The Face Of A New “Criminal.”

Gregory-Dean-Jr-ROH To the left is the face of one of New York’s latest people charged with a crime.

Gregory Dean, Jr., is 31 years old and from Hopewell Junction in New Lebanon N.Y. On March 12, 2013, Dean was stopped by the police for having the light over his license plate out. While being interviewed by the police, the officer noticed there was a handgun on the seat which was partially covered by a sweatshirt.

The officer took the gun, which was legally owned and possessed by Dean, and then examined the magazine which contained nine rounds of ammunition – two more than allowed by New York’s SAFE Act (Secure Ammunition and Firearms Enforcement Act of 2013), signed Governor Andrew M. Cuomo within an hour after it was passed by the New York legislature.

Dean was arrested and charged.

Police charged Dean with unlawful possession of certain ammunition feeding devices, third-degree aggravated unlicensed operation,both misdemeanors, plus vehicle infractions, police said.

He was released without bail and ordered to appear May 23 in New Lebanon Justice Court.

Another criminal off the street.

Of course, the problem is that Dean did not do anything wrong Constitutionally. The seven round limit on the magazine size has lawyers chomping at the bit for a Constitutional challenge as it made far too many weapons illegal (thereby violating the “reasonable” standard when restricting rights) and also that the law is “ex post facto,” meaning it made legal acts prior to the law’s passage illegal.

We also believe there are 4th Amendment issues with this instance as while the officer may seize the weapon and insure it is unloaded or has no chambered rounds it insure the officer’s safety, breaking apart the weapon to count the number of rounds without a warrant is problematic.

Dean’s arrest shows the folly of the law. His arrest will only cost the state and Dean money and for what? Is the community any safer?

According to the New York State Sheriff’s Association, the police don’t believe so:

Reduction of ammunition magazine capacity. The new law enacts reductions in the maximum capacity of gun magazines. We believe based on our years of law enforcement experience that this will not reduce gun violence. The new law will unfairly limit the ability of law‐abiding citizens to purchase firearms in New York. It bears repeating that it is our belief that the reduction of magazine capacity will not make New Yorkers or our communities safer.

Once again we see that the passage of a law and doing “something” does not always equate to doing the “right thing.”

Tip of the ol’ fedora to William Teach over at the Pirate’s Cove.

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