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RegisterStar.com
Posted: Friday, May 24, 2013 12:30 am | Updated: 10:36 am, Fri May 24, 2013.
By Gail Heinsohn For Hudson-Catskill Newspapers

D.A. drops first SAFE Act charge in county

District Attorney Paul Czajka dropped a state SAFE Act charge Thursday in county district court against Hopewell Junction resident Gregory Dean Jr., who was the first person charged in the county under the controversal law since it was enacted last month.

Czajka told Town Justice Jessica Byrne that he would not prosecute the SAFE act violation.

.......“The SAFE Act is something that I think a lot of us are unhappy about,” Spilbor said. “The D.A. took the legs out of the SAFE Act for this particular case.”

Dean was stopped by state police May 12 in New Lebanon for a license-plate bulb that was out. During the motor vehicle stop, police allegedly found Dean in possession of a handgun with a magazine that contained nine bullets, instead of the legal amount of seven under the new law, which went into effect April 15. Dean has been quoted as saying that he was unaware of the law.

D.A. drops first SAFE Act charge in county - Hudson Catskill Newspapers: News
 

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I'm glad the law isn't being enforced this time around but I wonder if the DA is doing his job by doing that?
 

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Good.
 

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I'm glad the law isn't being enforced this time around but I wonder if the DA is doing his job by doing that?
DAs have to evaluate each case on its own merits. He never said he wasn't going to enforce this law, he just said he wasn't going to prosecute this case. Big difference. So, is he doing his job? Absolutely!! Part of his job is to evaluate how many resources are going to be committed to a certain case depending on the likelihood of a conviction. Apparently, he didn't think the risk/reward was there.
 

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DAs have to evaluate each case on its own merits. He never said he wasn't going to enforce this law, he just said he wasn't going to prosecute this case. Big difference. So, is he doing his job? Absolutely!! Part of his job is to evaluate how many resources are going to be committed to a certain case depending on the likelihood of a conviction. Apparently, he didn't think the risk/reward was there.
Thanks for the clarification. I'm glad he's doing what he is supposed to do with this. I don't like to see a precedent set for men going rogue and only enforcing the laws they agree with. Got to let the process work or get it changed.
 
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I'm glad the law isn't being enforced this time around but I wonder if the DA is doing his job by doing that?
DA's get a lot of discretion in which cases they prosecute. In this case, all to the good. Police kind of get screwed in that regard. I wonder if the police were doing inventory on the vehicle, wrote down without thinking that there was a magazine with nine rounds, then were like "crap - I guess we better write him up for that too, or we'll get in trouble.". I doubt they were saying "my God! NINE ROUNDS! We stopped a dangerous lunatic today, folks, good job out there." :smile:
 
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Glad to hear it.
 

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It never should have been a law,to begin with..They are trying to treat adults like children.That said,if you are going to carry a firearm,you should know the laws.
 

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I think there should be a webcam in Bloomberg's office so we have immediate notification when his head does, in fact, implode.
If only we were so lucky. The implosion, I mean.

Though, the enemy you know ...
 

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RegisterStar.com
Posted: Friday, May 24, 2013 12:30 am | Updated: 10:36 am, Fri May 24, 2013.
By Gail Heinsohn For Hudson-Catskill Newspapers

D.A. drops first SAFE Act charge in county

District Attorney Paul Czajka dropped a state SAFE Act charge Thursday in county district court against Hopewell Junction resident Gregory Dean Jr., who was the first person charged in the county under the controversal law since it was enacted last month.

Czajka told Town Justice Jessica Byrne that he would not prosecute the SAFE act violation.

.......“The SAFE Act is something that I think a lot of us are unhappy about,” Spilbor said. “The D.A. took the legs out of the SAFE Act for this particular case.”

Dean was stopped by state police May 12 in New Lebanon for a license-plate bulb that was out. During the motor vehicle stop, police allegedly found Dean in possession of a handgun with a magazine that contained nine bullets, instead of the legal amount of seven under the new law, which went into effect April 15. Dean has been quoted as saying that he was unaware of the law.

D.A. drops first SAFE Act charge in county - Hudson Catskill Newspapers: News
I know we all have a problem with lot of these ridiculous laws but how many times have we heard that ignorance is no excuse? I think the guy got lucky and if he decides to continue carrying then he should do a little reading on the laws in the state he lives in. We may not like the laws, but unfortunately they ARE laws and to go around ignoring them would not put up the best image for a rational dispute.
 

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So I guess he gets his stuff back? Everybody's happy with the human face of infringement? Maybe everybody knows there's a test case coming sooner rather than later, and Dean just doesn't want to be it.
 

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As I understand it, "too many boolits" in your 10-rd mag in NY is a misdemeanor, with max penalty of $200. I guess the DA decided it wasn't worth the political firestorm sure to follow, especially given that the whole SAFE act is headed to court, and very likely will be ruled unconstitutional. Indeed, many NY Sheriffs have put their opposition to the law in writing...putting them in direct opposition to Gov "You don't need ten bullets to kill a deer" Cuomo.
 

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Perhaps the DA recognized an illegal search for a light bulb stop? This is why you politely say, "No," when the LEO asks to check your vehicle.
 

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I'm glad the law isn't being enforced this time around but I wonder if the DA is doing his job by doing that?
Looks to me like the DA is doing a fine job.
 

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The DA was just using the same precedent as used by the Washington D.C. DA when it refused to prosecute David Gregory (NBC) for being in possession of an illegal AR-15 magazine during his interview with Wayne LaPierre.
 

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Perhaps the DA recognized an illegal search for a light bulb stop? This is why you politely say, "No," when the LEO asks to check your vehicle.
Exactly. Unless the police have probable cause, or at least reasonable suspicion, that you have commited a crime they can not conduct a search of your vehicle. Therefore, if they are asking for your permission to search your vehicle they have neither.
 

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I know we all have a problem with lot of these ridiculous laws but how many times have we heard that ignorance is no excuse? I think the guy got lucky and if he decides to continue carrying then he should do a little reading on the laws in the state he lives in. We may not like the laws, but unfortunately they ARE laws and to go around ignoring them would not put up the best image for a rational dispute.
He's now "on file" (in the system) as having been stopped in violation of the 7-bullet statute. In future stops of any sort, or even simple tailing by an LEO searching his vehicle tag info, I'm betting that fact will pop up on the in-car system the LEO is running. Any bets on the likelihood of his being stopped in future, just to check that he's conforming??
 
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