Article: Man Arrested for Loading Legal Gun With Too Many Bullets

It's really sad to see this happen, This is not something america should copy from Australia. Our gun control is literally the one thing I wouldn't copy over if I had to choose all our negative aspects. The reason I say this is because in my state (Tasmania), someone was pulled over, they found an un-registered firearm in his car, arrested him and threw him in jail. He was raped in jail, before there was even a trail and subsequently killed himself. It was known at the time, though the police chose to ignore it, that it was his brothers gun and he didn't even know it was in the car. Trust me when I say,things like that are going to start happening a lot in America, especially new york.
 
Poor bastard probably didn't expect to become a test case when he woke up that morning.

Thank god for Officer Adam Piedmont and Capt. Michael Niethe - true heroes keeping all of us safe.

“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.
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Lockport police catch flak for SAFE Act arrest - City & Region - The Buffalo News

Yeah - lucky indeed.

Based on the link it sounds like it may have been an illegal search:

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.
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Hopefully the DA will decline to prosecute like what happened to the other guy earlier this year.
 
edhead35 said:
Well it is unconstitutional, but question is how the court will find it. The court is unpredictable.
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They won't want it to go to court because it might get struck down. They'll see it goes away or gets settled. They'd rather have their tool of intimidation and pay millions in civil suits (since it's not their money anyway and none of them will be fired) than actually have to try and defend the law in court.
 
xtry51 said:
They won't want it to go to court because it might get struck down. They'll see it goes away or gets settled. They'd rather have their tool of intimidation and pay millions in civil suits (since it's not their money anyway and none of them will be fired) than actually have to try and defend the law in court.
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Settled law is settled law. Except when it isn't. Maybe they will call the ban a tax on the 10 rounds only allowing you to have 7.
 
Well this will be interesting to say the least, I predict this is going to be very slow moving case,

I hope a update will be posted about this when more on the case develops, but I won't hold my breath,

Best of luck to this guy, give'em hell
 
Any LEO's or LEO friendly people here willing to suggest as I would that maybe if the guy was not running from the law ("brief chase") that the cop would not have pressed the issue? [Flame suit on]
 
PaulR said:
Any LEO's or LEO friendly people here willing to suggest as I would that maybe if the guy was not running from the law ("brief chase") that the cop would not have pressed the issue? [Flame suit on]
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No doubt that played a role in how amped up the cops were, but this guy wasn't driving, he was a passenger. That amounts to a pass as far as the chase is concerned.
 
SO these are not NY compliant then??

m16mag_zps902fe2f1.jpg
 
What sort of man gets out of bed in the morning, puts on a uniform, and goes out to charge his fellow man with the crime of counting to ten rather than seven? These are despicable people. Where would the cowards who pass these laws be without their army of men just following orders?
 
From what I've read it seems like a lot of the cops out side of the city think its bullshit and said they won't enforce these laws. There where great town meeting videos posted of the chefs of small towns standing up and telling the gov (when they where doing town meeting ) they would not enforce them .
 
economist said:
What sort of man gets out of bed in the morning, puts on a uniform, and goes out to charge his fellow man with the crime of counting to ten rather than seven? These are despicable people. Where would the cowards who pass these laws be without their army of men just following orders?
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Bingo.

Sent from Buck's antlers. Yes, they have secret built-in antennas.
 
economist said:
What sort of man gets out of bed in the morning, puts on a uniform, and goes out to charge his fellow man with the crime of counting to ten rather than seven? These are despicable people. Where would the cowards who pass these laws be without their army of men just following orders?
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Answer 1) People who need to be bleached from the gene pool
Answer 2) Dead due to natural selection long ago.
 
warwickben said:
From what I've read it seems like a lot of the cops out side of the city think its bullshit and said they won't enforce these laws. There where great town meeting videos posted of the chefs of small towns standing up and telling the gov (when they where doing town meeting ) they would not enforce them .
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I'll believe it when I see it.
 
warwickben said:
From what I've read it seems like a lot of the cops out side of the city think its bullshit and said they won't enforce these laws. There where great town meeting videos posted of the chefs of small towns standing up and telling the gov (when they where doing town meeting ) they would not enforce them .
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Sporadic and unpredictable enforcement isn't any better than total enforcement, just different. There's something to be said for knowing what you might get charged with when you leave your house each day.
 

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