Iraq combat Veteran Convicted of NY SAFE Act Violation, Avoids Jail Time

Simeon D. Mokhiber was busted for possessing three 17-round Glock magazines. (Photo: Facebook)

An Army veteran of the Iraq War has been convicted under New York’s SAFE Act for possessing three 17-round Glock magazines.

Simeon D. Mokhiber, 42, who served seven years in the Army’s 82nd Airborne Division, avoided jail time but must perform 15 hours of community service by March 1 and pay $375 in surcharges. His three felony convictions will also prohibit him from owning firearms under federal law.

The SAFE Act is one of the country’s most draconian gun laws and prohibits possessing magazines capable of holding more than ten rounds of ammunition.

“I think that the SAFE Act is clearly unconstitutional,” Mokhiber said after his court hearing, according to The Buffalo News. “The Second Amendment is only one sentence long. It’s written in plain English, that one sentence, and the SAFE Act clearly violates it. It’s not a complicated matter.”

Testifying in his own defense, Mokhiber argued that the jury should ignore New York’s gun control law due to its unconstitutionality.

“The facts that I tried to get across to the jury are that our rights that are enshrined in the Constitution and the Bill of Rights are not for New York State or Gov. (Andrew M.) Cuomo to infringe upon,” Mokhiber said. “We have rights that are supposed to be protected. I think it’s important that a jury judge the law and the facts.”

Police stopped Mokhiber for speeding and driving while intoxicated in April of 2016. They searched his car and discovered three loaded 17-round Glock magazines in a container. There was no handgun in the vehicle.

SEE ALSO: Pro-Gun Senate Candidate Busted for Violating NY SAFE Act

A jury convicted Mokhiber in April of 2017 for possessing what New York’s law calls “high capacity” magazines, but they acquitted him of the drunk driving charge.

Niagara County Judge Matthew J. Murphy III passed the sentence. Mokhiber faced a maximum of 21 years in prison or five years of probation.

Murphy said his lenient sentence was “not a commentary on the New York SAFE Act,” but rather the result of the letters he received on behalf of Mokhiber. He told The Buffalo News that he has never received more letters in his 10 years on the bench.

Despite the light sentencing, Mokhiber and his team plan to appeal.

“We’re going to take it all the way,” said James M. Ostrowski, Mokhiber’s defense attorney. “We’ll look at every conceivable issue.”

If this case reaches the higher courts, it could provide an opportunity for a pro-gun ruling striking down bans on magazine capacities.

{ 36 comments… add one }
  • nfafan November 3, 2017, 8:54 pm

    Feel bad, but why would anyone who enjoys and supports the 2A would continue to live in NY is beyond comprehension. Leave it to the canerous libtards and get out. Thankfully I am with a different employer now and will never have to involuntarily step foot in NY, NJ, MA, CA again.

    • Mahatma Muhjesbude November 4, 2017, 3:21 pm

      I don’t mean to be an ‘I told you so’ but..I’VE BEEN FUCKING TELLING EVERYBODY FOR YEARS NOW TO GET OUR CONGRESS to REPEAL THE 1968 GUN CONTROL ACT AND ANY OTHER UNCONSTITUTIONAL ILLEGAL LAWS THAT MAKE PERMANANT GUN PROHIBITION AN ETERNAL PUNISHMENT FOR A CRIME even after the offender has paid his dues to society for his crime! This never ever stopped a repeat offense, or any ex criminal from getting a gun if they wanted to use one. Everybody not on intravenous heroin knows that now? So what possible fucking reason could this ‘punishment’ be for, in reality??? And only proliferates repeat offenses because an ex offender becomes a sub class citizen with a permanent public stigma, even though he rehabilitates and once again becomes a law abiding citizen. Thus forcing many of those trying to live a life of redemption and value production again to potential criminal acts again because they can’t get a job because their ‘record’.

