Constitutional Emergency

Tresmond Feb 28, 2014 SAFE Act Charges Thrown Out: Attorney Speaks Out

SAFE Act Charges Thrown Out: Attorney Speaks Out

Paul A. Wojdan was arrested in October of 2013 in Lockport, Niagra County NY. His crime? Having 10 bullets in the magazine of his legally owned handgun. The gun was enclosed inside the glove compartment of the car he was a passenger in and was not used in a crime.

During a traffic stop, officers removed the magazine from Wojdan’s handgun and then proceeded to remove the ammunition from the magazine and count it. Discovering ten rounds were loaded into the magazine, Wojdan was then arrested for violating the NY SAFE Act. (This part of the law was later struck down by NYS courts, but at the time of Wojdan’s arrest it was still in effect.)

The for trial for defendant Paul A. Wojdan began Monday February 24, 2014. Attorney for Wojdan, James Tresmond of the Hamurg NY based Tresmond Law firm stated “…my argument was based strictly on the Constitution, in Lockport.” Judge William J. Watson ruled in favor of the defendant and the charge was dismissed. We now have case law in favor of protecting our second amendment rights.

Mr. Tresmond has stated the case is “…still in a stayed position. Tell everybody that we are still fighting the good fight. We have a victory in Lockport with the police department and the arrest they made … we beat it back. ”

Mr. Tresmond had attempted to obtain an injunction in hopes of completely delaying the enforcement of the SAFE Act, prior to April 15, 2014. However, the court refused. The state prevented the trial from beginning prior to any deadlines that affect the general population. If the trial had begun, there would have been a stronger foundation to file and receive a “stay of execution of registration”.

“They are making criminals out of good, solid, hard working tax paying citizens. Heaven help them because there is going to be a revolt at the ballot box!”, said Tresmond.

Mr. Tresmond feels we have to continue to fight the SAFE Act in court. We need allies, stating “…we need people to go into New York City, we need people to go into Long Island, we need people to go into Albany and just raise hell in the court room.”

Mr. Tresmond continues, “There are a lot of lawyers out there who are gun owners who are concerned about this, we need to talk to them, get them to file lawsuits. These attorneys need to get involved, the Constitution is a risk here.”

Mr. Tresmond also mentioned a surprise he has brewing, which will be announced at the appropriate time by Tresmond law firm.


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