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“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.
Sounds like a test case for the courts to hear if this magazine limit is constitutional. I hope he fights it all the way. I wonder how many cartridges were in the police officer's magazine...
Well it is unconstitutional, but question is how the court will find it. The court is unpredictable.
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.
I liked one of the comments in the article. Guy says, "So now I carry two guns." Carry 3 and you'd have 21 rounds.
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]
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?
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 .
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 .
So anybody still believe the police won't enforce this un-constituitional, unlawful legislation ?