View Full Version : Navy SEAL committed for claiming to be a Navy SEAL
bluenote
01-23-2012, 15:30
If he had written his mandatory book, he could have used the publicity photo on the dust jacket for ID purposes.
http://news.yahoo.com/nyc-police-throw-navy-seal-psych-ward-claiming-135225417.html
BRAVO-SMASH
01-23-2012, 21:32
...telling the NYPD "I'm in an elite military unit, you can't arrest me," doesn't help much when the city's draconian gun laws are at issue.
No. He's just an idiot and an embarrassment to his unit. :boohoo
LongWire
01-23-2012, 22:49
Yeah this thread disappeared itself over at SOCNET..........
wmaousley
01-24-2012, 00:22
So why was this dip shit carrying a weapon? If he was carrying in some official capacity ( I don't believe) why did he screw up op-sec and tell the cops and now the press he was a SEAL?
Last but not least you are telling me a high speed SEAL didn't know enough to STFU, be polite and not draw attention to himself thus getting his car searched and them finding his hidden weapon? Cops don't search every vehicle they pull over, why did they search his? The guy ran a red light, what did he say or do to get searched? Yes sir, sorry sir have a good day probably would have resulted in a ticket at worst and possibly a verbal warning.
I would guess he is probably a new SEAL and felt a since of empowerment/entitlement.
"...with a TS clearance."
Last time I checked, isn't the level of clearance an individual holds restricted at the very least; in other words he probably shouldn't be sharing that info with the PD, and, well now the world?
To paraphrase Ron White, the right to remain silent is not the same as the ability to to do so.
;)
I would suspect a soon to be "ex-SEAL"... ;)
Richard :munchin
Streck-Fu
01-24-2012, 07:38
The Navy's newest Boatswain's Mate....your paint brush is in that locker over there.
dr. mabuse
01-24-2012, 11:44
"NYPD officers searched Day's pickup truck and found a 9mm semiautomatic pistol and three magazines full of ammo." (emphasis added)
Dat Dat DAAAAAA!!!!
Day, you may begin your next phase by painting the goat locker with a toothbrush!:D
My question is; did he give consent to search his vehicle? As an LEO, I am always amazed at how many people will give consent when asked, even though they know they have drugs, guns or illegal items in the vehicle or on their person.
Why is it illegal for a non felon to have a firearm in NYC?
Dohhunter
01-24-2012, 13:44
Why is it illegal for a non felon to have a firearm in NYC?
First write up I grabbed was care of AR-15.com. Disclaimer attached.
The Q&D New York City Gun Law FAQ
Rifles - Residents
- You can possess rifles/shotguns, but only with a permit and a registration for each one.
- There is a 72 hour grace period following acquisition of a rifle/shotgun for registering that rifle or applying for the rifle/shotgun permit. If you do not have the permit, you will be required to deposit the rifle/shotgun with your precinct until issued.
- The permit costs $100 + $98 for fingerprints and takes 4-6 months to receive. If you are moving into NYC and already have rifles/shotguns, you will be required to voucher your guns with NYPD or have them stored at a license dealer while your application is pending. You can also leave them out of of the city and bring them in once you have received your permit.
- As of 2005, you must be 21 to get a rifle/shotgun permit (congratulations to the 18-21 crew, who have now been completely stripped of the RKBA).
- Another 2005 change is that the same dealer can only sell you one rifle/shotgun every 90 days, or 4 per year.
Pistols - Residents
- You can possess pistols, but only if registered either on a New York City issued pistol permit or on a permit issued by another county in New York State that has been validated by the NYPD
- A residence permit that can also be used for target shooting/hunting can be obtained by anyone who lives in NYC and has a clean record. The application process is long (6 months), expensive ($350 + $98 fingerprint fee) and requires 5 trips to 1 Police Plaza. If you are moving into NYC and already have handguns, you will be required to voucher your guns with NYPD or have them stored at a license dealer while your application is pending. You can also leave them out of state and forward them to a NYS licensed dealer once you have received your permit.
