Article

2010-02-23 -Lurid Crime Tales-

Harlem Store Uses 12-gauge On Four Violent Armed Robbers

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Posted by Anonymoose 2010-02-23 10:05|| || Front Page|| [5 views ] Top

#1 if Augusto is hit with a charge, it will be a minor one

Shooting robbers out of season? Not having a robbery in progress stamp on his license? And what's with the license for a long gun?

Posted by SteveS 2010-02-23 11:48|| 2010-02-23 11:48|| Front Page Top

#2 Kaplan Brothers Blue Flame - Ask Gus about free deliverance.

Posted by Besoeker 2010-02-23 11:56|| 2010-02-23 11:56|| Front Page Top

#3 Moose-
I thought this story sounded familiar. It's from Friday, August 14th 2009, 5:07 AM

Posted by penguin 2010-02-23 11:58|| 2010-02-23 11:58|| Front Page Top

#4 My mistake. It is old news. However, you have to admit that it does give the warm and fuzzies.

Posted by Anonymoose 2010-02-23 12:17|| 2010-02-23 12:17|| Front Page Top

#5 No harm. I love reading about great Americans.

Posted by Besoeker 2010-02-23 12:19|| 2010-02-23 12:19|| Front Page Top

#6 >They went from Manhattan to Harlem to commit robbery?

Lots of taxpayer robbing bandits in Manhattan.

Posted by Bright Pebbles 2010-02-23 12:42|| 2010-02-23 12:42|| Front Page Top

#7 "Shooting robbers out of season? Not having a robbery in progress stamp on his license? And what's with the license for a long gun?"

In New York City, the only people allowed to have a firearm of any sort aside from cops are criminals. They have the strictest gun laws in the country so most law abiding citizens don't have them.

Posted by Phinetle Squank7785 2010-02-23 15:58|| 2010-02-23 15:58|| Front Page Top

#8 A permit issued by the Firearms Control Section of the Police Department's License Division is required to possess a rifle or shotgun in New York City. The applicant must submit 4 photos taken within 30 days of application, be fingerprinted, and submit 2 affidavits from persons setting forth his good character. The fee for a rifle and shotgun permit and renewal is $55. The permit is valid for 3 years and is subject to automatic renewal, upon sworn application, and without investigation, unless the Police Commissioner has reason to believe that the status of the applicant has changed since the previous application.

It is unlawful for a person to possess a rifle or shotgun unless he is the holder of a permit as well as a certificate of registration, issued by the Firearms Control Section of the Police Department's License Division for each rifle or shotgun. There is no fee for the certificate of registration; the board keeps a file of all current and past holders of permits and certificates of registration.

The following persons may not obtain a permit to possess a rifle or shotgun:

1. Persons under 18

2 . Convicted felons or those convicted of certain misdemeanors unless a certificate of good conduct has been obtained.

3. Persons not of good moral character.

4. Persons who have suffered any mental illness or been confined to any hospital or institution, public or private, for mental illness.

5. Persons not now free from any mental disorders, defects or diseases that would impair the ability to safely posses or use a rifle or shotgun.

6. Persons for which just cause exists for the denial of the permit.

No later than 30 days from the submission of the application, unless the police commissioner determines more time is needed for an investigation and then it shall not exceed 60 days, the Commissioner shall issue the permit or shall notify the applicant of the denial of the application and the reason or reasons.

If an application for a permit is denied, the applicant can submit an appeal to the Police Department's License Division. A further appeal can be submitted to the Commanding Officer of the License Division.

Any person holding a valid license to carry a concealed weapon in accordance with the provisions of the New York Penal Law will be issued a shotgun or the rifle permit upon application and payment of the $55 fee.

