Niagara Gazette

December 12, 2013

Attorney says police went too far in SAFE act charge

Staff reports
Niagara Gazette

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.