The so-called SAFE Act passed in a hurry in New York after the Newtown shooting has had many problems.  One of the bizarre aspects of the law was that while 10-round magazines were permitted, only 7 bullets could be loaded in the magazine.

This very odd provision has been one of many reasons there is an upstate county revolt against the law, with the vast majority of county legislatures passing resolutions against the SAFE Act.  Law enforcement and police unions also have protested the law.

In Columbia County, just south of Albany, Gregory Dean, Jr. was pulled over. Police discovered he had a licensed pistol, but had 9 not 7 bullets in the magazine, and they charged him under the SAFE Act:

While interviewing Dean, troopers noticed a handgun on the front seat, partially covered by a sweatshirt.

The troopers determined the gun, a .40-caliber pistol, was legally registered and possessed. However, when the troopers inspected the pistol, its magazine contained the nine bullets – New York’s Secure Ammunition and Firearms Enforcement Actonly allows seven bullets per magazine.

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

But Dean will not be prosecuted (h/t GunPoliticsNY):

The Columbia County District Attorney is making good on a promise not to prosecute a man arrested under the SAFE Act.

DA Paul Czajka told NewsChannel 13 he would not prosecute Gregory Dean Jr.

Dean was pulled over earlier this month after police say the light over his license plate was out.

Police say he also had a gun in his car.

While they say it was possessed legally, it had nine rounds of ammunition, which exceeds the state’s new limit of seven rounds.

Czaika said he might prosecute others under the SAFE Act, saying each case would be judged on the merits, and he denied taking a sweeping stand against the law.

Nonetheless, the arbitrary designation of 7 bullets in a 10-round magazine as a legal threshold demonstrates the absurdity of the law as applied in real life.

Related post: NY injured special forces soldier takes plea for same offense on which David Gregory walked


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