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Another case where Gun Registration leads to Gun Confiscation

guncontroltype

As a child, I remember watching the movie Red Dawn starring Patrick Swayze and C. Thomas Howell.

The thing about that movie that really hit a chord with me was a scene when the Soviets had just landed and the commander told one of his lieutenants to go to the gun shops for they would have a list of all the guns owned by the people, thus making it easier for the Soviets to round them up.

Now, while a work of fiction, the concept is sound.  If you make a list of everyone who has a gun, it’s easier for an oppressive authority to confiscate them when they don’t want you to have them.

Unfortunately in America, this is not limited to the realm of fiction.

I have spoken about he jackbooted thuggery of New Orleans Police when they went out and forcibly confiscated guns from citizens in the city during the wake of Hurricane Katrina, but those were “innocent” people.

Today I’m going to highlight a story about a “guilty” person.  The reason guilty is in quotation marks will become clear.

On October 12th, 2013 Paul Wojdan of Lockport City, NY was arrested and the police looked on his pistol permit and saw it had six guns on it so they went to his house and confiscated all of his firearms.

Gun controllers would say this was a victory for the system, a dangerous criminal had his firearms seized etc etc.

But in order to get the full story one needs to look at Mr. Wojdan’s “crime”.

Wojdan was a passenger in his wife’s car.  She was speeding, doing 44 in a 30 mph zone.  The car was pulled over and a pair of officers started asking questions.  They asked Paul if there was any weapons in the car.  He answered that his legally owned and licensed 9mm Ruger handgun was in the glove compartment and his pistol permit was in the center console.

The officers then pulled both Wojdan and his wife from the car and rummaged through it, retrieving the permit and confiscating the pistol.

At that point they unloaded the pistol (for police safety) and went to cross reference the serial numbers on the permit with those on the pistol.

(Remember, as of yet, NO crime has been committed save for Mrs. Wojdan being a little heavy with the gas pedal)

With the magazine out of the pistol the officers decided that they would empty that as well in order to count the number of bullets.

Keep in mind this is New York and at the time of the arrest with the asinine SAFE Act, a 10 round magazine was legal yet the SAFE Act dictated that only 7 rounds were permissible to be in it.

The cops unloaded the magazine, counted to ten and then arrested Paul Wojdan.

After the arrest, the officers just simply looked down at the Wojdan’s permit, knew exactly how many more firearms he had and went to his house and confiscated them too.

Now, was Wojdan guilty by the letter of the law?  Yep.  Of course the actions of the police officers were clear violations of Wojdan’s 4th Amendment rights and thus dictate that he should never have been arrested in the first place.  A viewpoint shared by Lockport City Judge William J Watson who threw out the arrest this passed Wednesday.

Watson ruled that the officers had no right to unload the bullets from the gun and count them and that in doing so Wojdan’s freedom from illegal searches was violated.  That ruling was necessary because even after Chief U.S. District Judge William M. Skretny ruled that the 7 round limit was unconstitutional on Dec. 31st 2013, Niagara county Prosecutors still pursued the case against Wojdan.  Note that, they were still charging him with a crime that NO LONGER EXISTED.

But let’s get back to that confiscation.  This case proves that the State can make nonsensical laws that make innocent people criminals and on the basis of that can use the registration list to know what needs to be confiscated.

Think about it, they (the controllers) can supe up jaywalking into a First Degree misdemeanor based on the “rationale” that it is an anarchistic attack on society’s decorum.  That speeding is a terroristic threat to other drivers.  That playing music too loudly is an act of war against your neighbors…I mean, it’s what the US Army did to Noreiga in Panama to force his surrender and controllers are all against military type things in the hands of civilians.

Hence, non crimes can be used to abuse the innocent, the governement will then seize all your weapons for the “good of the state.”  And it won’t be hard for them, I mean…THEY HAVE A LIST.

As for Mr. Wojdan; after having all the charges for a crime that doesn’t exist anymore dismissed, did he get his firearms back?  Nope.

They are STILL in police custody.

Wojdan’s attorney, James Tresmond, has to file a motion with the Niagara County Judge Niagara County Judge Matthew J. Murphy III to have them returned.  The same Niagara County whose District Attorney maliciously prosecuted him in the first place.

