Federal prosecutors have an interest in a North Carolina man who was arrested March 19 in Le Roy after allegedly being found in possession of an AR-15 rifle in violation of the SAFE Act.

Michael Alan Jones, 24, of Raleigh, has been charged in U.S. District Court in Western New York with possession of a firearm and ammunition as a convicted felon, and has reportedly reached a plea deal with federal prosecutors.

The FBI's interest in Jones may have more to do with his alleged participation in the Jan. 6 attempted insurrection in Washington, D.C.

The online news site RAW Story links Jones to two extremist groups, the Proud Boys and Patriot Front, and places Jones in the Capitol on Jan. 6.

At 4:36 p.m. March 19, deputies Kenneth Quackenbush and Nicholas Charmoun stopped a gray Nissan Sentra driven by Jones for an alleged traffic violation. Upon approaching the vehicle, the deputies observed several knives, military surplus gear, and two compound bows inside the vehicle, according to a Federal affidavit by an FBI agent. 

 The affidavit says a passenger in the car was identified only as PK.  The deputies reportedly observed a backpack on the passenger-side floorboard with bolt cutters protruding from the pocket.

Upon searching the vehicle, the deputies located pry bars, bolt cutters, and gloves, which, the affidavit states, the deputies believed to be consistent with burglary tools. They also found pepper spray and ammunition. 

When asked about the ammunition, according to the affidavit, both Jones and PK claimed ownership.  

Jones later said he owned everything in the vehicle except the backpack, and that the ammunition was "someone else's."

The agent wrote, "GSCO deputies asked JONES if there was a firearm inside the vehicle. JONES responded, 'There shouldn't be.'"

Deputies determined that the plate on the vehicle didn't match the vehicle, and the plate was removed from the vehicle and the vehicle was towed from the scene.

A subsequent inventory search uncovered, according to the report, military surplus gear, Beofang handheld radios, additional knives, and the "Army Tactical Combat Casualty Care Handbook."

Deputies also located in the trunk a Palmetto State Armory AR-15 rifle, bearing serial number 5CD729076, and a 30-round Magpul PMAG magazine was found in the trunk of the vehicle.

The agent says that Jones told deputies that he purchased the firearm a "long time ago," but never fired it. He allegedly said he brought the rifle from North Carolina to New York.

The agent said that on April 19, the FBI interviewed a person in North Carolina who had worked with Jones at a Cracker Barrel in Mebane, N.C., and that this former co-worker, HN in the report, said initially that he didn't recognize the rifle but that he had purchased it for Jones. He said he purchased it through the Palmetto State Armory website and used PayPal to complete the purchase.

The rifle violated the state's SAFE Act because the rifle was equipped with a flash hider, capable of accepting a removable magazine without a pinned magazine release, and was equipped with a telescopic stock. 

Jones' prior felony conviction in North Carolina, referred to in the Federal charging documents as "a crime against nature," involves Jones, at 18 and 19, having sex with minors, aged 14 and 15. He was arrested on charges.

According to sources, Jones has no known ties to Genesee County. It's unknown why Jones and PK, who is from the Finger Lakes region, were in Genesee County when deputies spotted the Sentra reportedly making an illegal turn in the area of Route 33 in Le Roy.

Locally, Jones was initially charged with criminal possession of an assault weapon 3rd, criminal possession of a weapon 3rd (ammunition feeding device), unsafe turn, number plate violation, and driving an unregistered vehicle on a highway. 

Jones, according to the arrest report, served in the U.S. Army.  The report states he wasn't employed at the time of his arrest and his highest education level was high school.

District Attorney Kevin Finnell said the local case was dropped after Jones was charged Federally because of a defendant's Constitutional protection against double jeopardy. 

Sheriff William Sheron praised the effort of Quackenbush and Charmoun in apprehending Jones.  

"This was another example of good police work," Sheron said. "Looking beyond the traffic ticket."

By reintroducing the Second Amendment Guarantee Act (SAGA), Congressman Collins continues his effort to protect the Second Amendment rights of all New Yorkers by limiting a state's authority when it comes to regulating rifles and shotguns.

The Collins’ bill would prevent states from implementing any regulations on weapons that are more restrictive than what is required by federal law. Passage of this bill would void most of the language included in New York’s Secure Ammunition and Firearms Enforcement (SAFE) Act of 2013 signed into law by Governor Cuomo.

