NY State District Attorney Will Not Prosecute Cuomo's Gun Laws - Granite Grok

NY State District Attorney Will Not Prosecute Cuomo’s Gun Laws

“Where it is a duty to worship the sun it is pretty sure to be a crime to examine the laws of heat.”  — John Morley

Columbia County District Attorney Paul Czajka, Former Columbia County Judge- Times Union
Columbia County District Attorney Paul Czajka, Former Columbia County Judge- Times Union

Two New York State troopers stopped Gregory Dean, a 31-year-old Dutchess County resident on Route 22 in New Lebanon for a broken license plate light.

Three summonses were issued to Dean: Driving with a suspended license; an inadequate license plate; and unlawful possession of ammunition device, a Class B misdemeanor.”

Columbia County District Attorney Paul Czajka said he examined the seriousness and nature of the crime along with Dean’s criminal history (or lack thereof) and subsequently determined  it to be the best exercise in prosecutorial discretion in declining to  prosecute the “unlawful possession of ammunition device,” charge.

New York State Police alleged Dean had nine bullets in the magazine of his firearm and under the new state law, seven is the maximum allowable…two too many.

Columbia County District Attorney (and former judge) Paul Czajka  told press that despite the  positive feedback, he also points out that his decision will have  little or any relevance with the decision-making of the other 61 county district attorneys.  Other prosecutors and law enforcement have not criticized the decision. “Czajka adds, “I have not received any negative feedback and even if I did it would not have affected my decision.”

Paul Czajka, a life-long resident of Columbia County and son of dairy farmers, has been a sportsman, fisherman, and hunter since Childhood,” DA Czajka told the media.

“My decision is based on all relevant circumstances,” he said. “I am a strong supporter of the entire Constitution including the Second Amendment,” he said.

Enter Robert J. “Bob” Castelli, Viet Nam War veteran,  former New York state assemblyman and a current criminal justice professor at Manhattan’s John Jay College. Castelli was also a member of the New York State Police, where he served with the elite Special Investigations Unit and the New York State Organized Crime Task Force for over two decades.

Castelli  suggested that  law enforcement has displeasure with the SAFE act.  “I think there is a groundswell of resistance against this particular law.” he said.

“Legitimate law-abiding citizens use firearms for sport, self-defense or hunting,” said the 22-year criminal investigator. “The intention of the SAFE act was to protect the public, but the construct of the law does not make the public safer.”

Castelli thinks the conversation is long over-due regarding mental health issues.   “Each mass killing has been done by someone with severe mental problems.” Castelli added. “Many individuals feel that the SAFE act is arbitrary and capricious, and a violation of the Second Amendment based upon the Heller and McDonald court decisions,”

Evan Hempel, a computer programer for IBM created a website for the purpose of compiling resolutions for New York towns and counties to measure support for and against the SAFE Act.  “There is a certain amount of enthusiasm to undo this law.” Hempel asserts. “To date, 52 out of the 62 counties have entered into resolutions in opposition to the SAFE act,” he said.

Citizens of the  Empire State are imperiled by the states Draconian Gun laws. Michael Bloomberg and his cohort Governor Andrew Cuomo have seen to that. Do understand that people, under New York Law are still allowed to own and possess, use and own firearms, but at which point does the law become so tedious and tricky that people simply get rid of their guns (you know, some will) or refrain from purchasing or owning guns?

New York has it’s SAFE Act. The object lesson here is for other states to not let government hacks get so out of control that laws like these are passed. The task to undo this law will be daunting and a major challenge.

Now we see just how arbitrary these laws are. While the individual was not prosecuted, he was still charged with an offense. Squarely the discretion lies with the individual prosecutor and that is far too much power for just one person who, if is anti-gun, a prosecution will unfold.

Food for thought.