      I predicted a long time ago where this ‘intentional’ totalitarian slippery slope would wind up. And now you have it. They have finally come full totalitaraian circle to reveal their insidious disarmament agenda. Permanent disarmament, by statue at least for now, of even our most respected combat Veterans. And guess what, dumbshits, The 2nd/a actually protects us from this sort of thing. Half the fucking Patriots in Washington’s army and the militia were criminals. Nobody took away their guns if they were once again freemen?

      You all asked for it by your inactivity and complacency to this very serious problem within our corrupted, out of control police state criminal justice system which defies all notions of social rehabilitation and life redemption.
      and redemption.

      I can’t wait until all you morally superior morons who make arrogant control freak statements like ‘ex criminals or mentally ill people should not have guns’. shit in your pants when the midnight ‘knock and chat’ probable cause phishers come a knock knock knocking…at your chamber door, and if you don’t open the door, the Swat team behind them will come a flash, flash, flashbanging, to arrest you for a ‘crime’ your were committing that you didn’t know existed because they are making so many things illegal now–which is part of the disarmament sequence plan– but nevertheless will illegally ‘allow’ them to arrest you, search your home without mercy, bring in a drug sniffing dog who makes incorrect ‘hit’s about fifty percent of the time, but will still, then, allow them to seize your property under the also illegal criminal asset forfeiture seizure ‘laws’.

      I can’t wait to the smug look on all your holier-than-thou faces then. And I’ll say…you got what your indifference deserved, and you derserve what you got, for not listening to some of us who kept telling you.

      The ONLY absolute way to prevent them from effectively disarming a populate is to NOT have the permanent gun prohibition of a convicted criminal in place anymore for them to use that to effectively disarm those who would have to non brainwashed balls to physically put their lives on the line to defend against tyranny. PERIOD!

  • Buck451 November 3, 2017, 3:39 pm

    You need to pay close attention here. No gun in the vehicle, of any kind. Now he is a convicted FELON that cannot posses any kind of gun.
    I wonder if he was forced to turn in all of the guns he owns before being released? No matter what, the end result is this man can NEVER own another gun of any kind again, because of a normal, everyday traffic stop. If a officer walks up and sees ammunition or anything that has something to do with guns or ammunition, he has probable cause for a search on the grounds of a suspected felony in progress.

    • Glenn61 November 4, 2017, 7:22 am

      Easy solution to the problem here,,, GET OUT OF NEW YORK…!

  • Charles Kimberl November 3, 2017, 1:48 pm

    Hopefully, one of these perpetually panhandling pro-gun groups will help fight this horrible conviction.

    • GradyPhilpott November 3, 2017, 5:46 pm

      It takes money to fight such laws and that takes a near continuous appeal for funding.

      This is true because the efforts to deprive us of our constitutionally-protected rights never ceases and the cause is trotted out at every opportunity, even when it is not relevant, such as was the case with the truck attack in New York, when the New York City mayor and governor of New York both decided to call for stricter gun-control in a press conference.

      If you’re whining about the fund-raising efforts of gun-rights groups, then you should get real, take note and donate to your favorite organization at every opportunity.

      • Mahatma Muhjesbude November 4, 2017, 3:25 pm

        Yeah, Don’t donate to the AC
        LU; Help out something like The Rutherford Institution. That take cases like this. There Chairman, John Whitehead wrote a book, Battlefield America which reveals just how bad it’s become with all these ‘disarmament laws’.

  • joefoam November 3, 2017, 1:15 pm

    I hate to keep repeating myself on all these issues in NY, but who the hell elected these people to represent them? If you didn’t vote shut up and let them run over you and your rights. And if you disagree write, call or do something to let them know you won’t stand for anymore. The politicians are not reading these comments, they could care less as long as they get re-elected and stay in power.

