Ca. is "consficating" guns from People that shouldn't have them

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  • NYFelon

    Master
    Rating - 0%
    0   0   0
    May 1, 2011
    3,146
    36
    DPRNY
    This...

    Some of the things that get you classified as a Felon have little to do with violence, and "shouldn't" affect your right to own a firearm. But they do... Even a misdemeanor can get you a low rent felony if it is deemed "gross" in perpetuation.

    New York State Penal Law 120.00 said:
    S 120.00 Assault in the third degree.
    A person is guilty of assault in the third degree when:
    1. With intent to cause physical injury to another person, he causes
    such injury to such person or to a third person; or
    2. He recklessly causes physical injury to another person; or
    3. With criminal negligence, he causes physical injury to another
    person by means of a deadly weapon or a dangerous instrument.
    Assault in the third degree is a class A misdemeanor.

    New York State Penal Law 120.05 said:
    S 120.05 Assault in the second degree.
    A person is guilty of assault in the second degree when:
    1. With intent to cause serious physical injury to another person, he
    causes such injury to such person or to a third person; or
    2. With intent to cause physical injury to another person, he causes
    such injury to such person or to a third person by means of a deadly
    weapon or a dangerous instrument; or

    3. With intent to prevent a peace officer, a police officer,
    registered nurse, licensed practical nurse, sanitation enforcement
    agent, New York city sanitation worker, a firefighter, including a
    firefighter acting as a paramedic or emergency medical technician
    administering first aid in the course of performance of duty as such
    firefighter, an emergency medical service paramedic or emergency medical
    service technician, or medical or related personnel in a hospital
    emergency department, a city marshal, a traffic enforcement officer or
    traffic enforcement agent, from performing a lawful duty, by means
    including releasing or failing to control an animal under circumstances
    evincing the actor's intent that the animal obstruct the lawful activity
    of such peace officer, police officer, registered nurse, licensed
    practical nurse, sanitation enforcement agent, New York city sanitation
    worker, firefighter, paramedic, technician, city marshal, traffic
    enforcement officer or traffic enforcement agent, he or she causes
    physical injury to such peace officer, police officer, registered nurse,
    licensed practical nurse, sanitation enforcement agent, New York city
    sanitation worker, firefighter, paramedic, technician or medical or
    related personnel in a hospital emergency department, city marshal,
    traffic enforcement officer or traffic enforcement agent; or
    3-a. With intent to prevent an employee of a local social services
    district directly involved in investigation of or response to alleged
    abuse or neglect of a child, a vulnerable elderly person or an
    incompetent or physically disabled person, from performing such
    investigation or response, the actor, not being such child, vulnerable
    elderly person or incompetent or physically disabled person, or with
    intent to prevent an employee of a local social services district
    directly involved in providing public assistance and care from
    performing his or her job, causes physical injury to such employee
    including by means of releasing or failing to control an animal under
    circumstances evincing the actor's intent that the animal obstruct the
    lawful activities of such employee; or
    4. He recklessly causes serious physical injury to another person by
    means of a deadly weapon or a dangerous instrument; or
    * 4-a. He recklessly causes physical injury to another person who is a
    child under the age of eighteen by intentional discharge of a firearm,
    rifle or shotgun; or
    * NB Effective March 16, 2013
    5. For a purpose other than lawful medical or therapeutic treatment,
    he intentionally causes stupor, unconsciousness or other physical
    impairment or injury to another person by administering to him, without
    his consent, a drug, substance or preparation capable of producing the
    same; or
    6. In the course of and in furtherance of the commission or attempted
    commission of a felony, other than a felony defined in article one
    hundred thirty which requires corroboration for conviction, or of
    immediate flight therefrom, he, or another participant if there be any,
    causes physical injury to a person other than one of the participants;
    or
    7. Having been charged with or convicted of a crime and while confined
    in a correctional facility, as defined in subdivision three of section
    forty of the correction law, pursuant to such charge or conviction, with
    intent to cause physical injury to another person, he causes such injury
    to such person or to a third person; or
    8. Being eighteen years old or more and with intent to cause physical
    injury to a person less than eleven years old, the defendant recklessly
    causes serious physical injury to such person; or
    9. Being eighteen years old or more and with intent to cause physical
    injury to a person less than seven years old, the defendant causes such
    injury to such person; or
    10. Acting at a place the person knows, or reasonably should know, is
    on school grounds and with intent to cause physical injury, he or she:
    (a) causes such injury to an employee of a school or public school
    district; or
    (b) not being a student of such school or public school district,
    causes physical injury to another, and such other person is a student of
    such school who is attending or present for educational purposes. For
    purposes of this subdivision the term "school grounds" shall have the
    meaning set forth in subdivision fourteen of section 220.00 of this
    chapter.
    11. With intent to cause physical injury to a train operator, ticket
    inspector, conductor, signalperson, bus operator or station agent
    employed by any transit agency, authority or company, public or private,
    whose operation is authorized by New York state or any of its political
    subdivisions, a city marshal, a traffic enforcement officer, traffic
    enforcement agent, sanitation enforcement agent, New York city
    sanitation worker, registered nurse or licensed practical nurse he or
    she causes physical injury to such train operator, ticket inspector,
    conductor, signalperson, bus operator or station agent, city marshal,
    traffic enforcement officer, traffic enforcement agent, registered nurse
    or licensed practical nurse, sanitation enforcement agent or New York
    city sanitation worker, while such employee is performing an assigned
    duty on, or directly related to, the operation of a train or bus, or
    such city marshal, traffic enforcement officer, traffic enforcement
    agent, registered nurse or licensed practical nurse, sanitation
    enforcement agent or New York city sanitation worker, is performing an
    assigned duty.
    11-a. With intent to cause physical injury to an employee of a local
    social services district directly involved in investigation of or
    response to alleged abuse or neglect of a child, vulnerable elderly
    person or an incompetent or physically disabled person, the actor, not
    being such child, vulnerable elderly person or incompetent or physically
    disabled person, or with intent to prevent an employee of a local social
    services district directly involved in providing public assistance and
    care from performing his or her job, causes physical injury to such
    employee; or
    12. With intent to cause physical injury to a person who is sixty-five
    years of age or older, he or she causes such injury to such person, and
    the actor is more than ten years younger than such person.
    Assault in the second degree is a class D felony.

    depends on what the prosecutor feels like charging you with.
     

    NYFelon

    Master
    Rating - 0%
    0   0   0
    May 1, 2011
    3,146
    36
    DPRNY
    I was just pointing out that, with the exceptions of the additional cases which can lead to Assault II charges, the language between what makes a Misdemeanor or a Felony are pretty much identical.
     
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