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Injured special forces soldier arrested in upstate NY for possession of high capacity ammunition magazines

Injured special forces soldier arrested in upstate NY for possession of high capacity ammunition magazines

Former soldier charged with possession of “a large capacity ammunition feeding device”

While the prosecutors in D.C. decide whether to charge David Gregory, another example of how the laws against possession of high capacity ammunition magazines are applied to the little people is unfolding in upstate New York, as reported by The Watertown Daily Times, Injured veteran arrested in weapons investigation (h/t Tip Line):

A former Fort Drum soldier who was injured in special forces training was arrested Sunday night when he was found with prohibited rounds of ammunition, the Jefferson County Sheriff’s Department said.

Nathan H. Haddad, 32, of 25240 Waddingham Road, town of LeRay, faces five felony counts of third-degree criminal possession of a weapon. He was released without bail before town of Watertown Justice Andrew N. Capone, and is ordered to appear Wednesday in town of LeRay Court.

Deputies made the arrest shortly before 7:30 p.m. Sunday on Steinhilber Road in the town of LeRay, where Mr. Haddad is accused of possessing five 30-round AR-15 magazines of ammunition. He is cited under a state penal law statute that prohibits possession of “a large capacity ammunition feeding device.” The ammunition was found in his vehicle during a traffic stop, according to the sheriff’s office.

Mr. Haddad was deployed four times during his decade in the Army, the Times reported in a story featuring him in September 2009. At that time, he was a staff sergeant with the 3rd Battalion, 85th Infantry, Warrior in Transition Unit at Fort Drum, undergoing aquatic physical therapy for an injury he suffered in South Korea during special forces training. He was discharged from the Army in October 2010, according to Fort Drum.

Staff Sgt. Haddad was previously featured in The Watertown Daily Times, Injured Soldiers Hit Pool:

Taking it easy isn’t easy for Staff Sgt. Nathan H. Haddad. Four times deployed during his decade in the Army, he’s spent his free time, too, pushing his body to the limits — hunting, rock-climbing and skydiving, among other physical activities.

“If it was sports or outdoors, I did it,” he said Wednesday afternoon, standing near the swimming pool at Fort Drum’s Pine Plains Fitness Center. Behind him, half a dozen of his comrades from the 3rd Battalion, 85th Infantry, Warrior in Transition Unit were being introduced to a new set of equipment: scuba gear.

Injured during special forces training in South Korea, Sgt. Haddad is still figuring out what he can and can’t ask his body to do. But even walking through the woods is tough, painful.

“It’s very, very frustrating,” he said. “Before, I was outdoors and doing stuff all the time.”

Physical therapy is helping him to heal, but pain is part of it, and it doesn’t exactly replace the kind of adventurous athletics he loves.

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Comments

That particular law is an “ass”, but then every sane person instinctively understands this.

Its the folks who never learn from history and their mistakes – aren’t they called “liberals”? – who favor unneeded and ineffective laws which allow idiots to “feel” better but do nothing to inhibit criminality.

    TrooperJohnSmith in reply to 49erDweet. | January 9, 2013 at 3:03 pm

    In Texas, we have very powerful jury rights, including jury nullification. Here, you may be technically breaking the law, but six or twelve of your fellow citizens can set aside the legalities and look for justice and common sense.

    I sat on a six-person jury once which did this. After the trial, the attorneys and the judge spoke with us. The prosecutor was angry, the defense was grateful, and the judge said that she agreed justice was done.

    I doubt that NY has this.

Not that it matters much, but…

note that the idiot who wrote that story seems confused about “magazine” and “ammunition”.

So, were the magazines charged (i.e., loaded)? Or were they totally inert contraptions of sheet metal with a spring and follower?

This will be an interesting case to follow. I’d be very interested in the incidents of the arrest.

    Further proof that these people have not a clue about these issues.
    How did we allow ourselves to be put in this situation?

      You ask “how did we allow ourselves to be put in this situation”? Answer: by not being vigilant. Too few of us are. Most are too busy to be informed, until something happens to them and then it is usually harder to right the wrong, if at all.

      David Yotham in reply to Towson Lawyer. | January 9, 2013 at 7:04 pm

      re: “How did we allow ourselves to be put in this situation?”

      That’s easy: By allowing the public schools to teach our children. By refusing to ‘run’ for public office when we could have, thereby leaving the county commissions, school boards and State legislatures to be run by incompetents. By ‘trusting’ our government officials without investigating their moral character. By appealing to emotions rather than acknowledging truth and the reality that happens when truth is ignored. Example: The social rebellion of the 60s led to grandchildren who were active in #OWS. (As in Dr. Bill Ayers – educator.) By esteeming materialism and appearances above all other things. By casting God behind our back, thinking we were the masters of our own fate.

