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 Post subject: 1st case in NY of dude with more than 7 rounds in his mag
New postPosted: 19 Oct 2013, 13:33 
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http://www.buffalonews.com/city-region/ ... t-20131016

LOCKPORT – The City of Lockport Police Department has found itself under fire for enforcing an unpopular part of the New York Secure Ammunition and Firearms Enforcement Act, which limits how many rounds of ammunition may be carried in a standard magazine.

A Town of Lockport man who was a passenger during a traffic stop was charged when he turned over a loaded semiautomatic handgun in a holster from the glove compartment to an officer on Saturday. The gun was legal, but police say the 10 rounds of 9 mm ammunition found in the magazine were not, because they violated the state law that states it is unlawful for any person to knowingly possess a magazine with more than seven rounds. Exemptions are authorized only for firing ranges or Olympic, collegiate or other sanctioned shooting competitions. Active-duty police officers are also exempt.

Paul A. Wojdan, 26, of Parkwood Drive, was charged with unlawful possession of an ammunition-feeding device and posted $250 bail. An arraignment is scheduled for today in City Court.

Lockport Police Chief Lawrence M. Eggert said this is the first time city police have made an arrest involving the New York SAFE Act and admitted they were getting compared to Nazis on social media.

“One of the comments said, ‘When are you going to start loading people into cattle cars?’ ” said Eggert.

But he said the department’s role is to enforce the law, whether it is popular or not.

“It’s on the books, and if we see it, we have to do something about it,” Eggert said.

Capt. Michael Niethe said the magazine was inspected after the car was pulled over after midnight on South Transit Street near Strauss Road by Officer Adam Piedmont. He said the driver led the officer on a brief chase from the City of Lockport into the Town of Lockport.

According to police, the driver, Tanisha D. White, also of Parkwood Drive, was charged with speeding, failure to stop for an emergency vehicle and being an unlicensed driver.

“Officer Piedmont asked if they had any weapons in the car, and luckily [Wojdan] said yes and handed over a gun from the glove compartment. He had a permit, so he was allowed to have the gun, but he had too many rounds of ammunition in the gun,” said Niethe.

New York State Police released a field guide for troopers in September regarding the law, which includes sections on magazines and definitions of an assault weapon.

The guide informs troopers they must have probable cause of criminal activity to inspect magazines: “If an officer has probable cause to believe that a particular magazine is unlawful, he or she may seize and inspect it. If there is founded suspicion of criminal activity, the officer may ask for consent to check the magazine. However, the mere existence of a magazine, which may or may not be legal, does not provide probable cause to believe that any law is being broken.”

In the State Police manual, it says that if a person produces a permit and there is no indication of unlawful conduct, an inspection is unnecessary, and troopers are told to secure the weapon temporarily for the duration of the stop and return it to the motorist at the conclusion of the encounter.

Eggert said the law was still new and that local police are looking at it on a case-by-case basis.

“We certainly are not going to just stop a car and ask for a permit so we can check the number of bullets in the magazine,” Eggert said. “We usually run these by the DA’s office, but in this particular case, the officer didn’t have that luxury. He had to make a decision on the fly – and it’s the law, and there’s nothing wrong with that decision.”



A good analysis of the situation here http://blog.simplejustice.us/2013/10/18 ... more-18654

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 Post subject: Re: 1st case in NY of dude with more than 7 rounds in his ma
New postPosted: 19 Oct 2013, 14:31 
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Jury trial and hope for nullification.

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 Post subject: Re: 1st case in NY of dude with more than 7 rounds in his ma
New postPosted: 19 Oct 2013, 14:59 
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But he said the department’s role is to enforce the law, whether it is popular or not.

“It’s on the books, and if we see it, we have to do something about it,” Eggert said.


I thought that defense of your actions was found wanting at Nuremburg.

When my Dad was a cop he felt free to ignore any law he thought was unjust or stupid.


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 Post subject: Re: 1st case in NY of dude with more than 7 rounds in his ma
New postPosted: 19 Oct 2013, 17:59 
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Flash wrote:
But he said the department’s role is to enforce the law, whether it is popular or not.

“It’s on the books, and if we see it, we have to do something about it,” Eggert said.


I thought that defense of your actions was found wanting at Nuremburg.

When my Dad was a cop he felt free to ignore any law he thought was unjust or stupid.


They don't like cops questioning those in power now a days.


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 Post subject: Re: 1st case in NY of dude with more than 7 rounds in his ma
New postPosted: 19 Oct 2013, 23:32 
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He said the driver led the officer on a brief chase from the City of Lockport into the Town of Lockport. According to police, the driver, Tanisha D. White, also of Parkwood Drive, was charged with speeding, failure to stop for an emergency vehicle and being an unlicensed driver.

