by David Flint
In New Lebanon Town Court on May 23 the Columbia County District Attorney Paul Czajka declined to prosecute a charge of violating New York’s new Secure Ammunition and Firearms Enforcement Act, known as the SAFE Act. Czajka told Judge Jessica Byrne he was not making any “blanket policy” but having reviewed the file and discussed the charges and surrounding circumstances with the arresting State Troopers, he had decided to “decline to prosecute the unlawful possession of the ammunition feeding device.”
[private]Czajka was referring to a pistol magazine found in the possession of Gregory Dean Jr. of Hopewell Junction. The magazine held nine bullets, two more than allowed under the SAFE Act. Dean was stopped on May 12 by State Troopers from New Lebanon
barracks because a license plate light was not working. In questioning Dean they noticed a handgun on the front seat. Although the .40 caliber pistol was legally registered and carried, the capacity of the magazine was illegal. Dean was charged with a misdemeanor violation of the SAFE Act and also with misdemeanor Aggravated Unlicensed Vehicle Operation (AUO), along with the plate lamp offense.
Czajka offered to accept a plea lowering the AUO charge to a violation but Dean’s lawyer, Jonna Spilbor of Poughkeepsie preferred to come back at a later date to discuss that. A second date of June 13 was set.
Dean was questioned by reporters outside of the Court House but Spilbor would not allow him to answer questions about the SAFE Act charge. Spilbor, however, offered her own opinion of what had happened. “The District Attorney took the legs out of the SAFE Act – for the moment – for this particular case,” she said. But, apparently agreeing with Czajka on whether a precedent had been set, she continued, “I don’t think we’d get the same reaction if it were a different set of facts.”
Czajka was also besieged by the media on his way out of the courtroom. He said there were a lot of facts in this particular case that were considered. “I am not prepared to make a blanket statement with respect to any of this,” he said. “I will look at every case and make a decision with respect to each case based on its own worth.” Was he putting himself in the position of a legislator? “No, just the opposite. It is not my place to determine the constitutionality of this statute nor is it my place to make laws…I will consider every case on its merits,” Czajka said.
Among a group of anti-SAFE Act demonstrators outside of the court room was one who believed that Czajka maybe had more of a blanket opinion on the new law. Ed Kahle, a Councilman in the Town of Clermont and co-founder of Hudson Valley Americans for Freedom, said that Czajka attended a meeting in Germantown earlier this year. “He made a statement about what was going to happen in Columbia County if a SAFE Act violation was committed – and he pretty much did what he said he was going to do.” Kahle said. Kahle thought that Czajka’s action would “send a message to Albany of the constitutionality of this…and Paul today upheld his oath to the Constitution. It was very brave for him to do that. I think it will set an example across the state.”
Joanna Johnson-Smith of New Lebanon was one of the major organizers of the peaceful but passionate demonstration outside the court room. She identified herself as the Co-State Coordinator of a group known as New York Revolution, “A grass roots organization with the purpose of waking up Americans to the reality of our civil liberties.” Along with her son Michael Johnson, she also founded Madison’s Militia. Its Facebook page says it’s about “Americans for the Defense of American Constitutional Rights, Values and Traditions. Second Amendment is Priority, but we address all issues regarding governmental mis-conduct, corruption and failure to HEAR the PEOPLE.” Johnson-Smith’s reaction to what happened in Court was, “It’s wonderful – a great victory.” She was only disappointed that no State Troopers showed up because she said her demonstrators were there primarily to sent a message to them, that they should honor their oath to the Constitution and oppose the New York SAFE Act.
Johnson-Smith noted that the Columbia County Towns of Clermont, Kinderhook and Chatham have already passed resolutions opposing the SAFE Act. She said she had drafted a letter to the New Lebanon Town Board requesting that they do likewise.
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