Lockport Union-Sun & Journal Online

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December 12, 2013

Motion made questioning SAFE Act charge

Lockport Union-Sun & Journal — The attorney for Paul A. Wojdan, the Lockport man charged with violating the state’s SAFE Act concerning the number of rounds of ammunition in a magazine, plans to question if city police overstepped their bounds by opening Wojdan’s gun and searching the magazine.

Defense attorney James Tresmond told City Court Judge William Watson Wednesday he believes the police went too far. 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 said.

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 at 2 p.m. Jan. 8 to Lockport City Court for a hearing to suppress the search and dismiss the charges.

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