A man in upstate New York was arrested for violating one of the state’s new gun laws. What makes this an interesting story? The man arrested had a permit for the pistol and was carrying it legally.
Paul Wojdan was a passenger in a car that was recently pulled over for speeding in the town of Lockport, NY after a brief chase. When the officer had them pulled over, he asked if anyone had any firearms in the vehicle. Paul removed the holstered gun from the glove compartment and handed it and the permit for the gun to the officer. He was taken into custody after the officer inspected the magazine and saw that it had 10 rounds in it. The legal limit is only 7.
The Law is the New York Safe Act, and it comes with many tighter gun restrictions. It is legal to carry a weapon that has a 10 round magazine; however you may only have 7 rounds in that 10 round magazine. This 26 year old man will be charged with “unlawful possession of an ammunition-feeding device”.
In a legal memo prepared by the New York State Police, authorities need a probable cause to search the contents of the magazine.
“Unless there is probable cause to believe the law is being violated, there isn’t justification for checking a magazine to determine whether or not it contains more than 7 rounds,” states the “Guide to The New York Safe Act,” prepared by the New York State Police counsel’s office.“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,” he told the Buffalo News. “We usually run these by the DA’s office, but in this particular case, the officer didn’t have that luxury.”
The Police chief of Lockport, NY defended the officer and said that he acted appropriately.