080516 DRUG COURT2

The Judge has read the Constitution

Via Guns

A municipal court judge in New York ruled Wednesday that Paul Wojdan’s rights were violated when police counted the number of rounds in his handgun and then charged him with violations under the SAFE Act.

Lockport City Judge William Watson dropped misdemeanor charges against Wojdan, which stemmed from an October 2013 encounter with Lockport Police officers.

At a traffic stop Wojdan was found to have 10 rounds in the magazine of his legally owned pistol, in violation of the SAFE Act’s arbitrary seven-round limit.

Between the time that Wojdan was arrested and his court date this week, a Federal Judge ruled that New York’s seven-round limit was unconstitutional.

Wojdan was a passenger in a car driven by his wife that was stopped on suspicion of speeding. During the stop, when asked if he had any weapons, Wojdan advised officers that there was a loaded Ruger 9mm semi-automatic handgun in the car, inside a holster in the glove compartment.

Wojdan, 26, is a licensed pistol permit holder and the gun was legally obtained. To verify the serial number on the handgun, Lockport Police Officers Daniel Barrancotta and Adam Piedmont unloaded it.

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