Matthew Winchell, Esq.

Matthew Winchell, Esq. Focusing on 2nd Amendment law, criminal defense, and military law!

07/24/2024

Facebook is clearly censoring everything surrounding the 2nd Amendment. Dave had his page shutdown for no reason and lost his entire audience.

Please consider liking his page and following what he puts out.

⁉️Two questions: (1) why do we allow this; and (2) where does the tyranny end⁉️This is pure insanity. First, states star...
07/19/2024

⁉️Two questions: (1) why do we allow this; and (2) where does the tyranny end⁉️

This is pure insanity.

First, states start raising the age to buy ci******es to twenty-one. Now, they are starting to raise the age to buy ammo.

Here’s my problem, people can literally sign up to join the military at age seventeen and ship off to basic training before reaching the age of majority.

When I was 19, I was given a gun and sent to Baghdad with “high capacity magazines.” If that was today, I would not be able to buy ammo for a shot gun 😂 What a joke.

Hawaii Gov. Josh Green on Wednesday signed 17 "public safety" bills into law including one that bars adults aged 18-to-20 from purchasing ammunition under most circumstances.

This is an open letter meant to remind the United States Government the actual purpose of the 2nd Amendment. As much as ...
07/18/2024

This is an open letter meant to remind the United States Government the actual purpose of the 2nd Amendment.

As much as the anti-gun population wants to say it’s for hunting, we know the truth about the actual purpose.

****ms

07/17/2024

Back in April I received two tickets from the Automated Work Zone Speed Enforcement Program. These tickets are written by the Department of Transportation.

Once I received the notice in the mail I immediately appealed both tickets, to none other than the Department of Transportation.

The appeals were denied the following week, nice of them to write the ticket and decide the appeal in the matter of less than a month. I’m sure my appeal was seriously considered though 🫠

Afterwards I reached out to Manlius Town Court to get a hearing on the schedule to further dispute these charges. The Judge put the case on and notified both parties of the date, time, and location of the hearing.

I was facing fines of nearly $150 for both infractions, but no one showed up to prosecute the case and both were dismissed!

These laws are unconstitutional, and people are paying the fines to not have to deal with it. But, these fines are progressive and get expensive.

If you have questions about them please reach out!

07/12/2024

‼️This is VERY IMPORTANT‼️

Under New York State Penal Law Section 265.03(2), a person is guilty of Criminal Possession in the 2nd Degree when (2) such person possesses five or more fi****ms.

This is a Class C VIOLENT Felony, it carries a maximum of 15 years in state prison even for a first time offender.

What does that mean for you? Are you headed to the range with more than five weapons at a time? If you are, you could be charged under this section of the Penal Law.

This is why it’s important to know these laws and keep the conversation going!

07/11/2024

Very happy to announce that I have joined the Armed Citizens' Legal Defense Network as an affiliated attorney!

They provide assistance to members facing criminal charges for acts of self-defense with fi****ms. They also provide various other services including access to their trainings, abilities to ask attorneys questions, and access to their monthly published journal.

If you have never heard of them, I suggest you check them out!

There’s so much to unpack here, I’ll be brief.I’ll start off with this, I am glad that Justice Sotomayor was not hurt. S...
07/10/2024

There’s so much to unpack here, I’ll be brief.

I’ll start off with this, I am glad that Justice Sotomayor was not hurt. She may not have even been the target of the car jacking, the kid may have just been in the area targeting any vehicle he could find.

Clearly the kid was armed and he was met with equal force from a lucky shooting Marshall. Who, by the way, shot four times and only hit the kid once in mouth. Lucky shot.

What this shows us, in the 2nd Amendment world, is the importance of being able to carry for self protection. Marshalls are obviously able to carry anywhere, unlike us common people. But, what if this happened to a family that was unable to defend themselves? Someone would’ve been killed, no doubt. Further, what if the carjacking would’ve taken place in a “sensitive location?”

Justice Sotomayor may not like it, but this is a classic example of why the 2nd Amendment is so important.

A U.S. Marshal while on duty outside Justice Sonia Sotomayor’s residence shot an attempted carjacker last week, court and police records show. The documents indicate an 18-year-old suspect pu…

Kathy Hochul is screaming from her throne in the sky. No way would this fly in New York State, how would this machine co...
07/09/2024

Kathy Hochul is screaming from her throne in the sky. No way would this fly in New York State, how would this machine conduct the proper background check necessary when purchasing these dangerous things?

I think it’s a great idea, let’s push to get these installed throughout the state.

Machines stocked with ammunition have been installed in several grocery stores across the United States.

This weekend I was in New York City for a Yankee game. Before leaving the city we went to Times Square, and my fiancé no...
07/08/2024

This weekend I was in New York City for a Yankee game. Before leaving the city we went to Times Square, and my fiancé noticed this sign. Obviously, I needed to snap a picture of it and give an opinion.

New York City, in its infinite wisdom, has classified a huge portion of the city as a “Gun Free Zone,” under the guise of the sensitive location theory that was addressed in Bruen.

If you think these liberal District Attorney Offices won’t charge you for carrying a weapon in these sensitive locations, you are sorely mistaking. You will be charged with a felony and will have serious consequences surrounding your pistol permit throughout the process.

This is why I am a strong believer that the 2nd Amendment runs hand-in-hand with criminal defense, the exercise of 2nd Amendment rights is being criminalized.

Happy Treason Day, brought to you by ordinary citizens wielding modern technology!
07/04/2024

Happy Treason Day, brought to you by ordinary citizens wielding modern technology!

A few months back I wrote an article and submitted it to USCCA for consideration in their Concealed Carry Magazine. I am...
07/03/2024

A few months back I wrote an article and submitted it to USCCA for consideration in their Concealed Carry Magazine.

I am happy to share the article that was published in their most recent edition!

2nd Amendment work runs hand in hand with criminal defense work, as you can see from the article.

I hope you enjoy it, if you have questions please feel free to comment or shoot me a message!

Last week I presented a webinar on Red Flag Laws. Many attorneys refuse to defend peoples’ rights under the 2nd Amendmen...
07/02/2024

Last week I presented a webinar on Red Flag Laws.

Many attorneys refuse to defend peoples’ rights under the 2nd Amendment because they feel it is a second class right.

To me, it will always be a top priority. I hope you enjoy, if you have any questions, please feel free to reach out!

In this webinar, Matthew Winchell, Esq. provides an overview of the Red Flag Laws and what prevents individuals who show signs of being a threat to themselve...

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