The following persons may possess rifles and shotguns without a permit or certificate:

1. Persons under 18 when in the actual presence or under the direct supervision of an adult who possess a permit.

2. Persons in military service.

3. Peace officers.

4. Non-residents in transit.

5. Members of an accredited civilian rifle club who were given rifles obtained through the DCM.

6. Members of a rifle team representing an educational institution.

7. Persons transporting rifles and shotguns as merchandise.

8. Persons who possess antique rifles and shotguns, defined as those manufactured prior to 1894 and replicas which are not designed to fire fixed ammunition, or for which fixed ammunition is not commercially available.

9. Inheritance whether by testamentary bequest or by the laws of intestacy, except that the person who receives or acquires said rifle or shotgun is subject to obtaining a permit as well as a certificate of registration. If the heir or legatee of the owner of such a rifle or shotgun does not qualify to possess the rifle or shotgun, the rifle or shotgun may be possessed by the heir or legatee for the purpose of sale for a period not exceeding 180 days or further limited period beyond the 180 days as may be approved by the commissioner, extensions in no event to exceed a total of 90 days.

Any New York City resident acquiring a rifle or shotgun outside the city shall make application for a permit and certificate of registration within 72 hours after bringing such weapon into the city. Pending the issuance of such permit and/or certificate the rifle or shotgun must be deposited at the nearest police precinct.

Non-residents in transit who are carrying rifles and shotguns with them are exempt from the permit and registration requirements provided they remain In New York City for only 24 hours and the rifles and shotguns are at all times unloaded and in a closed case, or in a locked automobile trunk.

Only a rifle or shotgun owner with a permit is allowed to possess ammunition suitable for the registered rifle or shotgun and is allowed to possess an ammunition feeding device for the registered rifle or shotgun, but not to exceed 5 rounds capacity.A permit issued by the Firearms Control Section of the Police Department's License Division is required to possess a rifle or shotgun in New York City. The applicant must submit 4 photos taken within 30 days of application, be fingerprinted, and submit 2 affidavits from persons setting forth his good character. The fee for a rifle and shotgun permit and renewal is $55. The permit is valid for 3 years and is subject to automatic renewal, upon sworn application, and without investigation, unless the Police Commissioner has reason to believe that the status of the applicant has changed since the previous application.

It is unlawful for a person to possess a rifle or shotgun unless he is the holder of a permit as well as a certificate of registration, issued by the Firearms Control Section of the Police Department's License Division for each rifle or shotgun. There is no fee for the certificate of registration; the board keeps a file of all current and past holders of permits and certificates of registration.

The following persons may not obtain a permit to possess a rifle or shotgun:

1. Persons under 18

2 . Convicted felons or those convicted of certain misdemeanors unless a certificate of good conduct has been obtained.

3. Persons not of good moral character.

4. Persons who have suffered any mental illness or been confined to any hospital or institution, public or private, for mental illness.

5. Persons not now free from any mental disorders, defects or diseases that would impair the ability to safely posses or use a rifle or shotgun.

6. Persons for which just cause exists for the denial of the permit.

No later than 30 days from the submission of the application, unless the police commissioner determines more time is needed for an investigation and then it shall not exceed 60 days, the Commissioner shall issue the permit or shall notify the applicant of the denial of the application and the reason or reasons.

If an application for a permit is denied, the applicant can submit an appeal to the Police Department's License Division. A further appeal can be submitted to the Commanding Officer of the License Division.

Any person holding a valid license to carry a concealed weapon in accordance with the provisions of the New York Penal Law will be issued a shotgun or the rifle permit upon application and payment of the $55 fee.

The following persons may possess rifles and shotguns without a permit or certificate:

1. Persons under 18 when in the actual presence or under the direct supervision of an adult who possess a permit.

2. Persons in military service.

3. Peace officers.

4. Non-residents in transit.

5. Members of an accredited civilian rifle club who were given rifles obtained through the DCM.

6. Members of a rifle team representing an educational institution.

7. Persons transporting rifles and shotguns as merchandise.

8. Persons who possess antique rifles and shotguns, defined as those manufactured prior to 1894 and replicas which are not designed to fire fixed ammunition, or for which fixed ammunition is not commercially available.