Non-Residents
- Pistol permits from outside New York City are not valid in NYC, so you must be transiting through with gun in a locked case like your trunk or risk prosecution
- Non-residents get a 24 hour freebie on rifle/shotgun/assault weapon possession if you are transiting through NYC and keep the item in a locked case
- FOPA protects persons travelling interstate through New York City with firearms if they are in a locked container. Nonetheless, expect little sympathy or understanding from NYC LE agencies if they are found.
Mags
- You can't possess any mag/clip for a gun unless you have that specific type of gun registered on a rifle or pistol permit.
- Rifle mags of more than 5 rounds are banned.
- Pistol mags of more than 17 rounds or that protrude from the pistol's handgrip are banned.
Ammo
- It's a misdemeanor to possess ammunition of a caliber if don't have a gun (rifle or pistol) registered in that caliber.
Assault Weapons
- Any semiautomatic rifle with even one forbidden feature, such as a collapsible stock, pistol grip, bayonet lug or flash hider, is forbidden.
- The ability to accept a detachable magazine is not a criteria to the NYC assault weapons ban. This means the FAB-10 is considered an illegal assault weapon.
- As a new change for 2005, the NYPD is now required by law to update the list of assault weapons three times a year.
Trigger Locks
- Trigger locks (or gun safe) is required on all guns when "out of . . . immediate possession or control" of the owner.
Penalties
- Penalties for illegal possession of a pistol start at Class A misdemeanor or Class E felony and go up from there
- Other violations are ungraded misdemeanors and start at 15 days and go up to 1 year in jail + $1,000 criminal fine + $10,000 civil fine.
- Note: As of 2005, civil penalties for possession of an assault weapon have gone up to $25,000. In addition, if you are found with one assault weapon, all other guns you lawfully own are subject to seizure by the NYPD.
Black Powder Firearms
(section to be added)
Flying out of New York City airports with a pistol
- As per NYSRPA and my own experience, if you are flying through a New York City airport (LaGuardia or Kennedy), you will be asked to show a permit for a pistol in your luggage (or if you are a city resident, for a rifle/shotgun). Without one, expect likely prosecution for weapons violations. Update: 12/24/04 NY Post reports 282 weapons possessions arrests at NY airports since 1/1/04.
- As far as non-NYC residents who have a New York State permit that is not validated in New York City, it is as of now unclear to me as to whether you are permitted to take your pistol with you. We are watching this topic; if you need to do this, check with the Port Authority police in advance (see discussion below).
Law Enforcement Officers Safety Act of 2004
- NYPD has issued a bulletin to it's officers regarding LEOSA. The current policy is to verify the identification of any officer from outside New York State in possession of a firearm. The firearm is to be confiscated for safekeeping pending that verification. More detail can be found here in this thread.
Last Notes
- All 5 district attorney's office in the City have a standing policy of not accepting plea bargains on weapons charges unless the offender takes jail time. For felony pistol possession (e.g., carrying a loaded gun outside your home), expect at least one year in the slammer. For the other, lesser violations, typical is a 3-4 weekend stay at Rikers. Weapons crimes are not taken lightly in NYC. For those visiting NYC from out of town, weigh this carefully if you decide to take a gun with you.
- In addition, certain Boroughs have instituted "gun court", a court that only hears weapons cases. A defendant stands very little chance of getting a fair trial in gun court and can expect harsh punishment.
Disclaimer regarding this thread:
This is an internet discussion thread and not a venue for receiving legal advice. You would be foolish to rely on the information in this thread for matters that involve determining whether your actions may put you in jail or not. The information in this thread is provided on an "as-is" basis and is not warranted in any respect, including for accuracy or for errors, and does not constitute legal advice on the laws of New York City, New York State or any other jurisdiction. If you need legal advice on any of these subjects you should hire a qualified attorney for those purposes.
First write up I grabbed was care of AR-15.com. Disclaimer attached.
The Q&D New York City Gun Law FAQ
Rifles - Residents
- You can possess rifles/shotguns, but only with a permit and a registration for each one.
- There is a 72 hour grace period following acquisition of a rifle/shotgun for registering that rifle or applying for the rifle/shotgun permit. If you do not have the permit, you will be required to deposit the rifle/shotgun with your precinct until issued.
- The permit costs $100 + $98 for fingerprints and takes 4-6 months to receive. If you are moving into NYC and already have rifles/shotguns, you will be required to voucher your guns with NYPD or have them stored at a license dealer while your application is pending. You can also leave them out of of the city and bring them in once you have received your permit.
