It looks like even though Governor Cuomo got his way when the NY SAFE Act was passed (without even being read by the legislature), the district attorneys in New York are following through with their threatened refusal to prosecute anyone under the new laws. A couple days ago a man was arrested for having two “extra” bullets in his magazine above the new legal limit. Now WNYT is reporting that the district attorney in charge of prosecuting the case has indeed refused to go forward with the charges . . .

From WNYT:

The Columbia County District Attorney is making good on a promise not to prosecute a man arrested under the SAFE Act.

DA Paul Czajka told NewsChannel 13 he would not prosecute Gregory Dean Jr.

Dean was pulled over earlier this month after police say the light over his license plate was out.

Police say he also had a gun in his car.

While they say it was possessed legally, it had nine rounds of ammunition, which exceeds the state’s new limit of seven rounds.

80 Responses to NY DA Refuses to Prosecute Man for SAFE Act Mag Cap Violation

  1. I hope Cuomo and Bloomberg are having nightmares right now. I hope this reaches the White House and Obama and Biden sh!t themselves when they see that even New York may be a loss for them.

  2. It’s called jury nullification when it makes it to court. What do you call this?

    I mean, besides justice.

    • The formal term is “prosecutorial discretion”. In this case the prosecutor did right by We the People.

    • Good place for info on how to nullify an unconstitutional law when you are on a jury: http://fija.org (Fully Informed Jury Association).

      One caution: DO NOT, under any circumstances, tell the judge or any other jury members that you will follow the Bill of Rights, no matter what the “law” says. Do NOT try to convince the other jurors to folow the Constitution during jury deliberations. That will get you thrown off the jury immediately, and removed from any future participation in a jury pool. Instead, go with the “feelings” argument: “I dunno, I just don’t FEEL that the prosecution proved it beyond a reasonable doubt. I can’t explain why – I just FEEL that way.” Judges and lawyers are happy to have stupid jurors, but they are death on jurors who believe in the Constitution.

      • Damn, that’s sad. Hey, the left started all this feeling sh!t, so I suppose that’s poetic justic. Or in the case of the Constitution, real justice.

  3. While NY will not be a loss for them (NY is damned), it should be a big loss come the 14′ midterms.
    Wonder what the stupid libtards would do if he had 8 rounds in a 15 round magazine, or 11 in a 15 rnd mag?

    • Hey, I’m what you would call a “stupid libtard” and I’m glad the DA isn’t prosecuting. Keep calling liberals (and everyone for that matter) names and see what kind of culture you create. Not a cooperative one I’ll tell ya that much!

      • Bullshat, you vote for the Obamas and Bloombergs and are directly responsible for their tyranny and corruption. You are selling out our Constitution and then expecting us to be nice to you? Give me a break!

  4. This will be an interesting test for Gov. (D – petty tyrant) Cuomo. He has the power to remove sheriffs who don’t toe the line, and there’s surely legal or extralegal ways to remove / ruin / otherwise destroy DAs who don’t do what he wishes…my question is “how far is he willing to go?” since he seems to think he has a national political future. I think he might burn a DA or two, since if he still thinks he’s got a future on a national level after SAFE, he’s deluded enough to do it.

    • I assume you’re talking about him running for President. I don’t think he can win by carrying 7 crazy states.

      • Well, if those 7 crazy states include:
        – California (38 million)
        – New York (20 million)
        – Illinois (13 million)
        – New Jersey (9 million)
        – Massachusetts (7 million)
        – Maryland (6 million)
        – Connecticut (3 million)
        they comprise 96 million people which is about 31% of the U.S. population and hence electoral college votes. Obummer only needed to carry 6 more states to win the last election. And in the previous election, those extra states were:
        Florida (19 million)
        Pennsylvania (13 million)
        Ohio (11 million)
        Michigan (10 million)
        Washington (7 million)
        Colorado (5 million)

        In my opinion Obummer is the worst president in history and yet the U.S. re-elected him. If our once great nation re-elected Obummer, they are capable of electing anyone with a D next to their name. And given the fact that a candidate only needs to carry 13 populous states, there is a very good chance that whoever wins the next Democratic primary will be the next President of the U.S.

  5. We all need to start contacting the public officials that are doing the right thing and tell them we notice and they are doing a good job. It shouldn’t be to hard, there aren’t many of them.

  6. The enforcement of the law in this case is most definitely absurd: turning the most law abiding (concealed carriers) into criminals, at the cost of taxpayers for prosecution and incarceration. Cuomo and Bloomberg have stayed in the high seat too long and have lost their minds.

