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Hilton resident pleads guilty to weapon charge for possessing high capacity magazine with live ammunition

By Howard B. Owens

A 33-year-old man from Hilton accused of illegally possessing a semiautomatic .223-caliber rifle and large capacity magazine in violation of New York State law while in Byron in March entered a guilty plea this morning to a single felony count of criminal possession of a weapon, 3rd.

Under terms of the plea deal, if Charles S. Ganoung IV, avoids criminal legal trouble for the next year while on probation, his plea can be reduced to a misdemeanor, criminal possession of a weapon, 4th.

He would then serve two more years on probation.

Deputies arrested Ganoung March 25 while in the course of an unrelated investigation when Ganoung was found with rifle, which deputies said was unregistered and equipped with a telescoping stock, pistol grip, detachable high-capacity magazine, loaded with 28 live rounds, flash suppressor/muzzle break and a bayonet mount. 

The Army veteran admitted to the second count of the indictment, the one dealing with the large capacity magazine, in Genesee County Court this morning but made no other statements.

Sentencing is scheduled for Jan. 24.

Christopher Putnam

right of the people to keep and bear Arms, shall not be infringed.

in·fringe
inˈfrinj/
verb
past tense: infringed; past participle: infringed

actively break the terms of (a law, agreement, etc.).
"making an unauthorized copy would infringe copyright"
synonyms: contravene, violate, transgress, break, breach; More
disobey, defy, flout, fly in the face of;
disregard, ignore, neglect;
go beyond, overstep, exceed;
infract
"the statute infringed constitutionally guaranteed rights"
antonyms: obey, comply with
act so as to limit or undermine (something); encroach on.
"his legal rights were being infringed"
synonyms: restrict, limit, curb, check, encroach on; More
undermine, erode, diminish, weaken, impair, damage, compromise
"the surveillance infringed on his rights"
antonyms: preserve

Sounds like he has been infringed to me. His ability to keep and bear arms has been modified, changed, or restricted.

Oct 31, 2017, 7:18pm Permalink
Destin Danser

Absolutely ridiculous. So he’s a felon in this state for owning something that is guaranteed to him by the US constitution. If he was two hours south across an imaginary line in Pennsylvania he wouldn’t be breaking a single law

Allowing the individual states to control this is ridiculous. “Shall not be infringed” is pretty clear and simple to me.

I need to get out of this totalitarian state. It’s out of control.

Nov 1, 2017, 8:29am Permalink
Randy Sliker

Destin I did just That 3 years ago and Moved to Free WV eastern Panhandle ! I have been keeping an eye on the Abuses by the Ny Liberals against the good and honest citizens of NY! I read these stories with sadness and think How Lucky I am to be out of the Hole they call NY.. Just yesterday I was shooting My AR15 Carbine In My back yard One I built from a parts kit using a Standard cap 30 Rnd Mag total cost $350 Bucks ! I will offer help to any gun owner seeking to Immigrate to WV as a political refugee !!! No Pistol permits needed to CCW and No gun bans of any kind --The only crime is Drugs like Batavia has and That has a liberal element faction to it as Liberals are soft on Drug usage-Eliminate Narcan and the Problem will cure itself !! I remember when I was In Albany -14000 Patriots descending On the State capitol demanding a repeal of the safe act Kuomo got in the state helicopter and went to NYC with his buddies for the day !! Keep up the good fight I fear its for naught !

Nov 1, 2017, 9:38am Permalink
Tim Miller

"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."

People seem to conveniently forget the "A well regulated Militia" part.
Freedom of speech is not completely unabridged - the usual example being "yelling 'FIRE' in a crowded theater." It is perfectly reasonable to weigh the rights of others to live against an imagined unabridged right to bear Arms.

Now - the STAMP act was an overreach on some/many levels. I'm still waiting for the courts to overturn parts of it. But to simplistically declare "right of the people to keep and bear Arms, shall not be infringed" is, well, simplistic.

Nov 1, 2017, 10:59am Permalink
david spaulding

and what happens when you're labeled a felon? you are not allowed to vote and you are not allowed to own a firearm.... land of the free and home of the brave.... they want us to be helpless in New York.

Nov 1, 2017, 5:24pm Permalink
Tim Miller

I'll check the P&T link later, Ed... Thanks for posting it.

As to the felon situation - there are penalties for breaking the law. As long as the courts are open and fair (that can be a separate discussion), if you are found guilty of a felony you may lose some rights.

Nov 1, 2017, 5:40pm Permalink

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