BUFFALO, N.Y. -- The SAFE Act has people fired up again after a Lockport man was charged with carrying more rounds of ammunition in his guns magazine than what is allowed.
"If you stop someone because of a traffic violation they have no business searching the vehicle - period," Attorney Jim Tresmond said. "We're going to file a motion to suppress any evidence discovered as a result of this stop."
Paul Wojdan was a passenger in a vehicle during a routine traffic stop for speeding. His gun was in the glove compartment and when handed over to officers more than 7 rounds of ammunition were found in the magazine. Under the SAFE Act only 7 rounds are allowed.
"At that time we're going to make a motion to have the case dismissed based upon the fact that the SAFE Act has been selectively prosecuted across the state of New York," Tresmond said.
Tresmond explains there's a District Attorney in the New York City area that refuses to prosecute anybody under the SAFE Act -- in particular - the amount of rounds in a magazine. This is the first case of its kind in Western New York.
Moving forward, there will be a motion to dismiss the case -
"People who go to work every day, people who get licensed to carry firearm, Tresmond said. "People that go hunting, or target shooting -- now, because of a number of rounds in a magazine we're going to call them criminals, we're going to charge them with a misdemeanor."