A man in New York was arrested for having 3 bullets too many in his handgun. His main crime? Living in New York, a state which passed the unconstitutional “SAFE act” which outlaws guns from holding more than 7 rounds. And while criminals ignore the law and carry as many rounds as they want, law abiding citizens like this have been turned into criminals themselves.
Buffalo News reported that a routine traffic stop turned into reasonable cause to search the passenger’s gun. Paul A. Wojdan, 26, was the passenger in a car when the vehicle was pulled over for speeding. The officer asked if there were any weapons in the car and that’s when Wojdan answered affirmatively and was asked to produce the handgun that was in a holster in the glove compartment at the time.
The 9mm handgun was inspected by the officer for “reasonable cause” even though the gun was perfectly legal and had never been used in a crime. Keep in mind that in the state of New York it is still legal to have a magazine in a gun that can hold more than 7 rounds, it just can’t actually have more than 7 rounds in it.
Exemptions to the “7 bullet rule” apply only to those at a shooting range and of course police officers. So the police officer with a gun with more than 7 bullets arrested the citizen whose only crime was having 3 bullets too many, which was still probably less bullets than the officer had in his gun.
Wojdan was charged with unlawful possession of an ammunition-feeding device and posted $250 bail. An arraignment is scheduled for today in City Court.
When NY first passed the “SAFE act” many wondered if NY police would actually enforce the law, but with more incident’s being reported like this, it’s clear that the only way to fight this law is to remove the anti-gun politicians in the state and replace them with true defenders of the 2nd amendment.
“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.”
More and more we are seeing 4th amendment rights being attacked so that 2nd amendment rights can be taken away. The man in this story was not the one speeding. He merely owned a gun legally, and because he had the number of rounds that most every other gun in the country has he was arrested.