There is no valid reason for Wojdan’s property not to be returned to him immediately upon the charges against him being dismissed.  The current theft of his property, because until the firearms are returned that is exactly what this is, by Niagara County is a clear violation of Wojdan’s 5th Amendment Rights, for he is being denied his property for no legal reason.

Wojdan is having his civil rights violated because the court can take it’s sweet time in returning his firearms.  It is no different than being found innocent in a trial yet having to remain in jail while they “sort it all out.”

Once again, registration has led directly to an innocent man losing ALL his firearms because the government had a list, used it to confiscate them, and now won’t easily give them back.

Registration must be fought at every turn for there is no reason for its existence BUT for the eventual confiscation of all firearms.

Molon labe, bullets first.

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  • White Bear

    You have to wonder how long people are going to tolerate government behavior like this without fighting back. The system is completely broken. When the government refuses to obey the law, why should we? The system will not only fail to defend you, it will actively seek to harm you. The time is rapidly approaching for people to have to make some big decisions. Citizens or subjects; it’s truly our call.

    • peck2

      This “people” has already decided to no longer “tolerate it”. I have experienced the police filth. Never agein. I am prepared to defend with use of arms.

    • Ed Wapole

      White Bear – Then who is the target? Will hanging judges from lamp posts fix the problem? Will shooting police officers fix the problem? Will fire-bombing the DA’s house fix the problem? Will blowing up the state legislature fix the problem? Will massacring everyone who votes “wrong” fix the problem? I think the only solution is the one the smart Germans did in the 1930s. Pack up and leave, before the .gov comes for you.

      • Steve Thomas

        How does that “fix” anything????

        • Ed Wapole

          It fixes one thing. Leaving America fixes your own personal situation. America cannot be fixed because the voters refuse to stop re-electing the same old Idiots. GET OUT WHILE YOU STILL CAN.

          • White Bear

            If you saw a woman being gang raped in an alley, would you step in to help or would you run away to save your own skin? Most of us don’t believe in running.

          • Ed Wapole

            What would you do if she was being gang raped by police officers?

          • White Bear

            I’d draw my weapon and stop the attack, putting as many down in the process as necessary. I spent my career in a large department. I’ve arrested cops for rape, burglary, stealing, and several other felonies, and I never even worked internal affairs. That happens when you lower your hiring standards and have to hire “politically correct” recruits. What I may not be getting across to you is that, at least in the old days, an oath actually meant something, it wasn’t just a bunch of words you spewed out to get a job. I guess you just can’t explain integrity if someone doesn’t understand it to begin with.

          • Ed Wapole

            Good luck with that plan. You are special because you are a cop. If a civilian did that and left any cop rapists alive, he would be convicted of capital murder and rape. The surviving cop rapists would testi-lie on the stand and the jury would convict in 15 minutes. I have zero trust that cops are honest.

          • White Bear

            Sir, you’re completely missing the point. I am in no way, shape or form special just because of what I chose for my profession. This is about standing up to evil, period. Federal law allows me to carry in all 50 states as long as I meet the requirements, which I do. The reason that I’m so passionate about this is because this isn’t about me; it’s about the rights of all Americans no matter what their chosen career. It would be easy for me to say “well, this doesn’t affect me” but I couldn’t live with myself if I lived like that. If you had been a Frenchman in WWII would you have joined the resistance and opposed the Nazis or would you have just sat down and said: “well, we can’t win this because we’re outnumbered so we might as well give up because I’m afraid”? Maybe you can live like that, I never could. I suspect tens of thousands of Americans won’t either.

          • Ed Wapole

            Just try and organize 10,000 people to resist. or 1,000 or 10. The NSA will have you all in prison before you can change a thing. If you are so passionate, then why did you wait so long to do anything? It is too late, the America of your youth is dead, its just moving on inertia until the prison camps open. Get out before the .gov gets you.

