phill4paul
03-01-2014, 07:11 AM
BY JOE OLENICK
Niagara Gazette
Niagara Gazette — Police officers went too far when they counted the bullets in Paul A. Wojdan's gun, City Judge William J. Watson ruled Wednesday as he dismissed the charge against Wojdan for violating New York's SAFE Act.
During a hearing in Lockport City Court, Watson threw out the misdemeanor charge against Wojdan, which was filed because the magazine of his Ruger 9 mm pistol contained 10 bullets. That exceeds the SAFE Act’s restriction of seven bullets in a magazine.
Now, Wojdan wants all six of his firearms back. After his arrest, the Niagara County Sheriff’s Office confiscated all of the guns listed on his pistol permit. Attorney James Tresmond will file a motion before Niagara County Judge Matthew J. Murphy III for the return of the guns.
During the traffic stop, Watson said, police had the right to ensure their safety by taking the magazine out of the pistol — but they went too far when they saw how much ammunition was in the weapon without a warrant.
http://www.niagara-gazette.com/local/x1196460023/SAFE-Act-charges-dismissed-against-Lockport-man
Niagara Gazette
Niagara Gazette — Police officers went too far when they counted the bullets in Paul A. Wojdan's gun, City Judge William J. Watson ruled Wednesday as he dismissed the charge against Wojdan for violating New York's SAFE Act.
During a hearing in Lockport City Court, Watson threw out the misdemeanor charge against Wojdan, which was filed because the magazine of his Ruger 9 mm pistol contained 10 bullets. That exceeds the SAFE Act’s restriction of seven bullets in a magazine.
Now, Wojdan wants all six of his firearms back. After his arrest, the Niagara County Sheriff’s Office confiscated all of the guns listed on his pistol permit. Attorney James Tresmond will file a motion before Niagara County Judge Matthew J. Murphy III for the return of the guns.
During the traffic stop, Watson said, police had the right to ensure their safety by taking the magazine out of the pistol — but they went too far when they saw how much ammunition was in the weapon without a warrant.
http://www.niagara-gazette.com/local/x1196460023/SAFE-Act-charges-dismissed-against-Lockport-man