      A country that does this for 70-90 years is doomed to catastrophe.

    joated in reply to Ragspierre. | January 9, 2013 at 3:46 pm

    A commenter to the article out of Watertown, states that these were empty magazines, that there was no ammo or weapon in the car, and that the former soldier was on his way to sell them. (Doesn’t say where the sale was to take place. Maybe he was headed to David Gregory’s place.)

http://www.examiner.com/article/homeland-security-department-returning-war-veterans-are-terrorist-threat
Have you forgotten Napolitano’s memo that America’s most patriotic, those who swore to defend our constitution against all enemies-domestic or foreign are on her list for terrorist threat? America is upside down and I don’t see any indication that it is going to right itself.

Why would anyone who shoots live in NY? Between insane laws and a governor bragging about police-state confiscation remaining there sounds like a very bad idea.

    Browndog in reply to iconotastic. | January 9, 2013 at 3:14 pm

    It’s a huge State, much of it rural.

    Trust me, most folks that live in northern Michigan don’t know or give a damn what happens in Lansing or Detroit. They’re just living their lives, the way they always have.

      The urban Left is trying to assert control over rural areas.

      Environmentalism is one pretext. Gun control is another.

      I’ll reiterate a previous comment: Obama is overreaching and it could backfire on him if the opposition is skillful. Helloooo, lame duck! Nevertheless, his whole career consists of getting away with stuff that would have flopped miserably against competent opposition.

    Juba Doobai! in reply to iconotastic. | January 9, 2013 at 5:49 pm

    They are working hard to realize the movie Escape from New York.

    We live in dangerous times. Obama, president for life if Americans have no guns

TrooperJohnSmith | January 9, 2013 at 2:53 pm

These idiotic magazine laws serve only to criminalize innocent, law-abiding citizens. Case in point, within 10-feet of me, this minute, is no less than 14 of these hi-cap magazines, for both the Armalites and the AKs. More are in my gun cabinets. Several of them are fully-loaded.

How fuc*ed up is this nation, now? In Texas, I am secure in my possessions, but in New Freaking York, I’m an enemy of the State. Oh, in Texas, I can lawfully carry them in my vehicle, too.

Something has got to give.

    Maybe you could get 2 or 3 Texas Rangers to take over Washington D.C. on one of their days off.

    That would be a good start.

    BannedbytheGuardian in reply to TrooperJohnSmith. | January 9, 2013 at 9:17 pm

    Hey Troops – was it you that lost all your rifles out of the canoe?

    Anyhow you can’t have both state rights & complain about different state laws. Enjoy the choice whilst it still exists.

    Ps – you are sounding a bit Wacoish there. These threads are to be monitored.

Clinton talking about gun control and the death rate in the U.S. compared to other countries. “I grew up in this hunting culture, but this is nuts,” Clinton says. “Why does anybody need a 30-round clip for a gun?” Half of all deaths have occurred since the assault weapons ban expired, Clinton offers.

http://betabeat.com/2013/01/bill-clinton-ces-gun-control-samsung-tech-gap/

    Ragspierre in reply to Browndog. | January 9, 2013 at 3:44 pm

    Clinton lies.

    The Sun rises in the East.

    MaggotAtBroadAndWall in reply to Browndog. | January 9, 2013 at 5:14 pm

    The left usually wins because the media parrots them after they’ve framed the issue. Imagine how unpopular abortion would be if it were always referred to as “the right to violently decapitate and dismember your preborn child” instead of allowing the media/left to frame it as “reproductive rights” or “reproductive freedom”.

    They can’t be allowed to frame this fight in terms of “why does anybody need a 30 round clip?”. That’s not even a legitimate question if you believe in the U.S. Constitution.

    The Second Amendment states, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed”

    The Second Amendment reference to a “Militia” makes it clear it is not about deer hunting. It is about protecting your liberty against the rise of a tyrannical government or against foreign invaders. I think it was Yamamoto who said it would be crazy for anybody to think about invading America because so much of the civilian populace is armed.

    So the Second Amendment is a civil right which is critical for preserving liberty.

    Would Bill Clinton or other liberals ever ask, “why does anybody NEED free speech? Or “why does anybody NEED the freedom to choose their religion?” Or “why do people NEED to vote?” Those are all civil rights. None are either more or less important than the right to bear arms.

    So asking why anybody “needs” a 30 round magazine should not even be part of the conversation. The person who asks why we “need” a basic civil right is more dangerous to liberty than a law abiding gun owner (which is about 99% of us).

“The ammunition was found in his vehicle during a traffic stop,”

My guess is this is going to happen a lot now that gun owner’s info is pushed out there. Was this guy on the list?

WindowWizWindowCleaning | January 9, 2013 at 4:32 pm

They were empty mags. I can absolutely confirm they were empty. If there is anybody who can help escalate this story please do!

Nathan is a combat vet. Has worked with wounded warriors. Is combat decorated.

His only problem is he isn’t a rich, white, liberal, media man like David Gregory.

Nate is facing up to 7 years per empty mag. 35 years at a cost of ~ $2,000,000 to incarcerate him. That is crazy!

‘We are all equal. It’s just some of us are more equal than others.’

    Not crazy at all — if you’re part of the fascist movement that is the Democrat/union/education complex.

    Nate’s life is irrelevant, and the money to incarcerate him will be paid by other taxpayers. Any financial detriment to Democrat operatives, union people or teachers/professors will be funneled back to them by the Democrats in power in the government.