- As of 2005, you must be 21 to get a rifle/shotgun permit (congratulations to the 18-21 crew, who have now been completely stripped of the RKBA).
- Another 2005 change is that the same dealer can only sell you one rifle/shotgun every 90 days, or 4 per year.
Pistols - Residents
- You can possess pistols, but only if registered either on a New York City issued pistol permit or on a permit issued by another county in New York State that has been validated by the NYPD
- A residence permit that can also be used for target shooting/hunting can be obtained by anyone who lives in NYC and has a clean record. The application process is long (6 months), expensive ($350 + $98 fingerprint fee) and requires 5 trips to 1 Police Plaza. If you are moving into NYC and already have handguns, you will be required to voucher your guns with NYPD or have them stored at a license dealer while your application is pending. You can also leave them out of state and forward them to a NYS licensed dealer once you have received your permit.
Non-Residents
- Pistol permits from outside New York City are not valid in NYC, so you must be transiting through with gun in a locked case like your trunk or risk prosecution
- Non-residents get a 24 hour freebie on rifle/shotgun/assault weapon possession if you are transiting through NYC and keep the item in a locked case
- FOPA protects persons travelling interstate through New York City with firearms if they are in a locked container. Nonetheless, expect little sympathy or understanding from NYC LE agencies if they are found.
Mags
- You can't possess any mag/clip for a gun unless you have that specific type of gun registered on a rifle or pistol permit.
- Rifle mags of more than 5 rounds are banned.
- Pistol mags of more than 17 rounds or that protrude from the pistol's handgrip are banned.
Ammo
- It's a misdemeanor to possess ammunition of a caliber if don't have a gun (rifle or pistol) registered in that caliber.
Assault Weapons
- Any semiautomatic rifle with even one forbidden feature, such as a collapsible stock, pistol grip, bayonet lug or flash hider, is forbidden.
- The ability to accept a detachable magazine is not a criteria to the NYC assault weapons ban. This means the FAB-10 is considered an illegal assault weapon.
- As a new change for 2005, the NYPD is now required by law to update the list of assault weapons three times a year.
Trigger Locks
- Trigger locks (or gun safe) is required on all guns when "out of . . . immediate possession or control" of the owner.
Penalties
- Penalties for illegal possession of a pistol start at Class A misdemeanor or Class E felony and go up from there
- Other violations are ungraded misdemeanors and start at 15 days and go up to 1 year in jail + $1,000 criminal fine + $10,000 civil fine.
- Note: As of 2005, civil penalties for possession of an assault weapon have gone up to $25,000. In addition, if you are found with one assault weapon, all other guns you lawfully own are subject to seizure by the NYPD.
Black Powder Firearms
(section to be added)
Flying out of New York City airports with a pistol
- As per NYSRPA and my own experience, if you are flying through a New York City airport (LaGuardia or Kennedy), you will be asked to show a permit for a pistol in your luggage (or if you are a city resident, for a rifle/shotgun). Without one, expect likely prosecution for weapons violations. Update: 12/24/04 NY Post reports 282 weapons possessions arrests at NY airports since 1/1/04.
- As far as non-NYC residents who have a New York State permit that is not validated in New York City, it is as of now unclear to me as to whether you are permitted to take your pistol with you. We are watching this topic; if you need to do this, check with the Port Authority police in advance (see discussion below).
Law Enforcement Officers Safety Act of 2004
- NYPD has issued a bulletin to it's officers regarding LEOSA. The current policy is to verify the identification of any officer from outside New York State in possession of a firearm. The firearm is to be confiscated for safekeeping pending that verification. More detail can be found here in this thread.
Last Notes
- All 5 district attorney's office in the City have a standing policy of not accepting plea bargains on weapons charges unless the offender takes jail time. For felony pistol possession (e.g., carrying a loaded gun outside your home), expect at least one year in the slammer. For the other, lesser violations, typical is a 3-4 weekend stay at Rikers. Weapons crimes are not taken lightly in NYC. For those visiting NYC from out of town, weigh this carefully if you decide to take a gun with you.
