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Friday, April 23, 2021

New York “Silencer” Case Tossed because Item was a Solvent Trap

U.S.A.-(AmmoLand.com)- On 7 January 2020, John Andrews was the target of a “controlled delivery”. A controlled delivery is where contraband has been intercepted and is delivered to a suspect as part of a warrant for a search. Acceptance of the parcel containing the contraband is part of the necessary conditions for service of the warrant.

The parcel in question was a solvent trap ordered from China. Solvent traps are not contraband.

The warrant claimed the solvent trap was an illegal silencer. New York is one of only eight states where it is completely illegal to possess a silencer.

Agencies present at the controlled delivery and warrant service were West Seneca Police, Agents of Homeland Security, the ATF, Customs, and the Postal Inspector’s office. Andrews had several firearms and firearms parts, legally obtained and possessed, in his home. He was indicted on six felony charges.

There was a problem for all those police and agents. The solvent trap was not an illegal silencer.

The warrant was not legally obtained. All charges were dismissed on 14 January 2021. From buffalonews.com:

The problem with the warrant a West Seneca police detective got for Andrews’ home, which was based on information supplied by federal agencies, was this: they told a town justice Andrews was getting a “silencer” shipped to him, not a solvent trap.

“The choice of words used by the police in the application were persuasive and wrong,” Justice Christopher J. Burns wrote in his Jan. 14 decision. “As a result, this court must find there was a reckless disregard for the true nature of the item and must suppress any items recovered through the search warrant.”

All of the charges appear to be based on New York State statutes, not Federal statutes. If there were federal violations, the charges would have been heard in federal court.  A month after the charges were dismissed against John Andrews, another resident of Erie County was entangled in a similar case.

On February 11, 2021, another search warrant was executed based on information from the U.S. Customs and Border Protection.

 

Click the link to read the whole article:   New York “Silencer” Case Tossed

 

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