Joseph Palumbo, co-owner of the Albion Gun Shop, reports that New York State Police officers from the Narcotics Enforcement Unit demanded records of all customers who purchased New York SAFE Act compliant rifles. The order was made during a warrantless SWAT team raid . . .
Since the passing of the New York Secure Ammunition and Firearms Enforcement (S.A.F.E.) Act, the New York State Troopers Narcotics Enforcement Unit (NEU) has been delegated to enforce the S.A.F.E. Act and to handle all matters pertaining to the S.A.F.E. Act.
The NEU unit visited Mr. Palumbo on several occasions prior to the raid, disrupting his business. They did so to check that Mr. Palumbo was compliant with the S.A.F.E. act provisions for licensed gun shops owners.
“The New York State Police told me that my guns were NY S.A.F.E. compliant. The chief of the Medina police told me my rifles were NY S.A.F.E. compliant and in fact purchased one of the guns from my shop.” James D. Tresmond, attorney for the Albion Gun Shop, raised the possibility of entrapment. “My client disclosed to me that he would not have sold these rifles to the general public had they not been approved by the New York Division of State Police”
Meanwhile, a confidential informant from within the state police released an email from New York State Police Division Counsel Kevin Bruen which insinuates that police department itself cannot understand the S.A.F.E. Act. The email was a response to a state trooper’s inquiry as to whether modified rifles were New York S.A.F.E. compliant. Division Counsel ordered that “a court would have to rule on the legality of these rifles.”
“The New York S.A.F.E. Act is being enforced arbitrarily on a case by case basis,” Tresmond said. “That amounts to unconstitutional vagueness under the Supreme Court’s Morales standard, and the law should be enjoined for that reason alone.”
Mr. Palumbo, concerned that his license to sell firearms in New York may be affected by recent solicitation by the New York State Trooper Narcotics Enforcement Unit, has retained Tresmond Law to represent him in all legal matters concerning any possible investigation or litigation made by the New York State Narcotics Enforcement Unit regarding his business.