          • White Bear

            The point here is that I don’t believe that any central organization will be necessary. Nobody is planning any concerted attack on the government; people just want to live their lives peacefully and without interference as long as they’re not hurting anyone else. If the SHTF the organization will be spontaneous. Damn I’d hate to live my life being afraid of my own shadow, but to each his own. I’m betting that Hitler would have loved you because you’d have offered no resistance. No point in trying to continue a discussion with a man who either doesn’t believe in anything greater than himself or if he does, doesn’t have the courage to stand up for it. Good luck to you sir. I’d advise you to avoid the conflict if it happens, but I don’t think anyone has to worry about you getting involved; that doesn’t appear to be in your nature. That doesn’t make you evil in my opinion, but it does make you different than many of us who see the world from a far different perspective. I do think however that if our forefathers had felt the way you do, we’d still be a British colony. Molon Labe.

          • Ed Wapole

            Re-read the last part of my 1st post here. Then remember Albert Einstein left Berlin in 1933 and came to live in the USA. Thousands of other smart Germans did likewise. You just do not get it because your macho brain cannot comprehend “Live to fight another day.” Einstein was the root cause of winning the war with Japan by directing the US president to build the atomic bomb. To each their own. You stay and fight a hopeless battle and die or go to prison, I’ll move elsewhere and do something else.

          • White Bear

            I had no intention of replying to any more of your posts, not because I have anything against you but because I think we’re beating a dead horse here; we simply disagree, but I do have a very respectful and legitimate question for you. Living to fight another day has merit, but it means nothing if you keep moving and the fight never comes. Eventually you move so much and give so much ground that any realistic chance of fighting to change things becomes impossible. The Jews in WWII Europe chose not to fight and millions of them were murdered because by the time they realized how bad things were they had lost any chance of realistic defense. Reading stories of Holocaust survivors, one is struck by how often you read the statement “we knew things were bad, but we never thought it could happen to us”. It’s also important to realize that in the case of the Jews, they had previously surrendered their weapons by order of the government; therefore any means they had to fight with were gone. It has nothing to do with being macho, it has to do with how much abuse you’re willing to take before the time to fight comes for you. I’m truly curious about where you would move to and plan to fight another day? America is the country that has the second Amendment. I can’t think of a single place in the world that one could move to and still continue the fight for American rights. Particularly in the case of the Second Amendment, once it’s gone it’s gone and nothing will bring it back. I honestly believe that it’s either now or never. Having said that, I don’t think this is going to become a real war. Nothing is more important to a politician of either party than maintaining his/her position of power. Gun control has been a guaranteed loser for politicians except in America’s liberal cesspools. I think that when the liberal bureaucrats in Connecticut realize that tens of thousands of gun owning voters have essentially told them to “pound sand” by refusing to obey this idiotic law, changes in that law, or at least in the threatened enforcement of it, are going to be forthcoming very soon. Belief in the Second Amendment seems to cross party lines among many voters and I think that’s going to become readily apparent very soon. Look to Colorado as an example.

      • White Bear

        In my opinion the “target” is anyone who is actively engaged in trying to violate a citizens rights. No one, at least me, is advocating going after judges, cops, legislators, etc. What I do believe is that people should continue to live peaceful lives UNTIL someone shows up intent on violating their Constitutional rights, then they have the right to defend themselves. Leave them alone, you’ll have no problem. These people who possess weapons that leftist politicians decreed from on high made them retroactive felons are not the problem, and this idiotic law won’t prevent a single violent street crime. If you recall history the “shot heard round the world” wasn’t fired until agents of the tyrannical British government arrived and attempted to seize weapons and powder from the magazine in Lexington. The colonists didn’t start it but they damn well finished it. Sounds like your solution is to run away in the face of tyranny.

        • Ed Wapole

          When one person acts alone to “defend his Rights”, the only thing that will happen is that one person will be put in prison, or be killed on the spot.

          Aleksandr Solzhenitsyn:

          “And how we burned in the camps later, thinking:
          What would things have been like if every Security operative, when he
          went out at night to make an arrest, had been uncertain whether he would
          return alive and had to say good-bye to his family? Or if, during
          periods of mass arrests, as for example in Leningrad, when they arrested
          a quarter of the entire city, people had not simply sat there in their
          lairs, paling with terror at every bang of the downstairs door and at
          every step on the staircase, but had understood they had nothing left to
          lose and had boldly set up in the downstairs hall an ambush of half a
          dozen people with axes, hammers, pokers, or whatever else was at
          hand?… The Organs would very quickly have suffered a shortage of
          officers and transport and, notwithstanding all of Stalin’s thirst, the
          cursed machine would have ground to a halt! If…if…We didn’t love
          freedom enough. And even more – we had no awareness of the real
          situation…. We purely and simply deserved everything that happened
          afterward.”

