Posted on 10/22/2013 3:04:27 PM PDT by neverdem
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.”
The 2nd Amendment is the law of the land
and totally ignored
A—HOLES !!
When the shoe fits Eggert ... keep blindly following Nazi orders and see what happens.
A paco’pricks.
...and next they came for the three “extra” rounds...
...and then they came for...
In some way, I really do not feel any sympathy for the people of NY...I’ll be watching how things turn out for you guys in the future...Not much any of us can do for ya down here...
I looked up Oxymoron and there it was: Tanisha D. White
“In some way, I really do not feel any sympathy for the people of NY...I’ll be watching how things turn out for you guys in the future...Not much any of us can do for ya down here...”
The biggest problem we have in addition to our NY Government is the historically low housing costs. I have 6.5 acres and a 2100 sq foot home 3bdr, 2 bath, 30’ high great room, which is assessed at less that 200K but we pay 5K+ in taxes.
If I were to be able to sell this house, most areas of the country would be double if not triple that in cost.
I'm really tired of hearing that. You can have an opinion on the SAFE Act and I'd, no doubt, agree with you. But 40%-45% of New Yorkers are opposed to it. I know, I know, you'll say that we should all just pick up and leave our friends, families, jobs, and homes because the political climate sucks.
Stop tarring us with the nonsense coming from what comes out of the majority tyranny here. We don't necessarily deserve the government we get.
and admitted they were getting compared to Nazis on social media.
Perchance not to insult those of that National Party of Socialists, but the fact is
Nationalsozialistische Deutsche Arbeiterpartei means: National Socialist German Workers Party
Those are the facts – the Nazis were Socialists.
Try the rural deep south.
You’ll save a bundle on property taxes too.
I no longer consent to your governance. It has been proven a failure from stem to stern.
Here’s a thought.
Don’t make incriminating statements (5th Amendment).
Don’t give permission to search (4th Amendment).
You have the right to keep and bear arms (2nd Amendment).
You have the right to shut up (1st Amendment)
That’s such crap. They ignore the law whenever they want. They enforce only what they want to enforce.
“That’s such crap. They ignore the law whenever they want. They enforce only what they want to enforce.”
Judges are the worst. They make law out of whole cloth.
A retired Trooper friend was fond of saying, “The law is whatever a judge says it is.”
We who live in upstate and western NY are being over-run by the nit-wits who live south of the Westchester county line.
Albany is over-run by the communists who live in Metro NYC. They outnumber us by a small, but powerful majority who until a few years ago were third worlders and have no lyalty ot America, only to Obastard and the welfare state.
I've read that, if upstate were to become a separate state, it would be the second poorest in the nation after Mississippi. So be it, the welfare trash would all move to NYC anyways and we could maybe get on with our lives without having to move to Carolina or Vegas.
NO, IT IS NOT!
Your PRIMARY responsibility is to UPHOLD AND DEFEND THE CONSTITUTION. Whether YOU like that OR NOT! Your PAYYEEECHECK BE DAMNED!
Hey BUNG FACE, TO GET YOUR JOB, YOU PLEDGED AN OATH TO THE CONSTITUTION, REMEMBER THAT STUPID?
Police on the street have LOTS of DISCRETION on what they do OR DON'T DO. So don't give me that BS that your "hands were tied."
That's a COP OUT AND A LIE. Plain and simple.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.