- In addition, certain Boroughs have instituted "gun court", a court that only hears weapons cases. A defendant stands very little chance of getting a fair trial in gun court and can expect harsh punishment.
Disclaimer regarding this thread:
This is an internet discussion thread and not a venue for receiving legal advice. You would be foolish to rely on the information in this thread for matters that involve determining whether your actions may put you in jail or not. The information in this thread is provided on an "as-is" basis and is not warranted in any respect, including for accuracy or for errors, and does not constitute legal advice on the laws of New York City, New York State or any other jurisdiction. If you need legal advice on any of these subjects you should hire a qualified attorney for those purposes.
Somewhere in all that I think they missed
"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."
Just my opinion, now back in my lane.
Airbornelawyer
01-24-2012, 13:59
There seems to be a rush to judgment in this thread, so I would caution our members that we really don't know the details of what actually happened. The only version of events provided in the linked story (and the NY Post story linked to within the Yahoo! story) appears to be that provided by the police, and it is light on details.
He was pulled over for running a red light at 2nd and 26th. To the lay person, "running a red light" is "running a red light", but most people outside New York City probably are not aware that making a right turn on red is "running a red light" in NYC. So if you were driving up 26th and pulled up to the light at 2nd, and made a right turn like you do in almost every jurisdiction in America, you just ran a red light. "No right turn on red" is not signed at NYC intersections - there is a sign to that effect along with all the other signs about local laws when you first enter NYC, but such signs are easily missed.
Alternatively, if he were driving south on 2nd Ave (it is one-way, southbound), he would have been on an avenue with synchronized traffic lights, timed to maintain the speed of 25 mph. So he likely ran a red light because it just changed on him. Still wrong, but hardly felonious conduct.
Then the articles say the police found the pistol and ammunition while searching his vehicle. No reason is given as to why they were conducting a search. For it to be a search incident to arrest, he would have to be under arrest, but nothing in the article states he was under arrest until after the search found the weapon. So, was he under arrest already, and if so, why? Missing details make skeptical minds nervous.
Then the article states: "During the arrest, Day was rambling incoherently and harped that he was a SEAL — but had no proof for cops." The Yahoo! article just rewrites this: "During the arrest, police claim Day was babbling incoherently and repeatedly claimed that he was an elite Navy SEAL with “top- secret clearance,” but was unable to provide any documentation for police." So the statements as to what he was saying and how he was behaving are entirely attributed to the police, who have no reason to lie, but also no reason to not spin their version to best support their actions. And did he have no proof that he was a SEAL, or no proof that he was in the Navy at all? Not that that makes any difference regarding the gun violation.
That they sent him to Bellevue seems to be evidence that he was incoherent, though. It should be noted, though, that getting sent to Bellevue for evaluation is not uncommon, and probably far preferable to going to the Tombs and getting caught up in the system. Since the Navy apparently came to pick him up a few hours later, and charges were deferred, the system appears to have worked to some extent.
"New York City Gun Law FAQ"
Having read the rather lengthy FAQ post concerning the laws of NYC concerning firearms possession it must be paradise there for the criminal element. This is another case of very poor judgment on the part of the Navy Seal, I hope in the end it all works out for him but I would not bet on it. I feel the same way about the Special Forcesd SFC who was busted in Texas for having the plastic explosives in his carry on baggage. I hate to see this happen to anyone who has attained the level of excellance that these service members have.
The Reaper
01-24-2012, 19:23
My question is; did he give consent to search his vehicle? As an LEO, I am always amazed at how many people will give consent when asked, even though they know they have drugs, guns or illegal items in the vehicle or on their person.
Exactly.
Repeat after me.
"No, officer, I do not consent to a search of my vehicle."
"Am I free to go?"
Why is it illegal for a non felon to have a firearm in NYC?
Because NYC invalidated the Second Amendment to the United States Constitution a long time ago, beginning with the Sullivan Act.
TR
Surgicalcric
01-24-2012, 19:39
...Then the article states: "During the arrest, Day was rambling incoherently and harped that he was a SEAL — but had no proof for cops."
Because its common to carry documentation of your rate/MOS and a current JPAS in your wallet... :rolleyes:
Crip
Originally Posted by Airbornelawyer: ...Then the article states: "During the arrest, Day was rambling incoherently and harped that he was a SEAL — but had no proof for cops."
