2 Rounds Over and You Go To Jail

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With the breathtaking speed that the new gun control hysteria is taking the country, what is legal today may not be tomorrow. Case in point, just ask Gregory Dean, resident of the great state of New York. He just found out that two rounds of ammunition could separate him from being a legal gun owner to a criminal. How is this possible? Keep reading...

The event

Law abiding citizen, 31-year old Gregory Dean of Hopewell Junction, New York was pulled over for improper equipment (his license plate light was unlit). Now Dean legally had a personally owned a properly registered .40S&W handgun on the seat of his car when this legal stop occurred. In the interest of officer safety, the troopers who pulled Dean over temporarily took custody of the weapon and inspected it. It was then that the officers found out that Dean had a shocking nine (9) rounds of ammunition in the weapon. In most states, this isn't a problem.

Heck in my own state (Mississippi) if you only have nine rounds in your handgun its considered being downright miserly.

Nevertheless, Mr. Dean wasn't in Mississippi, or Texas, or even 2012 New York. He was in post Secure Ammunition and Firearms and Enforcement Act (SAFE Act) New York-- and he is in trouble.

New York's Crazy New Law

You see in its infinite wisdom to help keep the populace at large (that's you) safe and secure, the State Legislature of the Empire State (with lots of help from NYC and Albany based anti-gun groups) rushed through the SAFE Act earlier this year. This law, which is being hard fought by the movie industry of the state, all counties except for two, and Pro-2A groups of every stripe, is one of the most restrictive ever adopted by any state of the Union.

Among the new parts of this law are a mandatory registry (for future confiscation?) of all incorrectly defined 'assault weapons' in the state, mandatory background checks on those who buy ammunition, possible HIPAA law violations of those with mental health issues, and (last but not least) a restriction on guns with a detachable magazine to just 7-rounds of ammunition.

2 Rounds Over and You Go To Jail - christophereger - sd-2-bullets-1167.jpg

The outcome

According to the Washington Times, "Mr. Dean was arrested on unlawful possession of ammunition, and on aggravated unlicensed operation, as well as charges stemming from his traffic violation, police said in the paper."

Hopefully he can lawyer up and fight this.

For the rest of you guys out there, be sure of what your local laws are, as they 'are-a-changing' with stunning rapidity. What is legal this month may be illegal next. The SAFE Act itself only took effect in the past few months meaning that if Dean would have been pulled over in 2012, he would have been given his pistol back and never heard anything else about it.

Incrementalism at work. Watch this space for more updates.

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7 COMMENTS
Posted: 
May 22, 2013  •  06:07 PM
I'm in New York and the story I read is that he had his weapon only half-covered on the passenger seat. He could have avoided his immediate personal problem by being more circumspect.

Why would a person want to allow a police to see that he has a weapon?
 
Posted: 
May 22, 2013  •  10:03 PM
The problem is with the trooper! I have over 30 years in LE and the use of discretionary judgment is the problem here. The trooper could have simply told him the law had changed and he was only supposed to have 7 rounds in the mag (a warning). This law is obviously unconstitutional and the trooper violated his oath of office when he arrested this man!
 
Posted: 
June 6, 2013  •  01:47 AM
seems to me the search was unlawful.
 
Posted: 
June 9, 2013  •  04:43 PM
They are real close to passing some kind of BS here in Nevada. Makes you really wonder how many law abiding citizens may become criminals over night. Guess if they force us to be criminals we may have to start acting like criminals and see how much they like that. Only by force will they get my guns and I'll be gone in the process so will never see it. That is unless I run out of that hard to come by ammo.
 
Posted: 
June 12, 2013  •  12:14 AM
It would be nice if we as firearm owners could both afford to help defend our rights thru organizations such as the NRA but also help provide financial assistance to people such as this man. In situations where the court case outcome could set precedent it is in our best interests to assist in providing competent legal counsel.

I realize the law had changed in NY and everyone is responsible for knowing the laws but there are other issues that could be presented in cases such as these such as the constitutional legality of the law itself.
 
Posted: 
June 16, 2013  •  03:33 PM
According to the Tresmond law firm who was on with Tom Baurle WBEN radio host, the law may be interpreted as only 7 rounds in the weapon! Not even the magazine! And unfortunately LEO's cannot be trusted to not do their job even though there are many rumors about the law not being supported. I am just waiting to get my chance to leave the state. I only hope by the time that happens that there is still somewhere that the second ammendment is adhered to. NYS is not one of those places and I am not trusting the courts to overturn anything. There is just too many cases of bribery and coercion between the politburo. You read about the representatives being censured or arrested for bribery and then nothing changes NYS is corrupt, in my opinion, and its from the top down... Federal, State, etc.
Until voters change who gets in and I am not absolutely positive they are "voted in", we will not get the change we need.
 
Posted: 
July 5, 2013  •  10:17 AM
Just remember these things when voting season is upon us
 
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