          One person resisting the State is simply suicide.

          • White Bear

            First of all, I don’t remotely see this as “one person acting alone”. I believe that this is an issue that will draw support from people across the nation. More importantly, don’t you have anything that you think is important enough to stand up and fight for, even if you are the only one? If you live in fear of what may happen to you then you automatically allow those who are stronger to have their way. You might as well tie a bell around your neck and start bleating like a sheep. There’s nothing wrong with being afraid, it’s how you respond to that fear that defines the kind of person you are. I spent my life as a cop. I routinely found myself in situations that offered a very real chance of being killed because I was outnumbered, but I took an oath and it meant something to me. Our soldiers face this type of situation on a daily basis, and they don’t run and hide because the enemy may outnumber them. If you’re willing to submit to tyranny because you’re afraid, that’s your call, but don’t try to stand in the way of people who believe that some things are more important in life than their personal safety. There are far worse things that can happen than dying for your beliefs.

  • aebe

    The people of New York have allowed the state ( And city ) to abuse their rights for how long ? I know a crooked cop named Sullivan had a part in it .
    Mass protests , strikes . And that last without any union interference . Shut the governments down , city , states , and federal . Force them to strike any law that violates our Constitution , force them to deal with the crooked politicians that infest the government , from the Presidency on down .

    Validate your 2nd Amendment Rights . Carry !

    • http://www.yahoo.com/ Dave the Barbarian

      Forgive me for being blunt but NY SUCKS and SUCKS AZZ!

      • aebe

        Senator Charles Schumer is from new york . He is the fine person that has seen one hundred and fifty thousand veterans stripped of their 2nd Amendment Rights .
        I am a disabled Vietnam vet , and it is fortunate that I live in a state where the progressives have not been successful in their agenda .
        What those creatures get away with in one state , will be visited upon us all , one day . Unless we take exception to any violation of the Constitution .

        California used to be an open carry state

  • Roger V. Tranfaglia

    COME BACK WITH A WARRENT!!!!!!!!!!!!! Wethear its your house or car ,have them show you a warrent with your name and property that they want to search. As for me,if it gets down to a physical confrentation so be it…….

    • Steve Thomas

      Back in 1973, I told an officer he needed a warrant to search my car during a traffic stop. He had to go to another officer that had just pulled up to ask him if that was true. They did not search my car. Lucky they did not frisk me. -:) -:)

    • White Bear

      Agreed Roger, but with the passage of this law they’ll probably be able to get a warrant, particularly if citizens cave in and register their firearms based on this idiotic law. If you register it you guarantee you’ll be on the list for government action. Not a chance in hell I’d register my firearms.

  • wandamurline

    Sue the police department, the city and the cops personally for unconstitutional search and seizure and trumped up charges. The only way to get these people’s attention is in the pocket book. Heck, go after the District Attorney as well and anyone else you can pitch in. If enough cities across America get sued for violation of your constitutional rights, it will get their attention especially if you seek BIG money. Once a city has to pay two or three times and the tax payers get tired of their money being spent to defend pompus cops, the tax payers will put a stop to it….especially if their taxes go up.

    • SloBlo

      Agreed. But suing all those entities costs money. Lots of money. And isn’t that what it all comes back to? Money…

  • Tumbleweed

    Register nothing!

    • http://www.yahoo.com/ Dave the Barbarian

      Firearms? What firearms officer?

      • Paul

        Officer due to the poor economy I had to sell all my guns :o/

  • SuperDave2

    https://www.facebook.com/OperationAmericanSpring.Target.Washington.DC
    I will be in the “District of Corruption” on 16 May, join us!

  • HappyDog1

    The newer remake of Red Dawn is even more realistic, but both movie versions have their place as a warning of things to come.