That's what he gets for trading his "Black Ops" coin for ten minutes of oral bliss in a back alley with someone he met there in a club... :rolleyes:
Richard :munchin
BRAVO-SMASH
01-24-2012, 21:10
Because its common to carry documentation of your rate/MOS and a current JPAS in your wallet... :rolleyes:
Crip
A military ID is a start...
Surgicalcric
01-24-2012, 21:44
A military ID is a start...
The article didn't say that he didn't have his .mil ID, just that he didn't have proof that he was a SEAL, or at least thats what I understood.
Although the tone of the article on Yahoo news seems to suggest the author has an axe to grind with the LE agencies and gun laws in NY. There may be more to this story than what is currently available.
BRAVO-SMASH
01-24-2012, 22:04
There may be more to this story than what is currently available.
This is true. But it's just hard to place one's self in the situation... Being thrown into a ward for claiming to be a SEAL. Even if I decided to be an irate asshole with LEOs and claimed to be a Green Beret. Is that so far fetched for them to think I'm crazy and toss me in a room full of with freaks for evaluation?
For some reason "draconian" laws have always prevailed in NYC.
"The father of New York gun control was Democratic city pol “Big Tim “Sullivan — a state senator and Tammany Hall crook, a criminal overseer of the gangs of New York.
In 1911 — in the wake of a notorious Gramercy Park blueblood murder-suicide — Sullivan sponsored the Sullivan Act, which mandated police-issued licenses for handguns and made it a felony to carry an unlicensed concealed weapon.
This was the heyday of the pre-Prohibition gangs, roving bands of violent toughs who terrorized ethnic neighborhoods and often fought pitched battles with police. In 1903, the Battle of Rivington Street pitted a Jewish gang, the Eastmans, against the Italian Five Pointers. When the cops showed up, the two underworld armies joined forces and blasted away, resulting in three deaths and scores of injuries. The public was clamoring for action against the gangs.
Problem was the gangs worked for Tammany. The Democratic machine used them as shtarkers (sluggers), enforcing discipline at the polls and intimidating the opposition. Gang leaders like Monk Eastman were even employed as informal “sheriffs,” keeping their turf under Tammany control.
The Tammany Tiger needed to rein in the gangs without completely crippling them. Enter Big Tim with the perfect solution: Ostensibly disarm the gangs — and ordinary citizens, too — while still keeping them on the streets.
In fact, he gave the game away during the debate on the bill, which flew through Albany: “I want to make it so the young thugs in my district will get three years for carrying dangerous weapons instead of getting a sentence in the electric chair a year from now.”
Sullivan knew the gangs would flout the law, but appearances were more important than results. Young toughs took to sewing the pockets of their coats shut, so that cops couldn’t plant firearms on them, and many gangsters stashed their weapons inside their girlfriends’ “bird cages” — wire-mesh fashion contraptions around which women would wind their hair.
Ordinary citizens, on the other hand, were disarmed, which solved another problem: Gangsters had been bitterly complaining to Tammany that their victims sometimes shot back at them."
Read more: http://www.nypost.com/p/news/opinion/opedcolumnists/the_strange_birth_of_ny_gun_laws_QJmHRpczvWipydklC 80HYM#ixzz1kTJmgmST
Exactly.
"No, officer, I do not consent to a search of my vehicle."
And then they will arrest you for resisting arrest. Think stop and frisk, NYC is a police city...
Am I the only one who has been honked at/yelled at for failing to run a red light in the New York City area?
From what I observed, failure to run the red light when at all physically possible was considered bad form by the local inhabitants. I certainly found that cars behind me did not appreciate it if I failed to run a read light when there was space to do so. Moreover if I wanted the traffic to stop when I had a green light I found that I actually had to move out into traffic before they would stop.
I am just a bashful untraveled country boy so maybe my perspective is skewed. But my first thought upon reading this story was "they actually pull over people for running red lights in New York City?"
The Reaper
01-25-2012, 21:05
And then they will arrest you for resisting arrest. Think stop and frisk, NYC is a police city...
Refusing a warrantless search of a vehicle is not resisiting arrest, nor is it illegal.
Searching or detaining someone without consent or probable cause IS illegal.