    They’ll offer him a plea.

    Guilty to one felony, little to no jail time.

    All they want is his friends/contacts–so they can disarm, and take away their right to vote too.

According to liberal logic, one is 300% deader if they are killed by a round fed from a 30 round magazine than one fed from a 10 round magazine.

Whatever happened to the “shall not be infringed” part of the 2nd amendment??

John Wayne Gacey was a democrat. That is all I need to know about the party of serial raping fascist wanna-be’s.

I think we’d all rather the .0000000000000000000001% potential for death at the hands of a lone lunatic with a legal gun than the 100% risk of servitude to lunatics of the like of Barack Obama and his fellow fascist travelers if the 2nd Amendment is violated. Once this happens, it will only be a matter of months until they come after the First Amendment.

After all this occurs, John Bohener will still be figuring out how to deal with Obama and Harry Reid. Let’s go back to basics: the hell with the House vote — time to give Boehner the boot, or boot the people who voted this clueless failure in as Squeaker again.

michaelhaddad78 | January 9, 2013 at 5:35 pm

nathan is my brother he does not deserve this where the magazines illegal yes they are but 10 to 35 years in prison while gregory flaunts the very same magazine on national tv is just wrong

    Until we, his brothers under the Red, White, and Blue, are willing to make the same sacrifices he made for his country, nothing will change.

    Michael: Try the American
    Center for Law and Justice. Jay Sekulow’s group in Atlanta, Georgia. He has tried many cases before the Supreme Court. In the past they have taken only First Amendment type cases so call them and I will be praying for you and yours.

    Legal Helpline Phone: 757-226-2489

    Legal Helpline Fax: 757-226-2836

    Member Services: 757-802-9160

    Radio call-in number: 1-800-684-3110 (from 12-12:30 PM EST/EDT.)

    Petition call-in number: 1-877-989-2255

    For information on broadcasting Jay Sekulow Live! or Jay Sekulow Weekend:

    Phone: 770-414-0806

    The following form is for Legal Help Requests on

I would hope that some organization would step up and sue to overturn this law, all the way to the Supreme Court, if necessary.

I’d donate towards it. I know many of my fellow NRA members would as well.

    michaelhaddad78 in reply to profshadow. | January 9, 2013 at 6:01 pm

    prof shadow i am working on setting up a legal defense fund are you serious about donating to his cause along with fellow NRA members please let me know if you are seriouse nathan is my brother my email is [removed by WAJ at author’s request — I’m in communication with them]

      Michael, please keep us advised. I am certain that the LI readers will come through on this.

        michaelhaddad78 in reply to janitor. | January 9, 2013 at 9:02 pm

        My brother initial fee is 2500. He gave the lawyer 400. It was all he had. I don’t have the means to help him. I have a family to support and in this economy who has that kind of cash around

          TrooperJohnSmith in reply to michaelhaddad78. | January 9, 2013 at 10:33 pm

          Come on, folks… the Second Amendment Foundation or some veterans organization has got to have a good, pro bono lawyer someplace that would love to make a name and take some scalps.

          Step up, all you officers of the court. Start making calls…

      Michael,
      There is another group, Liberty Counsel founded by Matt Staver who are constitution lawyers. Here’s contact info:

      Mathew D. Staver
      Vice President, Liberty University
      Dean and Professor of Law,
      Liberty University School of Law
      Director, Liberty Center for Law and Policy
      Email:
      [email protected]

      Phone:
      434-592-5300
      If they can’t help, maybe they can refer you to somebody else. I will be praying.

Just thought of this: if Obama violates the 2nd Amendment, what will be coming into play is reverse slavery.

Consider this: people on the public dole, unions, and people paid by the education complex will resort to violence if their taxpayer-paid benefits are diminished or eliminated. If guns are illegal, taxpayers will have no way to protect themselves in their homes against the masses of thugs that police will be impotent in thwarting, and the Obama government will be complicit in encouraging.

Thus, taxpayers will be de facto slaves to these people, including and anyone indirectly receiving government benefits (MSNBC).

THAT is what is at stake in this 2nd Amendment grab.

NOW do you see the historical fiasco in the GOP re-electing the impotent, clueless and backstabbing John Boehner?

[…] Le*gal In*sur*rec*tion: Injured special forces soldier arrested in upstate NY for possession of high capacity ammunition mag… […]

BannedbytheGuardian | January 9, 2013 at 8:49 pm

I do not think is a big vs little guy thing [ yet]. The DC case is under review for prosecution just now whereas the NY case is in process. Besides they are 2 differ jurisdictions.

The NY case as outlined seems straightforward. I do not consider the fact that he once was in the military as a factor in diminishing the seriousness of the crime. A law is a law & if he disagreed with it he should have avoided NY .

I don’t know the reason he had these in his possession & I hope it was not to sell them for that is not promising for garnering support.

Sometimes these cases are best left to be quietly dealt with & not under the glare of publicity. The lack of bail seems to imply this may have been on the judges ‘s mind.

Dialogue needs to be changed from gun control to civilian disarmament.

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