First person charged with too many bullets in gun under NY SAFE ACT

[BSA1]

JIM, WEST PA,

If you will reread my post the vehicle they were looking for was a red pickup with multiple occupants leaving town.

NOT a red pickup with one person coming into town.

Not even a close match.

He knew as well as I the tag light violation was b.s. as my state uses reflective tags.

 

[pseudonymity]

He is not the first person to actually violate the safe act, he is the first person to get arrested though. It is not surprising that the person who first got arrested also.

1) failed to keep car in proper working order
2) failed to keep his drivers license valid
3) drove even though he is prohibited

He is not the first person arrested on violations of the new laws, that distinction goes to Bill Greene in the town of Moreau. This person happened to be violating rule #4: being present in the 107th Assembly district of NY state. Bill Greene was arrested in the 43rd Senate district.

I will not bore you with the details of NY politics, but the public approval ratings of the Governor who pushed this travesty through have tanked since its passage. The state police who made both these arrests are part of a LE force that is headed by a superintendent that is appointed by the governor, not elected. The State Police budget comes directly from the state legislature.

There are 62 counties in NY state, but the first two arrests were done by State Police in two of the counties that are represented by two of the most vocal oppenents to the SAFE act - Kathy Marchione (43rd Senate) and Steve McLaughlin (107th assembly).

Perhaps in your state the law is equally applied, but here in NY, the law is just another tool to punish those who oppose your will.

 

[herrwalther]

If the trooper had more than 7 rounds in his own magazine, he was breaking the same law he arrested the driver for breaking. The NY 'SAFE' Act does not exempt LEOs from the ridiculous magazine restrictions.

Under the original SAFE Act that is correct. However as I read it and followed it, not having a LEO exemption was a big oops for the Governor. Latest news I have found show police officers sort of exempting themselves until the law gets the official exemption since Cuomo said he would work to get the law amended.

 

[Solo]

Latest news I have found show police officers sort of exempting themselves until the law gets the official exemption since Cuomo said he would work to get the law amended.

Gotta love selective enforcement.

 

[Double Naught Spy]

If the trooper had more than 7 rounds in his own magazine, he was breaking the same law he arrested the driver for breaking. The NY 'SAFE' Act does not exempt LEOs from the ridiculous magazine restrictions.

Under the Quick Links in the lower right corner of this page, under Law Enforcement Exemptions, this pops up when clicked...
http://www.governor.ny.gov/nysafeact/gun-reform

The SAFE Act ensures that the men and women serving in law enforcement are able to carry out their duties. Law enforcement will continue to be able to possess assault weapons and high capacity magazines in order to protect New Yorkers. Law enforcement will also be able to possess those weapons and magazines where they are needed without limitation. Retired law enforcement will be subject to the same exemptions under federal law that existed before the SAFE Act.

According to here, LEOs are exempt...
http://www.foxnews.com/politics/201...law-after-concern-about-exemption-for-police/

It would appear that they are specifically exempted by another law 265.20[1][c]. http://www.waynecosheriff.org/peace officer exempt memo.pdf
http://codes.lp.findlaw.com/nycode/PEN/THREE/P/265/265.20

265.20[1][c] was not nullified by the Safe Act and is still in effect.

 

[pseudonymity]

If the trooper had more than 7 rounds in his own magazine, he was breaking the same law he arrested the driver for breaking. The NY 'SAFE' Act does not exempt LEOs from the ridiculous magazine restrictions.

No, they stuffed that exemption in with the budget so that it could not reasonably be discussed without holding up the fiscal health of the entire state. The details are in S2607D part FF if anybody cares. LEO are now exempt, after all, some animals are more equal than others.