  • Kris Colt November 3, 2017, 12:10 pm

    Ted Kennedy drove his car off the one-lane bridge and into a tidal channel. He swam free, vainly tried to rescue Kopechne, left the scene, and did not report the accident to authorities for ten hours. Meanwhile, Kopechne drowned in the vehicle that was submerged underwater. The next day, Kopechne’s body and the car were both recovered by a diver. Kennedy pleaded guilty to a charge of leaving the scene of a crash causing personal injury; he later received a two-month suspended jail sentence.
    Niagara County Judge Matthew J. Murphy III passed the sentence. Mokhiber faced a maximum of 21 years in prison or five years of probation.

    Ted let a girl drown and got a two-month suspended jail sentence.
    This guy had three 17-round Glock magazines. and faced a maximum of 21 years in prison or five years of probation.
    SAFE ACT-MY ASS

  • jte340 November 3, 2017, 11:22 am

    New York is without a doubt right up there with California, New Jersey, Massachusetts and a few others infringing on 2A. Unfortunately the people who live and vote in these states are ultimately to blame. ” A constituency of sheep begets a government of wolves” Sorry if if didn’t get that quote right but that statement was from someone much smarter than the current voters of these communist states and was smart enough to know this a long time ago. Democratic party was hijacked years ago by socialist/communists. What other explanation could there be for a political party to intentionally destroy a free country? Dems giving free stuff=Dem votes. Open borders=more Dem voters. I wonder why Dems are against Voter ID law.

    • Irv November 5, 2017, 7:37 pm

      I live in ny and own plenty of rifles and handguns. I agree with everyone saying ny sucks for 2nd but some actually live in the country and like our property. The problem lies with the connection of nyc and all the douche nozzles that support that worn out whore Hillary. For those of us who want change can’t contend with the amount of anti gun douche bags. I’m glad I lost my hearing as a USMC machinegunner so these dogooders have rights to run the state in the ground.

  • Ricky Price November 3, 2017, 10:30 am

    I would live in a cave of another state, before I would live in NY. Whats there. If I can’t protect myself, whats worth living.

  • Don November 3, 2017, 10:22 am

    That is the New York game plan. Stuck a felony on anyone they can for any reason, to void their 2A rights

  • Rouge1 November 3, 2017, 9:50 am

    Read ,he wasn’t convicted of dui ,speaking of not being smart enough. You do represent half of America well. The stupid half.

  • Bobo November 3, 2017, 9:31 am

    The NY Safe Act is one crazy Law. I moved out of NY five years ago when I retired and moved west. When the law was past I called the NYS police to find out if my SKS was legal. No one seemed to know. When the law was voted on the upstate pro gun republicans voted for it too. The Law at the time didn’t exempt police so they were in violation of the law along with movie companies who filmed movies using high cap magazines. In NYC the police handguns are required to have 11 pound pulls since they don’t want the cops blasting off to many rounds at a perp. You can posses a black powder pistol however if you load it you must have a concealed carry permit. When that crazy Muslim ran down people in NYC with the truck recently Cuomo called for more gun control at his press conference. It’s one crazy state.

    • Mahatma Muhjesbude November 4, 2017, 3:39 pm

      Uh, BREAKING NEWS! Under Obama, the leftist totalitarians proposed a Federal Bill just like the one in New York. So all you ‘migrating ducks’ would have no place to fly to and land that would be ‘safe’ if Truimp hadn’t ‘trumped’ Hillar in this last election? The first thing they would have done would be to revist this law, as well as the national background checks, as well as the one your mama’s warned you about, and the one that ‘works’ for other countries like Australia and the UK, that we’d all have to have a ‘mentally competent’ notation on our ‘National I.D. Cards’ (your 2005 Real I.D. Act) …TO EVEN LOOK AT A FUCKING GUN!
      We can’t just run and hide from this. Marxist elitist billionairs are literally trying to rebuild State governments with generous campaign donations to shift the power and will of the people to their gun confiscation political agendas.