Wonder what their definition of "chase" is, but why is it always the assclowns that get to be the test case?


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 Post subject: Re: 1st case in NY of dude with more than 7 rounds in his ma
New postPosted: 20 Oct 2013, 05:00 
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hardmack wrote:
[i]
Wonder what their definition of "chase" is, but why is it always the assclowns that get to be the test case?



Cause they be the only ones stupid enough to be caught. ;)


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 Post subject: Re: 1st case in NY of dude with more than 7 rounds in his ma
New postPosted: 20 Oct 2013, 06:01 
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Flash wrote:
But he said the department’s role is to enforce the law, whether it is popular or not.

“It’s on the books, and if we see it, we have to do something about it,” Eggert said.


I thought that defense of your actions was found wanting at Nuremburg.

When my Dad was a cop he felt free to ignore any law he thought was unjust or stupid.


You stole my thunder. :D Spot on...just following orders.

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 Post subject: Re: 1st case in NY of dude with more than 7 rounds in his ma
New postPosted: 20 Oct 2013, 11:34 
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Quote:
“Officer Piedmont asked if they had any weapons in the car, and luckily [Wojdan] said yes and handed over a gun from the glove compartment. He had a permit, so he was allowed to have the gun, but he had too many rounds of ammunition in the gun,” said Niethe.


Ok, everybody, let's practice:
"Do you have any weapons in the car?"
"No."

I'm sad that it has come to this, having to lie to the police, but when laws are unjust, you have a moral duty to violate them.
"Do you have any Jewish ancestry?"
"Are you hiding any runaway slaves?"
"Are you keeping or bearing arms?"
"Do you have any drugs in the car?"
"Are you now or have you ever been a member of the Communist Party?"

You have a Constitutional right not to incriminate yourself. If the only way to avoid incriminating yourself (like, for example, for the crime of having too many cartridges in a magazine), then lie. Lie like a Clinton.

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 Post subject: Re: 1st case in NY of dude with more than 7 rounds in his ma
New postPosted: 20 Oct 2013, 11:50 
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Why couldn't the cop just have stripped 3 rounds out, handed them to the law-abiding citizen, handed over the rest of the package, and sent him on his way?

Enforcing stupid rules that they KNOW is stupid, just reinforces the gestapo perception.

ETA: Besides which, the only thing the officer needed to do was know that this person had the right to be armed.
If (and only if) he was acting within bounds of what NY perceives as proper, he only needed to secure the weapon during the stop, and returned it to the owner at the conclusion of the stop. He had no right/need to remove the magazine and inspect it.

:(


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 Post subject: Re: 1st case in NY of dude with more than 7 rounds in his ma
New postPosted: 20 Oct 2013, 14:10 
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PonchoTA wrote:
Why couldn't the cop just have stripped 3 rounds out, handed them to the law-abiding citizen, handed over the rest of the package, and sent him on his way?

Enforcing stupid rules that they KNOW is stupid, just reinforces the gestapo perception.



This is what most reasonable cops would have done...


Or he would have just "forgot" that the new law was in effect.

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 Post subject: Re: 1st case in NY of dude with more than 7 rounds in his ma
New postPosted: 22 Oct 2013, 15:45 
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BOOM*Splat* wrote:
PonchoTA wrote:
Why couldn't the cop just have stripped 3 rounds out, handed them to the law-abiding citizen, handed over the rest of the package, and sent him on his way?

Enforcing stupid rules that they KNOW is stupid, just reinforces the gestapo perception.



This is what most reasonable cops would have done...


Or he would have just "forgot" that the new law was in effect.




Perhaps the standing orders at that department are different than they were when I was a patrolman (then again this has been 15 years for me since then) but when I was on the street we were only required to arrest on domestic violence cases, per state statute, anything else was completely discretionary. Unless the passenger was just being an a-hole I can't think of anyone in my old department that would've ever arrested them for something stupid like that.
Where I was from you had to have a CCW permit to carry concealed and we always ran across people on traffic stops that did not have one but it was almost unheard of to arrest anyone for that unless they were being problematic in someway. Normally the situation would go down like this:
Good evening, I stopped you for XYZ, do you have a license?
Yeah here you go.
Any guns in the car?
Yeah got a pistol in the glove box.
Permit?
No.
How come?
I don't know...
Okay, just keep her hands were I can see 'em, be right back...
(3 mins later after warrant chk)
Here's your license, slow the phuk down, work on that permit, have a good night...

That's how 99.5% of those encounters always ended for us, unless the guy was being a douche at which point he was probably going to get hooked up for something anyway, but even if he came back with an active warrant and we arrested on that it was extremely rare to ever see a pistol without a permit charge added on. Then again this was Southern culture compared to Northern culture from the article. Another reason I would never work or live north of the Mason-Dixon line


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