A chink in the anti-gun armor of NY’s SAFE act came in the form of a recent ruling by a NY Municipal Court Judge. The Judge’s ruling clearly limits the power of the police to arrest and charge citizens for violating the SAFE Act. If this ruling holds, the police will be significantly handcuffed in their ability to enforce and prosecute the SAFE Act. The Police have to find just cause for investigating a gun to see if it has 7 rounds in the magazine
Here is a highlight from guns.com on the significance of this case:
He was backed up by the September 2013 New York State Police guide to SAFE Act enforcement which states: “Unless there is probable cause to believe the law is being violated, there is no justification for checking a magazine to determine whether or not it contains more than 7 rounds.”
The judge agreed and dismissed the case, however Wojdan’s firearms, which were seized by the Niagara County Sheriff’s office in October, were not immediately returned.
Wojdan’s attorney said he will file a motion before Niagara County Judge Matthew J. Murphy III for the return of the guns, meanwhile the Lockport Police Department is reviewing their procedures.