NY injured special forces soldier takes plea for same offense on which David Gregory walked
“The intense focus you brought saved Nathan from years in jail.”
In early January, we wrote about the ordeal of Nathan Haddad, who was being charged with 5 felony counts under New York State’s prior gun law, for possession of empty 30-round magazines, Injured special forces soldier arrested in upstate NY for possession of high capacity ammunition magazines.
The case arose just prior to the decision in the District of Columbia whether to prosecute David Gregory for possessing a 30-round ammunition magazine and showing it on television.
While Gregory was allowed to walk free despite having been warned by the police not to use the magazine on air, the prosecution in NY pressed forward against Haddad, NY Prosecutors to press case against retired special forces soldier in high capacity magazine case.
The case now is over, with a plea deal to two misdemeanors which will be discharged in a year assuming no further violations. Nathan also gets his pistol permit and gun rights restored.
The following statement was issued last month by Nathan’s brother Michael, who had started a defense fund (h/t beloved2 in the Tip Line):
Over the course of the last six weeks our silence has not been voluntary. Let us say, those in Jefferson County New York in charge of the Justice System hate the First Amendment as much as they hate the Second Amendment.
The Jefferson County District Attorney offered Nathan Haddad a plea deal. It was for two misdemeanors that would be conditionally discharged after one year. In addition, he would receive a $200 fine. Further, Nathan’s pistol permit and gun ownership rights would be immediately restored.
“An unjust law is no law at all” but the problem is in a tyrannical system it is now law of all! Nathan chose to accept this plea as it was apparent the only way he would be able to win without a protracted fight was through jury nullification. In a state which elected Andrew Cuomo and a county that elected Cindy Intschert, Nathan didn’t like his odds.
While we would have loved to see a “Mr. Smith Goes to Washington” showdown at the Supreme Court Nathan simply wanted to continue on with his life. It was near certain the judge in this case was going to “massage” the verdict to express his anger over the scrutiny this case received.
The pressure brought in this case is like nothing any of these career politicians had ever seen. The intense focus you brought saved Nathan from years in jail. Nathan got nearly everything he wanted. We respect Nathan’s choice.
The remaining funds will be used to pay Nathan’s legal expenses. The remaining portion will be disposed of with assistance and guidance from Nathan Haddad. To that end, this fund has already given $1,000 to the legal defense fund of a combat wounded veteran Benjamin Wassall. Ben, a Marine, was injured in Iraq. He became the first person charged under the NYS Safe Act. Ben is another good guy who is being targeted by New York State.
We would like to sincerely thank all those who have donated and prayed for Nathan during this difficult time with a special thank you to Seth Buchman. Nathan will be sharing his story in the near future. He intends at this point to wet a hook and catch a few trout. He then will buy a shotgun and do some hunting.
God Bless all of you!
If you would like to support Ben Wassall here is a link to his page: http://www.gofundme.com/2clmcw?pc=fb_d
While it’s a good result for Nathan compared to the felony counts he faced, it does show the arbitrary nature of prosecutions for possession of ammunition magazines.
As reported today, it appears the absurdity of some of these gun laws is being recognized, DA in upstate NY refuses to prosecute man for having 9 bullets in magazine.
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…and thus you have stated the reason that I’ll never return to the northeast to live!
It seems to me that in the heart of liberal-land, things like common sense, logical thinking and realistic enforcement have taken a back seat to “feel good” political correctness. I could no longer live under these terms of residency.
So, I’ll visit from time to time but that’s it…
I won’t even visit.
Great work, Prof. What would we do without this new medium.
There’s another DC case going on right now. An honorable veteran named Srigley saved the life of a boy who was attacked by three pit bulls on the loose while riding his bike. While other men observing the attack on the black child ran away and took shelter, Srigley, who is white, went into his house, got his 9mm and then quickly dispatched the pits to doggie heaven. The same AG for DC that cut David Gregory loose held Srigley accountable, fining him $1,000 and confiscating the 9mm, a rifle and a shotgun that Srigley had in his house. If Srigley is not arrested for anything in the next two months, the charges will be dropped and he can get his guns back after he completes his move to MD and registers the guns there.
There are no reports of the parent(s) of the rescued boy stepping up to offer to pay Srigley’s $1,000 fine.
Equal protection under the law becomes unequal prosecution at the discretion of the state.
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