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Quote:An upstate New York prosecutor told Human Events he will not go after an individual for a misdemeanor violation of the Secure Ammunition and Firearms Enforcement Act, signed into law on Jan. 15, in an extraordinary two-minute-drill session of the state’s legislature.

“As I do in all cases, I considered all of the circumstances surrounding the summons,” said Columbia County District Attorney Paul Czajka.

“I declined to prosecute one particular offense,” he said. If the DA had moved forward, it would be one of the first attempts to bring a violator of the new law to trial.

The incident in question took place May 12 at 9:45 p.m., two New York State police officers stopped 31-year-old Gregory Dean from Dutchess County on Route 22 in the town of New Lebanon after noticing that the license plate light on Dean’s car was broken, the DA said.

Thereafter, three summonses were issued, said the former Columbia County judge. “Dean was charged with driving with a suspended license; an inadequate license plate; and for unlawful possession of ammunition device, which is a Class B misdemeanor.”

In determining which charges to prosecute, Czajka said he looks at the seriousness and nature of the crime together with the history of the defendant as well as enumerable other circumstances. “I determined that it was best to exercise prosecutorial discretion and decline prosecution on the charge of unlawful possession of ammunition device.”

The troopers charged Dean with having nine bullets in the magazine of his firearm, he said. “Under the new law, seven is the maximum.”

Czajka said he has received positive feedback for his decision not to prosecute the gun charge, but it has little or any relevance with the decision-making of the other 61 county district attorneys. “They will make their own decision from their respective beliefs, philosophy, resources and discretion.”

The prosecutor said other prosecutors and members of the law enforcement community have not criticized him for his decision. “I have not received any negative feedback and even if I did it would not have affected my decision.”
It's the "BILL OF RIGHTS" not the bill of "needs"
election doubt
Welcome to ObamaNation part deuxUtg
God's Country;104618 Wrote:election doubt

Maybe. But like PA and Philly, the majority of the geography of NY is pro-2A. The problem is that NYC - and a few other counties - are anti-2A and have enough people to control politics. Like us and Philly...
Maybe he thought prosecuting the case would lead to a challenge in court and the law would be unconstitutional
Rcpaul, proud to be a member of since Jan 2013.

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