Niagara Gazette

Local News

December 12, 2013

Attorney says police went too far in SAFE act charge

Niagara Gazette — LOCKPORT — While dozens of supporters stood by Paul A. Wojdan at Lockport City Court on Wednesday, his attorney argued that police went too far in searching his client's gun.

The Lockport man was charged in October with violating the state’s SAFE Act concerning the number of rounds of ammunition in his gun's magazine.

Representing Wojdan, Attorney James Tresmond told City Court Judge William Watson he plans to question if city police overstepped their bounds by opening the gun and searching the magazine. 

The attorney said police should have just checked the serial number to make sure the gun was legal. Any evidence or statements made after that were illegally obtained, Tresmond explained.

Wojdan, 26, who appeared in court Wednesday flanked by dozens of supporters, was pulled over Oct. 12 for a traffic stop. He reportedly handed over a loaded semiautomatic handgun in a holster which contained more than seven rounds of ammunition.

The gun, for which Wojdan has a permit, had 10 9mm rounds of ammunition in the magazine, the officer reported.

According to the Secure Ammunition and Firearms Enforcement Act, most magazines cannot contain more than seven rounds. It is the first arrest under the SAFE Act for Lockport Police.

Wojdan will return Jan. 8 to Lockport City Court for a hearing to suppress the search and dismiss the charges.

1
Text Only | Photo Reprints
Local News
Featured Ads
Seasonal Content
House Ads
AP Video
Captain of Sunken SKorean Ferry Arrested Raw: Fire Destroys 3 N.J. Beachfront Homes Raw: Pope Presides Over Good Friday Mass Raw: Space X Launches to Space Station Superheroes Descend on Capitol Mall Man Charged in Kansas City Highway Shootings Obama Awards Navy Football Trophy Anti-semitic Leaflets Posted in Eastern Ukraine Raw: Magnitude-7.2 Earthquake Shakes Mexico City Ceremony at MIT Remembers One of Boston's Finest Raw: Students Hurt in Colo. School Bus Crash Raw: Church Tries for Record With Chalk Jesus Raw: Faithful Celebrate Good Friday Worldwide Deadly Avalanche Sweeps Slopes of Mount Everest Police Arrest Suspect in Highway Shootings Drought Concerns May Hurt Lake Tourism Vermont Goat Meat Gives Refugees Taste of Home Calif. Investigators Re-construct Fatal Bus Cras Mayor Rob Ford Launches Re-election Campaign Appellate Court Hears Okla. Gay Marriage Case
Opinion
House Ads
Night & Day
Twitter News
Follow us on twitter
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Front page
Poll

Do you think cigarette sales to non-Native American customers should be taxed on reservations?

Yes. Items should be taxed like they are everywhere else.
No, the indian reservations are sovereign land and they are selling them on their land.
Not up to me. Native Americans decide the rules on their land.
Don't care. Smoking isn't good for you.
     View Results