Joseph Palumbo, co-owner of the Albion Gun Shop, released information today that New York State Police officers from the Narcotics Enforcement Unit demanded the shop’s release of all customers who purchased New York SAFE Act compliant rifles under threat of a warrantless SWAT Team Raid.
Since the passing of the New York Secure Ammunition and Firearms Enforcement (S.A.F.E.) Act, the New York State Troopers Narcotics Enforcement Unit has been delegated to enforce the S.A.F.E. Act and to handle all matters pertaining to the S.A.F.E. Act.
This unit has visited Mr. Palumbo on several occasions, disrupting his business, to see that Mr. Palumbo is compliant with the S.A.F.E. act provisions for licensed gun shops owners.
“The New York State Police told me that my guns were NY S.A.F.E. compliant. The chief of the Medina police told me my rifles were NY S.A.F.E. compliant and in fact purchased one of the guns from my shop.” James D. Tresmond, attorney for the Albion Gun Shop, raised the possibility of entrapment. “My client disclosed to me that he would not have sold these rifles to the general public had they not been approved by the New York Division of State Police”.
Meanwhile, a confidential informant from within the state police released an email from New York State Police Division Counsel Kevin Bruen which insinuates that police department itself cannot understand the S.A.F.E. Act itself. The email, which was a response to a state trooper’s inquiry as to whether modified rifles were New York S.A.F.E. compliant. Division Counsel ordered that “a court would have to rule on the legality of these rifles”.
“The New York S.A.F.E. Act is being enforced arbitrarily on a case by case basis,” Tresmond said. “That amounts to unconstitutional vagueness under the Supreme Court’s Morales standard, and the law should be enjoined for that reason alone.”
Mr. Palumbo, concerned that his license to sell firearms in New York may be affected by recent solicitation by the New York State Trooper Narcotics Enforcement Unit, has retained Tresmond Law to represent him in all legal matters concerning any possible investigation or litigation made by the New York State Narcotics Enforcement Unit regarding his business. Mr. Palumbo opened up the Albion Gun Shop in 2012 and it is through this business that he makes his livelihood.
The Albion Gun Shop intends to take immediate legal action tomorrow morning to remedy this problem.
We will post updates as they become available.