      We have to FORCE our legislative punk ass employees to repeal all gun laws, lor threaten to fire them,and start over again with the criminal justice and penal system. We have to form more local neighborhood PACs to organize and control the Constitutional vote.

  • Ray Stone November 3, 2017, 9:17 am

    I wish something would be done about NY carry laws. I live in New England area VT ME NH
    I can’t get to the rest of the country because NY prevents me passing through. I can’t even apply for a CCW because I’m not a resident.

  • Steve November 3, 2017, 9:00 am

    That is an unfair law if there ever was one. How many outlaws adhere to the 10 round mag rule? After my 11th shot, I’m dead because of it? That’s one I’d like to see repealed. Not getting ammo in the mail is another. Amazon won’t send pellet guns, or pellets to Massachusetts. That’s their own warped policy.

  • KENNETH WETZEL November 3, 2017, 7:36 am

    New York and California are 2 states I do not wish to see or visit before I die! These are the most ridiculous liberal states there is, I even try not to order goods from them , just like China.

    • Infidel762x51 November 3, 2017, 8:29 am

      The people’s republic of NJ is even worse than NY. Even slingshots are prohibited weapons and you need a foid card for a B-B gun or a power hammer.

  • Binwnc November 3, 2017, 6:42 am

    What’s funny to me is, he committed a felony in the rest of the world (can’t go to Canada now and Europe will put you under the jail for dui.)
    While I disagree with the SAFE act, he knew that if he lived in NY. The law needs to be changed, but I don’t want the face of 2A supporters being a DUI guy, who isn’t smart enough to leave the high (by zoo York standards)at home when he goes out drinking.

    • mtman2 November 3, 2017, 8:09 am

      It happens- and NY legislators are the criminals here as well as the assinine governor(not to frget NYC Commie mayor).

  • knowledgeispower November 3, 2017, 3:10 am

    Blue Dog: is what form or fashion do you believe the safe act is a “good Law”?

  • Blue Dog October 31, 2017, 7:55 pm

    Is this guy supposed to be some kind of hero? He was caught flagrantly breaking the law while breaking other laws. I am glad for his service to our country but it sounds like our roads would be safer were this individual not allowed to drive on them and then he goes off and positions himself as some sort of civil rights martyr to the court system? Was he wanting to get caught with those high-cap mags? Boggles my mind.
    There are ways to challenge laws you don’t like. There are ways to challenge laws that don’t involve drunk driving. I think the SAFE Act is a good law but there are others that don’t and they can appeal those laws in the courts. That is how it works in a nation of laws – not this sort of misguided vigilante-ism? Until then, obey the laws, even those that you don’t agree with.

    • Randal Koebler November 3, 2017, 2:41 am

      He was acquitted of the drunk driving charge. Sounds as if the entire case should be thrown out. A Glock 17 round mag is a standard capacity mag, not high capacity. I’m sure the gangs have now started using 10 round mags. Another law that targets law abiding citizens. Laws that are unconstitutional are illegal.

    • Adam November 3, 2017, 2:50 am

      He was acquitted of the DWI charge. That doesn’t mean he actually wasn’t drunk whilst driving, but he did get acquitted and that has to stand for something.

    • Darren Meacham November 3, 2017, 4:49 am

      Hey, Blue Dog, he was acquitted on the charge of driving under the influence.

    • Darryl November 3, 2017, 4:58 am

      feel sorry for you. what will you do when they come and take one of your rights away that you like i wonder and they will.

