By Jacob Gershman
An upstate New York man was arrested for violating the state’s new gun law. What makes this case unusual is that the gun in question was legal and wasn’t involved in a crime. The man faces up to a year in prison for loading it with too many bullets.
Paul Wojdan was a passenger in a car that was pulled over for speeding in the city of Lockport, N.Y., last weekend after a brief chase, according to the Buffalo News. Law Blog couldn’t immediately reach him for comment.
After the officer inquired if there were any weapons inside the vehicle, the man handed over a holstered gun from the glove compartment. Mr. Wojdan had a permit for the gun, the newspaper reported. But he was taken into custody after the officer inspected the magazine and saw that it contained 10 rounds of ammunition, exceeding the legal limit by three bullets.
Under the New York Safe Act, a package of stricter gun restrictions approved this year, it’s legal to possess a magazine that can store 10 rounds of ammunition, but that magazine may not be loaded with more than seven rounds.
The 26-year-old man was charged with unlawful possession of an ammunition-feeding device.
According to a legal guidance memo prepared by the New York State Police, authorities need probable cause to inspect the contents of a 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.
Lockport’s police chief, Lawrence Eggert, said the officer acted appropriately.
“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.”
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