&url=http%3A%2F%2Fonline.wsj.com%2Farticle%2FSB10001424052702304834704579404422349398520.html%3FKEYWORDS%3DFelton&fpid=2,7,121,122,201,401,641,1009

Hours after the Knicks lost at the buzzer, Raymond Felton, the team's starting point guard, was arrested on felony gun charges early Tuesday morning, police said.

Mr. Felton, 29 years old, will be arraigned in Manhattan criminal court later Tuesday, according to police.

A Knicks' spokesman had no comment on the arrets. Neither Mr. Felton's agent, Thad Foucher, nor his attorneys could immediately be reached for comment.

According to a law-enforcement official, the arrest stems from a semiautomatic handgun that allegedly belongs to Mr. Felton and was left at the apartment of his estranged wife, Ariane Felton.

Ms. Felton and the attorney representing her in divorce proceedings took the gun, which had 17 bullets in the magazine and one in the chamber, to the 20th precinct station house in Manhattan Monday evening because she no longer wanted it in the home, the official said.

Ms. Felton, 26, said that on four occasions, most recently Feb. 14, Mr. Felton waved the weapon around in an aggressive way but didn't point it at her, according to the official.

The official said the weapon and ammunition aren't legal in New York City.

Mr. Felton turned himself in at about 12:50 a.m. Tuesday at the 20th precinct station house, where he was questioned before being charged, police said

He faces three counts: second-degree and third-degree criminal possession of a weapon—which are felony charges—and fourth-degree criminal possession of a weapon, police said. A conviction on the second-degree charge carries a maximum of 15 years in prison.

okay now this is bad. WOW. so stupid