  • zeprin

    Registration ALWAYS(!) leads to confiscation. As Sundown leads to Sunup one follows the other.

    • http://www.yahoo.com/ Dave the Barbarian

      Love your avatar, Roger C. Carmel was one of my favorite Star Trek actors!

      • smitty6398

        Wasn’t he the one who peddled the TRIBBLES? I bought our 1st Color TV and recliner so I could watch NFL Football AND Star Trek, in the early ’70s.

        • http://www.yahoo.com/ Dave the Barbarian

          No that was Stanley Adams! Roger was in two OST episodes ‘Mudd’s Women’ and ‘I Mudd’! He also voiced the 70′s animated episode ‘Mudd’s Passion’ as Harcourt Fenton Mudd!

        • Steve Thomas

          I babysat for a neighbor in the late 60s, half because she had a color tv.

  • edro3111

    These stories chill me to the bone. Who would have thought 10 or 15 years ago we would evolve this quickly into a police state? But then who thought we’d have someone running the country that got us where we are today?

  • Bill_Beckham

    In 1981, I bought an Uzi. Then later I was told I had to register it. Then in the 1990′s California said I had to turn it in. I told them to F.O., that I had sent it out of state where they can’t get there worthless hands on it. When I can leave the state I will and then retrieve my gun. The government cannot be trusted, except those that are 6 feet under.

  • http://www.yahoo.com/ Dave the Barbarian

    And that Ladies, Gentlemen and those of Unspecified Gender is why under no circumstances do you register your firearms or trust anyone in government authority! NEMO ME IMPUNE LACESSIT!

  • Jeff Rhodes

    I got ont thing to say to them…….F**k em. They wont get mine without a fight. muzzle first….smile and wait for the flash. liberal turds and commie cops.

  • Coltanaconda

    never consent to a search

  • James Maxwell

    You elect idiot legislatures and let them become dictators this is what you get. The day is fast
    approaching when we will have to resort to force to remove them and their idiot laws before the
    try to slap irons on us. I cannot speak for the people who have already rolled over in the Northern
    areas but try that in TEXAS and the results might not be quite so friendly. We fought Mexico to
    become a Republic. We were a free and sovereign nation when we joined the United States.
    At the rate the rest of the nation is rolling over to surrender to a Muzzie POS in the Whut House
    it may happen again.

  • Bill Ascherfeld

    I currently do not own a firearm. Not because I don’t want to. I did. I had a very nice Winchester through-the-stock magazine .22 LR semi-automatic rifle. It was a bute! Just one night, I left it in the back seat of my car… You all know what happened… I decided then, I would not become the provider of firearms to the thieves who, sometimes have “lifted” bicycles from my garage and money from my home. They got no guns, because I no longer own any. That doesn’t mean I am afraid of firearms, or would have them banned.

    Much more the contrary, I love the thought that, in THIS country, you may have all the firearms you can buy and take proper care of.

    And, not how old you are, but, how soon can you pick one up and fire it well enough to hit the target is the measure of when you may have your own! (like that 11 year old girl who was handed the gun so She could kill the cougar. I am sure she and her older brother, and the man (granpa-or, whoever) who handed her the gun knew she was a good shot!

  • Bill Ascherfeld

    Sure, what I said about having all the firearms you can buy and properly care for is the meaning behind the 2nd Amendment of The Constitution for The Republic etc. and many people object to that idea, but, tell them, “Well, this is a free country… Go take a hike … Find a country YOU like better and settle there!”

  • doug

    I agree with the “bad cop” theory of this story, but I have had a CWP for fifty years now and have never seen a permit that had “ANY” list of guns owned on it, and the law say’s that any gun purchase records have to be purged after six weeks and I don’t know ANY gun dealer who will violate this law.
    I know a number of cops in my area, (lg. city), all say “no one knows where any civilian guns are”, I know for a fact that NONE of my 26 guns are registered nor will they ever be, they will be “stolen” first.
    A little common sense goes a long way when dealing with any government, they are snakes who will tell you “ANY” cock N bull story ???, to make you “THINK” they know more than they do.
    STAND YOUR GROUND, don’t let “BS TALK” spook you into giving ground to anyone. !!!!!!!!!!!

