SEP 02- SEP 09, 2014

Albion Gun Shop Records Taken, Gun Owner Arrested, as SAFE Act Enforcement Barrels Down

By Gia Arnold

September 02, 2014

The Albion Gun Shop - so totally Orleans County - was served with a demand by State Police to turn over its customers’ records as per the SAFE Act.

A NY SAFE Act investigation has begun at a business in a neighboring county. The Albion Gun Shop, located on Hamilton St. in the Town of Albion in Orleans County, has received a "request" from the New York State Police for records of all persons who have purchased a bullet button AR-15 from the store since the SAFE Act was passed and signed into law in January of 2013,

A bullet button AR-15 is a rifle that has been modified with a special feature that makes a semiautomatic rifle's magazine permanent, or not detachable without a special tool.

The NY SAFE Act makes detachable magazines on a semiautomatic rifle illegal for purchase after the SAFE Act passed, as well as required for registration as of April 2014 if purchased before the SAFE Act passed.

The state police can demand access to these records anytime, and no warrant is necessary.

According to Joseph F. Palumbo, the gun shop owner, he was given 24 hours to comply with the request he received last Thursday (Aug. 28) and on Friday he handed over approximately 170 customer records.

According to Palumbo, he said he had spoken with state police last year in regards to the legality of selling AR-15's with the bullet button attachment.

He said police advised him that it should be "ok" but wouldn't guarantee him an answer until someone goes to court for it.

According to Palumbo, he said he was told that there had been a plan to raid the gun shop with the SWAT Team, but the lead investigator felt it would be best to go in peacefully.

Palumbo said he had been told that the reason for the investigation was that there was an anonymous complaint to the NY SAFE "Tipline" that offers a $500 reward for information that leads to an arrest under the SAFE Act.

Citizen spying and telling on fellow citizens is one of the hallmarks of the SAFE Act.

But The Reporter has learned that the genesis of the recent demand for gun sales records at the Albion gun shop may have more to do with a recent arrest arising out of a domestic dispute.

On Aug 19, Orleans County Sheriff Deputies were called to a domestic dispute in the Village of Medina.

This AR-15 semi automatic rifle (with bullet button modification ) is similar to the one possessed by Brenden Morgan, which led to his arrest. The rifle is a handy one for self defense of the home, sports shooting and hunting, as per the 2nd Amendment of the US Constitution. That amendment however was suspended in New York State by Gov. Andrew Cuomo through his passage of the NY SAFE Act.

Trevor Cook, 23, of Medina was allegedly beating up his girlfriend with a running gas powered weed trimmer (perhaps Gov. Cuomo can make weed trimmers illegal).

During the investigation into the weed trimmer dispute, the warring couple told police that another tenant on the property was in possession of a modified semiautomatic AR-15 rifle.

Police shifted their attention and within minutes Brenden Morgan, 22, was charged with criminal possession of a weapon in the 4th Degree. Neither the rifle, nor the defendant (Morgan) were involved in the dispute that brought police to the property.

Morgan will appear in Shelby Town Court on Thursday (Sept. 4) at 6 p. m.

Morgan told the Reporter that, when questioned by police, he admitted to purchasing the rifle from Albion Gun Shop last year with the bullet button installed.

The gun Morgan possessed was legal prior to final approval of the SAFE Act on Jan. 15, 2013.

After purchasing the rifle, Morgan later removed the bullet button allowing the magazine to be detachable, which made it illegal unless registered under the NY SAFE Act. The firearm would also have to have been purchased before the SAFE Act passage.

This would be a great case to take to a jury trial in Orleans County.

There would not be a jury in that rural county that would convict a man for possessing a rifle such as Morgan possessed.

It is part and parcel of the constitutional heritage of the freedom loving people there. Orleans County was the first and only county in New York State in which every municipality passed a resolution in opposition to the SAFE Act calling for its repeal.

If the jury were to acquit or hang itself, which they certainly would - no matter what the judge told them about having to convict under the law, Morgan could not be prosecuted for his victimless crime.

This could be the beacon leading the state out of the darkness of the SAFE Act.

But will the post-SAFE Act criminal possession of a weapons' charge in Medina, which likely led to the investigation of Albion Gun Shop, lead also to the gun shop being taken down by the state police to set an example for others across New York who may not be "complying?"

Time will tell.

As Patrick Henry said, "Are we at last brought to such humiliating and debasing degradation, that we cannot be trusted with arms for our defense? Where is the difference between having our arms in possession and under our direction and having them under the management of Congress? If our defense be the real object of having those arms, in whose hands can they be trusted with more propriety, or equal safety to us, as in our own hands?"

Stay tuned.

Innocent victim Brenden Morgan was arrested for possessing a rifle that has been legal in this state for 55 years, and only made illegal by the unconstitutional (2013) SAFE Act. He harmed no one with his rifle. So, while the state may try to ruin Morgan’s life, Morgan may play turnabout on the state. If it goes to trial, no jury in anti-SAFE Act- Orleans County will convict him and this could spell a death blow to the egregiously anti-2nd Amendment SAFE Act.
Once jurors - as is their right- start using jury nullification to veto the SAFE Act prosecutions - as the unconstitutional monster that it is - it could spread like a brush fire of freedom making it impossible to enforce the SAFE Act anywhere in the state.
Since it only takes one out of 12 jurors to hang a jury, there is probably no jury in the state that, if they are informed of their right to veto through jury nullification, that will not vote to hang or acquit on any SAFE Act prosecutions where there is no victim.
This could spell the death of the SAFE Act.