So its not just the Second Amendment, they pretty much ignore the others as well in NYC?
TR
Refusing a warrantless search of a vehicle is not resisiting arrest, nor is it illegal.
Searching or detaining someone without consent or probable cause IS illegal.
So its not just the Second Amendment, they pretty much ignore the others as well in NYC?
TR
Indeed they do, it's been creeping martial law since 9/11, all in the name of safety. That said, Stop and Frisk(or warrant-less search of a person based on reasonable suspicion) is not illegal, see Terry v. Ohio[1]. This has been extended to include vehicles as well(Terry stop). IANAL, so I don't know how far this can be stretched(not that this has ever been a problem for NY anyway); RL/AL, care to comment?
[1]http://en.wikipedia.org/wiki/Terry_v._Ohio
Slightly OT: Speaking of Stop and Frisk and quotas: http://www.nypost.com/p/news/local/manhattan/cop_in_quota_fight_kEenYxsc4dHFpTU7FGbikN
Utah Bob
01-26-2012, 10:27
There seems to be a rush to judgment in this thread, so I would caution our members that we really don't know the details of what actually happened. The only version of events provided in the linked story (and the NY Post story linked to within the Yahoo! story) appears to be that provided by the police, and it is light on details.
He was pulled over for running a red light at 2nd and 26th. To the lay person, "running a red light" is "running a red light", but most people outside New York City probably are not aware that making a right turn on red is "running a red light" in NYC. So if you were driving up 26th and pulled up to the light at 2nd, and made a right turn like you do in almost every jurisdiction in America, you just ran a red light. "No right turn on red" is not signed at NYC intersections - there is a sign to that effect along with all the other signs about local laws when you first enter NYC, but such signs are easily missed.
Alternatively, if he were driving south on 2nd Ave (it is one-way, southbound), he would have been on an avenue with synchronized traffic lights, timed to maintain the speed of 25 mph. So he likely ran a red light because it just changed on him. Still wrong, but hardly felonious conduct.
Then the articles say the police found the pistol and ammunition while searching his vehicle. No reason is given as to why they were conducting a search. For it to be a search incident to arrest, he would have to be under arrest, but nothing in the article states he was under arrest until after the search found the weapon. So, was he under arrest already, and if so, why? Missing details make skeptical minds nervous.
Then the article states: "During the arrest, Day was rambling incoherently and harped that he was a SEAL — but had no proof for cops." The Yahoo! article just rewrites this: "During the arrest, police claim Day was babbling incoherently and repeatedly claimed that he was an elite Navy SEAL with “top- secret clearance,” but was unable to provide any documentation for police." So the statements as to what he was saying and how he was behaving are entirely attributed to the police, who have no reason to lie, but also no reason to not spin their version to best support their actions. And did he have no proof that he was a SEAL, or no proof that he was in the Navy at all? Not that that makes any difference regarding the gun violation.
That they sent him to Bellevue seems to be evidence that he was incoherent, though. It should be noted, though, that getting sent to Bellevue for evaluation is not uncommon, and probably far preferable to going to the Tombs and getting caught up in the system. Since the Navy apparently came to pick him up a few hours later, and charges were deferred, the system appears to have worked to some extent.
Agree. We don't have good intel on this yet. Taking someone in for evaluation ins not having them committed. Most states have a statute that allows someone who appears to be a danger to themselves or others to be held for a psych eval. I've done a number of those. It depends on how they're acting at the time of the contact and if they appear to present a hazard. I'd like to know why they searched the vehicle. Looks on the surface like he stepped on his crank and kept stomping.
I had a woman who appeared lucid when she came into the station to file a complaint about her earrings being stolen. A brief interview revealed she was a navy SEAL Star Ninja Qualified Undercover Operative whose credentials were locked up in the vault at CIA headquarters. Her earrings had been stolen by her neighbor's dogs (who were undercover agents for The Other Side). Nice lady otherwise. About 50. Looked like an average housewife.
As she didn't appear to be a danger to herself or the community, we just took her complaint and sent her on her way. If she'd been toting a piece that might have been a different story.
It's not a crime just to be nutz. Otherwise half the homeless guys in the park would be locked up.
And a few guys here.;)
:D