9. Inheritance whether by testamentary bequest or by the laws of intestacy, except that the person who receives or acquires said rifle or shotgun is subject to obtaining a permit as well as a certificate of registration. If the heir or legatee of the owner of such a rifle or shotgun does not qualify to possess the rifle or shotgun, the rifle or shotgun may be possessed by the heir or legatee for the purpose of sale for a period not exceeding 180 days or further limited period beyond the 180 days as may be approved by the commissioner, extensions in no event to exceed a total of 90 days.

Any New York City resident acquiring a rifle or shotgun outside the city shall make application for a permit and certificate of registration within 72 hours after bringing such weapon into the city. Pending the issuance of such permit and/or certificate the rifle or shotgun must be deposited at the nearest police precinct.

Non-residents in transit who are carrying rifles and shotguns with them are exempt from the permit and registration requirements provided they remain In New York City for only 24 hours and the rifles and shotguns are at all times unloaded and in a closed case, or in a locked automobile trunk.

"Only a rifle or shotgun owner with a permit is allowed to possess ammunition suitable for the registered rifle or shotgun and is allowed to possess an ammunition feeding device for the registered rifle or shotgun, but not to exceed 5 rounds capacity.

Posted by GirlThursday 2010-02-23 17:30|| 2010-02-23 17:30|| Front Page Top

#9 source: www.nraila.org/gunlaws/nyc.aspx

Posted by GirlThursday 2010-02-23 17:32|| 2010-02-23 17:32|| Front Page Top

#10 Makes me glad I live in Idaho.

Anyone know the disposition of Augusto's case?

Posted by tipover 2010-02-23 18:02|| 2010-02-23 18:02|| Front Page Top

#11 No charges for Augusto. The surviving thugsters copped pleas...

Posted: Wednesday, 27 January 2010 9:44PM

2 Guilty in Harlem Shop Holdup Stopped by Owner

NEW YORK (AP) -- The two surviving members of a group of would-be stickup artists thwarted by a shotgun-wielding business owner pleaded guilty Wednesday to robbery.

Shamel McCloud, 21, and Bernard Witherspoon, 22, were among four men who tried to hold up the Kaplan Brothers Blue Flame Corp. at gunpoint in August. Police said one of the restaurant supply store's employees was pistol-whipped before 72-year-old proprietor Charles Augusto Jr. fired the weapon he had gotten after an armed robbery 30 years before.

McCloud and Witherspoon were wounded. James Morgan, 29, and Raylin Footmon, 21, were killed.

McCloud and Witherspoon are expected to get 5-year prison terms at their sentencing, set for March 11. McCloud's lawyer, Scott E. Leemon, called the episode a "drastic mistake" for McCloud. Witherspoon's lawyer didn't immediately return a telephone call.

Augusto said by phone Wednesday that he had hoped they would not be punished too harshly and feared prison would "mess them up."

Augusto, who wasn't charged with any crime, said he hoped never to use his 12-gauge shotgun in such circumstances again. But he remains prepared, should armed robbers strike a third time at the business where he has worked for nearly 50 years."If they come around, it's them or me, I'm not going to take that," he said.

Posted by tu3031 2010-02-23 18:49|| 2010-02-23 18:49|| Front Page Top

#12 8. Persons who possess antique rifles and shotguns, defined as those manufactured prior to 1894 and replicas which are not designed to fire fixed ammunition, or for which fixed ammunition is not commercially available.

So shutter guns are legal in NY?

Posted by SteveS 2010-02-23 20:29|| 2010-02-23 20:29|| Front Page Top

#13 So what NYC is saying is that you should have a black powder .44 six-shot carbine, and a double-barreled black powder 12 gauge and you are cool. Cabela's sells both via the mail.

Posted by Shieldwolf 2010-02-23 23:23|| 2010-02-23 23:23|| Front Page Top

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