I am, and section 265 and 400 of the penal code will be enforced against the person who committed the most violations and least likely to be able to defend himself in court, the child.MotherBear wrote:I'm not familiar with NY law, but logic (yes, I realize that's in short supply in NY) seems to indicate the robbers should be charged with making the weapon available to a minor. I could live with that.FL450 wrote:I hope boy isn't charged for a minor being in possession of an illegal gun.
The home invaders can't be charged under section 400 because it specifically states "lawfully possessed" and they didn't, but the child can because he handled the gun without a license, and "A Misdemeanor."
Under 265, same thing, but adding 265.05, 265.03 due to 265.05, and 265.08 due to 265.03 and all this due in part to the new 265.36, the kid will be tried and convicted of a Clsss C Felony.
No reason to expect any difference from Andy Cuomo.