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Judge tosses out SAFE Act charge against Lockport man - Says police violated Lockport manís rights
The Buffalo News (NY) ^ | February 26, 201 | Thomas Prohaska

Posted on 02/27/2014 5:52:37 PM PST by neverdem

LOCKPORT – Lockport police violated Paul A. Wojdan’s constitutional rights by counting the bullets in his gun and charging him with violating New York’s SAFE Act, Lockport City Judge William J. Watson ruled Wednesday.

Watson dismissed a misdemeanor charge against Wojdan, filed because the magazine of his 9 mm Ruger handgun contained 10 bullets, more than the limit of seven bullets per magazine under the Secure Ammunition and Firearms Enforcement Act.

On Dec. 31, 2½ months after Wojdan’s Oct. 12 arrest, Chief U.S. District Judge William M. Skretny ruled that the seven-bullet rule was unconstitutional, the only portion of the law he did not uphold in his New Year’s Eve decision on a legal challenge to the SAFE Act, the gun-control law passed by the State Legislature at the behest of Gov. Andrew M. Cuomo in January 2013.

However, Niagara County prosecutors kept working on the case against Wojdan until Watson ruled after a hearing that opening up the handgun’s magazine to count the bullets was an illegal search.

Wojdan, 26, of Parkwood Drive, Lockport, wasn’t all that happy after court, despite the dismissal of the criminal charge, because he won’t immediately get all his firearms back.

After Wojdan’s arrest, Niagara County sheriff’s deputies confiscated five other guns listed on his pistol permit, which also covered the Ruger.

“What does he gain keeping my guns?” Wojdan stormed as attorney James D. Tresmond tried to calm him. “I should have them back right now.”

Tresmond said he will file a motion before Niagara County Judge Matthew J. Murphy III for the return of the guns.

Wojdan was a passenger in a car driven by his wife at about 2 a.m. Oct. 12, when Lt. Adam Piedmont of the Lockport Police Department clocked it going 44 mph in a 30-mph zone on South Transit Street.

The car didn’t stop until Piedmont had followed it for about a mile and a half.

Piedmont was joined by Officer Daniel Barrancotta, who testified that he joined the chase when he heard the siren while waiting in the drive-thru lane at Mighty Taco.

Piedmont said he asked if there were any weapons in the car. Wojdan said there was one in a holster in the glove compartment, and his pistol permit was in the center console.

After ordering Wojdan and his wife out of the car, Piedmont said he directed Barrancotta to find the permit and the gun, which the patrolman quickly did. Piedmont then told Barrancotta to “make the gun safe.”

“My experience is, the best way to make a gun safe is to remove the magazine,” Piedmont testified.

Barrancotta said it was also the only way to check the serial number to match it against the list on the pistol permit, and to make sure there was no round in the firing chamber. There was not.

There is a row of what Piedmont called “observation holes” in the magazine, each numbered, with bullets visible through the holes.

“In observing the magazine, I did notice there were at least 10 rounds in the magazine,” Barrancotta testified. He then emptied the magazine.

“I did count rounds just to confirm our reasonable suspicion that there were more than 10,” Piedmont said.

Tresmond said, “Once the magazine is removed from the firearm, the firearm cannot fire. At that point in time, the search of the firearm should have ceased. But the officers went further. … It was a search without a warrant.”

Assistant District Attorney David A. Hoffman thought the officers’ action was permissible. He argued, “I think it’s reasonable for them to check the firearm and the magazine. They didn’t seek the number of rounds in it. They did it for officer safety.”

Watson ruled from the bench that the officers had a right to ask about weapons, given the prolonged pursuit of the car. “I think the officers had a lawful right to make the weapon safe,” Watson added. But when they started counting rounds, they went too far, the judge concluded.

Lockport Police Chief Lawrence M. Eggert said his department’s policies on checking guns will be altered where necessary.


TOPICS: Constitution/Conservatism; Crime/Corruption; Extended News; Politics/Elections; US: New York
KEYWORDS: andrewcuomo; banglist; billdeblasio; chirlanemccray; lockport; newyork; newyorkcity; safeact; secondamendment; wojdan

1 posted on 02/27/2014 5:52:37 PM PST by neverdem
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To: neverdem

I used to respect cops. But I’m beginning to think they are all pigs.


2 posted on 02/27/2014 5:57:41 PM PST by P-Marlowe (There can be no Victory without a fight and no battle without wounds)
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To: neverdem

Good to hear. Hopefully more and more judges will throw out cases and find these laws unconstitutional.


3 posted on 02/27/2014 6:00:10 PM PST by matt04
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To: neverdem
more Barbara Streisand, from the Marxist state of NY.

4 posted on 02/27/2014 6:01:25 PM PST by skinkinthegrass (The end move in politics is always to pick up a gun..0'Caligula / 0'Reid / 0'Pelosi)
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To: All

Cases that are thrown out today, will be enforced tomorrow. Too much bush back..... but as the frogs get acclimated to the new temperature in the pot, there will be less frogs jumping out.... and there you go!


5 posted on 02/27/2014 6:04:10 PM PST by Klemper
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To: Klemper

bush-back=PUSH BACK

My fingers are still frozen from being out at my workshop for two hours.... apparently I was printing fresh dollars for the regime LOL


6 posted on 02/27/2014 6:06:01 PM PST by Klemper
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To: neverdem

The NY judge “ruled that the seven-bullet rule was unconstitutional”.

a tiny beacon of hope in a sea of insanity


7 posted on 02/27/2014 6:07:22 PM PST by unlearner (You will never come to know that which you do not know until you first know that you do not know it.)
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To: neverdem

You don’t need 10 boolits to shoot a deeeeeeeeeah


8 posted on 02/27/2014 6:12:34 PM PST by Joshua (Jimmy is the reason for this)
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To: P-Marlowe
I used to respect cops. But I’m beginning to think they are all pigs.

I share your angst.

I spent 20 years in the MP Corps in the US Army and over 10 more in civilian law enforcement.

I've been retired for quite a while, now, but I've come to detest the sight of a cop.

The ones out there now are worthless.

Period.

I want nothing whatsoever to do with a cop, from any level, city up to federal.

They have completely and totally lost my respect and support.

9 posted on 02/27/2014 7:12:41 PM PST by OldSmaj (I am an avowed enemy of islam and obama is a damned fool and traitor. Questions?)
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To: neverdem

JBT award of the day.


10 posted on 02/27/2014 8:14:41 PM PST by Eagles6 (Valley Forge Redux)
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To: P-Marlowe

Maybe b/c thats what they are....


11 posted on 02/28/2014 6:51:47 AM PST by 556x45
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To: AdmSmith; AnonymousConservative; Berosus; bigheadfred; Bockscar; cardinal4; ColdOne; ...

> Lockport police violated Paul A. Wojdan’s constitutional rights by counting the bullets in his gun and charging him with violating New York’s SAFE Act, Lockport City Judge William J. Watson ruled Wednesday.

Thanks neverdem.


12 posted on 03/01/2014 9:55:02 AM PST by SunkenCiv (http://www.freerepublic.com/~mestamachine/)
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