    • MI_Vet November 3, 2017, 5:20 am

      You really can’t call 17 round magazines high-capacity when they’re the standard capacity for the majority of the states. Being a veteran he probably purchased his Glock in another state prior to moving to NY. Is he supposed to dispose of his magazines? Would he get in trouble if he had original packaging (black box) that says it came with 2 or 3x 17 round magazines if it were a blue label because they’d be looking for them? The correct answer to this situation is the magazines should have been confiscated at worst. Maybe the gun stores in NY have an understanding and you can swap them for state legal ones and the cop could have given him a “fix-it ticket.” Does this rule apply to people passing through NY too? I’m all for following the rules but sometimes ignorance is just that. If he or anyone willfully tries to circumvent the law than they need to be punished within reason…this is not a level of crime that should warrant a felony and never being able to have a gun again. I’m sure there’s more to the story but none the less, if it’s remotely an accident or oversight this is absurd and a reason I’d want to visit NY

      • jrkmt1 November 3, 2017, 7:33 am

        Unfortunately, the magazine capacity limit of the SAFE Act applies to those simply passing through New York.

    • Jake November 3, 2017, 6:38 am

      Any time the govt says “safe” it’s trying to justify making you less free.
      Wake the fukc up or leave the country.

    • 66mtman2 November 3, 2017, 8:32 am

      Hah – “a good law” – it’s unConstitutional = “makes it no law at all” – that was the words of James Madison you know the guy who wrote the Constitution?-!!!
      One thing has nothing to do with the other nor should it.
      The so called law was never vetted, seen nor debated by legislators let alone the public- you know “WE the People” and was passed in the dead of night. Please do wake up to facts before giving your opinions.
      re-
      MOREOVER – 99% of NY Sheriffs showed up in Albany to protest this to see the pos Governor who refused to meet with them.
      Cuomo should be impeached and the other half of the DemocRat’s not already indicted for crimes- should be for corruption in the “pay for play” Albany has with crooked NYC crime bosses.
      Cuomo is still under investigation which he tried to cover up that had many of his people already arrested.
      He is worse then Obama as he knows more and is better connected to the DC swamp – and – he wants to run against Trump in 2020.
      You couldn’t get much more unAmerican unless looking at comrade DeBasio.
      So no the safe act garbage is illicit and must be thrown out…

    • Penrod November 3, 2017, 1:19 pm

      Blue Dog: “There are ways to challenge laws you don’t like.” That was back in the days of the long torn up social contract. The Dems and too many Republicans voided the social contract when they stopped abiding by their side of it. There is no longer any moral obligation to abide by laws when the legislators don’t abide by the state and federal constitutions. None. We abide out of personal beliefs that we should not do certain things whether they are legal or not, or out of fear of the government’s power to harm us, not out of any moral obligation. When legislators and judges look you right in the eye and say that ‘shall not be infringed’ obviously means ‘may be made a felony’, they are not simply expressing disagreement over interpretation of arcane documents: they are lying traitors who we have allowed to take over our governments at every level. When legislators and their judges decree that the 1st Amendment’s guarantee of freedom of religion means that legislators may criminalize a baker, a wedding photographer, or a caterer turning down business which offends their religion, they are saying they consider the US Constitution the same as dog manure between a toddler’s toes. I am satisfied that if the NY legislators who voted for this magazine law, and the judges who upheld it were given fair trials for treason by the Founders or nearly anyone of their generation, the whole lot of them would be spending long years in prison. New York legislators and judges have no moral authority, nor do the voters who knowingly put them in power. They tore up the social contract on too many issues: it is over. They have power on their side, nothing else.

    • Mjorin November 3, 2017, 11:46 pm

      Blue dog, what freaking country did you move from to the USA? You can’t challenge a law in this country until you’ve been convicted based upon that law. Are you an idiot or a communist. This is not how this country of laws is supposed to work. Anyone with a minimal understanding of the Constitution would understand this. I think you’ll make a good slave!

  • woodchuckwacker666 October 30, 2017, 3:41 pm

    … Give those liberal constitutional gun grabbers a swift kick in their NWO buttocks for attempting to distort the meaning of the 2nd Amendment with illegal laws & then send them to jail instead…!!!

  • LHTwist October 30, 2017, 3:37 pm

    “We’re going to take it all the way,” – Best of luck!!! It’s about time someone made a statement about the liberties taken with Constitutional Rights.

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