    • White Bear

      I live in Utah and our permits don’t list any guns either. I have a lot of friends in neighboring Nevada though and their permits definitely list every weapon they’re “allowed” to carry. what a bunch of crap.

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  • Busdriver Bill

    Is it time to use the fifth?

    • aebe

      Better to have hit your target with one of the first four , yes ?

  • Hossmiester

    Doug, you might want to be informed a little better. Having been an FFL dealer I had to give those forms to the ATF when I turned in my license.
    “The Form 4473 contains name, address, date of birth, government-issued photo ID, National Instant Criminal Background Check System (NICS) background check transaction number, make/model/serial number of the firearm, and a short federal affidavit stating that the purchaser is eligible to purchase firearms under federal law. A dealer must keep this on file at least 20 years and is required to surrender the log to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) upon retirement from the firearms business.
    Also any firearm you wish to carry in California must have it’s serial number on your CCW. Other wise it is an illegal carry and you can and will be arrested for having it concealed.
    Just a few things about laws in different states Sir.

    • smitty6398

      I queried the dealer I bought my last firearm from about the NICS process. At the gun show.. He let me listen in on the call, at least his end of it. He identified the purchase as a handgun, gave all of my personals, and got a call back in less than 15 minutes. NO info about Make, Model, S/N, etc. Curious, I asked him if I could have a copy of the Form, he said if we were at his shop he would gladly give me a copy, but had no way to do so at the show. Asked him what the disposition of the Form would be: he informed me that HE was required to keep the Form forever. Logical reasoning tells me that BATFE knows I bought a firearm and where to find the records of that sale. Oh, he also told me that BATFE required the records to be surrendered with the license if the shop closed.

    • aebe

      Yup !

  • magic1114

    He also needs to have a civil action on the back burner for the violation of his constitutional rights. There’s nothing a tax hungry tyrant fears more than being hit in the pocket book!

    • Bullets First

      I ain’t disagreeing magic, but what really needs to happen is a law saying that the people RESPONSIBLE for the injustices should have to pay out of their OWN pockets. As it stands now, even if he wins a civil suit, it is the taxpayers who foot the bill. Don’t get me wrong, he deserves the money, it should just come directly from those responsible.

  • reggiec

    Here is another possible horror story in the making. The ATF recently sent out a memo stating that the mere possession of a “medical cannabis recommendation” is probable cause to deny a person their Second Amendment rights. This is because cannabis is listed as a Schedule I substance and anyone using it is considered a dangerous drug addict.
    Now before anyone goes nuclear consider this:
    Law Enforcement Against Prohibition (LEAP) is comprised of many in the criminal justice system both retired and current. They believe the laws concerning cannabis are over reaching and brand many as criminals unfairly. Now it seems they can be used to take firearms.
    Many veterans use cannabis for PTSD and relief of pain for injuries sustained in the service of their country. Medical research has identified many legitimate uses for medical cannabis and as more research is done, many more legitimate uses will be identified.
    Legitimate Medical cannabis users are now in danger of losing their Second Amendment rights when Anti gun proponents use administrative search warrants to seize medical records associated with the dispensing of medical cannabis. Many of these records are already in the hands of law enforcement. Will the ATF demand access to those records?
    How about a person that gets pulled over for drunk driving that has smoked some cannabis weeks in the past but then tests positive in a piss test for cannabis? The test does not establish the level of THC (the psychoactive ingredient in cannabis) only that byproducts are present. Oops his guns according to ATF can be seized.
    Anti gun radicals will use every tactic possible to disarm American Citizens.

  • glock 19 fan

    So will he sue the police and prosecutor for malicious prosecution?

    • Bullets First

      Not sure Glock fan, I would imagine he would wait until he gets his firearms back first. I can envision him bringing a lawsuit before then and a “whoops paperwork mixup, your guns were accidentally destroyed” scenario playing out. People can be petty when their BS is held accountable.

  • Mark Are Reynolds Ⓥ

    More piggies just doing what piggies do…enforce “laws’ that those who write their checks tell them to enforce. I’m surprised that they can count to 10 without taking off their shoes.