  7. Nice to see someone in government stand up against the effort by the Progressives to squash the Bill of Rights. It is also probably good for the agency he works, for one of the beginning cases will end up going through the gambit of courts all the way to the supreme court, which will cost an enormous amount of money. Most government entities will not want to spend millions for a case they will ultimately lose anyway.

  8. I have to disagree with this decision, these cases need prosecuted so these laws can get off the books after people see how stupid they are. It’s great that right now this one DA is choosing to ignore the laws but what about next time? Or under a different DA? There is no intent clause here or with David Gregory breaking the law in DC. He should have been charged to only show how ridiculous a law of possessing an empty piece of plastic and metal is to a reasonable person.

    • 10 of one 10 of the other, pick your poison because the screams of the internet, public and social opinion sure seem to carry weight with these emotional based creatures.

      So the question is, which is better for the police intended target/victim, prosecution and the cost of the fight, or the common sense of the DA as in a Castle Doctrine defense so the victim doesnt have to spend thousands of dollars before they are found innocent by a jury trial as even then getting your money back you spent to defend yourself is at best a litigous and PITA process if it even happens!

    • Th discretion could have easily started at the officer level – I do that every single working day when I’m making enforcement stops.

  9. Actually, not prosecuting weakens the law by providing evidence of selective enforcement. While it is certainly in the national interest to get a constitutional ruling (in our favor) nothing guarantees that it would be a broad ruling, much less that it would go in our favor. As a resident of said slave state, I have a direct interest in this law’s failure.

    • not to mention the example that this DA (Paul Czajka) has set for his peers, now if the other DA[s] can take courage from his action? we could see something truly great happen in NY. just sayin!

  10. Why are police arresting for violations of the SAFE Act in jurisdictions where the DA has said he will not prosecute?

    • “police say the light over his license plate was out.”
      which means they were fishing for something on this guy, or they pulled him over to mess with him and thought his gun would look good in their collection.

      • a lot to be said for maintenance on your vehicle, the burned out light is an old ploy[by police legally] to pull someone over and go “phishing” not sure if NY is a 1) shall notify or 2) may notify [not sure of the correct legal term?] but if it’s #2 then NOT TALKING IS YOUR BEST FRIEND

  11. Nullification! I love it, nyers don’t ditch your jury duty you can nullify unconstitutional laws from the comfort of your jury seat! An unenforced law isn’t much of a law.

  12. I tend to agree with Chris. They know a challenge to a frivolous case such as this is exactly what will bring this ridiculous law down.

  13. We need to get some contact information and give this guy some support before he gets all the flak he is bound to receive…

  14. The next question is, will the judge let the 9-bullets-in-the-magazine guy keep his pistol license and thus his handguns, now that he won’t be prosecuted.

    • When they ran his tag the data on his gun permit came up. They were fishing. This is the true motive for registration and they will try to use it to confiscate guns.

    • Because he allowed them to search his gun, when they had no probable cause that a crime was being committed.

      • And if he had said no, that would have GIVEN THEM probable cause.

        If the cops want to search you, they will do it–with or without your permission. The only difference is where you get to be during the search. With permission, you stand off to the side. Without, you sit in the back of the cruiser, in handcuffs, while they call the drug dogs and tear your car to shreds.

    • Be careful listening to some of the people on this site… they are not only completely ignorant of the law, but they just want to try and LEO-bash.

      The trooper stopped the car for a valid equipment violation. He arrested the guy for driving without a license. He had to tow the car off the road, and so had to inventory the vehicle and found the gun. He could not leave the gun in the vehicle and probably had to unload it for submitting into property.

      Did he have to charge the guy? Don’t know. But he didn’t stop the car to go fishing for 2 rounds. It came about because the guy was driving without a license.

  15. On the other hand, what would be really cool is to have the DA expend the county cost of prosecuting and putting this in front of a jury. Put exhibit A, seven bullets, exhibit B, two bullets, then mix them together and ask the jury which two bullets make him a criminal.

  16. Ha, that’s my old county of residence. Still have family there in fact.

    This is a good sign, if Upstate can’t throw Cuomo out through the ballot box we can at least spit on the concept of enforcing this unconstitutional garbage.

  17. Governor Cuomo, to quote our 2A supporting friends in the hacker group Anonymous: “We Do Not Forgive! We Do Not Forget!”

  18. Hurry up and release all the murderers, child rapists,cannibals and people who stole guns to commit a crime. we need to make room for all the people that did not register their legal firearms or people caught with 8 or more rounds in their legally purchased mags. By passing these laws they have turned tax paying legal purchasers of firearms into criminals overnight. This is the so-called slippery slope, hold on while we ride it straight to hell.

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