“Governor Cuomo unjustly took away the Second Amendment rights from law-abiding New Yorkers with his so-called SAFE Act,” said Collins. “I have and always will be a strong supporter of the Second Amendment and my legislation will guarantee that New Yorkers have the rights guaranteed to them in the Constitution.”

The Cuomo SAFE Act violates federal regulations because it imposed rifle and shotgun bans that possess certain features. It also banned the capacity of magazines that hold more than 10 rounds of ammunition and limiting magazines to seven rounds at any time.

Any current or future laws enacted by a state that exceeds federal law for rifles and shotguns would be voided under the Collins' legislation. Should a state violate this law and a plaintiff goes to court, the court will award the prevailing plaintiff a reasonable attorney’s fee in addition to any other damages.

About 70 members of rod and gun clubs in Genesee County were at the Northwoods Sportsman Club in Le Roy this afternoon to fire one shot each at noon to protest the SAFE Act and express support for Rep. Chris Collins' bill to block the SAFE Act at the Federal level.

Both Collins and State Senator Micheal Ranzenhofer were on hand to participate in the "Shot Heard Around New York" event at precisely noon today.

Collins said his bill, the Second Amendment Guarantee Act, has a good chance at passage if it gets out of the Judiciary Committee for a vote on the House floor because the NRA has said it will score the vote if it comes to a floor vote.

Even though New York's SAFE Act is the impetus for the bill, many members of Congress, both Republicans and Democrats, recognize this isn't just a New York issue because their states could also pass bills that violate the Second Amendment.

"I absolutely support the 10th Amendment, states' rights," Collins said. "Some folks have said this is a Federal preemption of sorts, and I’ve tried to remind them what we’re doing here is preventing a state from restricting Second Amendment rights; just like a state cannot restrict First Amendment rights, a state cannot restrict religious freedom, and they should not be able to do as New York has done -- restrict Second Amendment rights."

The bill has not been popular in Albany, Collins said.

"Andrew Cuomo knows this is a real fight because we know how he does things," Collins said. "He threw a tantrum in his office. The report we got back was there were objects being thrown through the area. That’s typical of what we’ve heard of the governor.

"He knows once we get this passed he can sue us all day long, but we’re going to make sure it’s written in a way that we’re simply saying that a state cannot preempt federal law when it comes to restrictions or requirements on long guns."

Ranzenhofer thanks Collins for his efforts.

"Every year issues come before us and we stop a lot of bad legislation from coming through, but we need your help on this particular piece of legislation," Ranzenhofer said. "You know with our governor, he is not going to sign a repeal bill.

"That’s why I’m so thankful that Congressman Collins is leading this fight in Congress because when you can’t do it directly this is the option that we have, doing it at the Federal level and saying 'New York State, this is not going to happen.' "

In short, the county has no role.

This is a State Police process, Cianfrini said.

Recertification requires gun owners with pistol permits acquired before Jan. 15, 2013 to fill out a form with information about themselves and their pistols and submit it to the NYSP (there is an online form for this). For those gun owners required to recertify, they must complete the application before the end of January, 2018.

The recertification requirement was part of the SAFE Act and it's taken the state these past couple of years to come up with a system for implementing it.

Gun owners don't trust the state or the process, said Bill Fox, president of Genesee County SCOPE (Shooters Commitee on Political Education).

"I don't trust them for the simple reason there is no reason to trust them," Fox said.

For one thing, Fox said it doesn't seem like the state is entirely transparent about the recertification process. He alleges there is a secret mental health database the state isn't disclosing that can be used to deny recertification.

The other criteria the state might use to deny recertification isn't clear, he said.

And if a gun owner is denied recertification, he said, the state can use that denial as an excuse to take all of a person's long guns as well.

"That's written right into the law," Fox said.

Fox indicated it would actually be better if recertificate was handled at the county level.

"That way, if there was a problem, I could just go into Mike and straighten it out," he said.

The process is easier and more transparent in Pennsylvania, Fox said.

Cianfrini said the only role for the county is in assisting gun owners in obtaining records and making sure they're accurate to help make the recertification process easier for the gun owner.

I am deeply disappointed in the decision by the U.S. Court of Appeals’ Second Circuit to uphold the core provisions of the NY SAFE Act. This legislation infringes on the constitutional rights of gun owners across New York State and is clearly unconstitutional. My district alone is filled with thousands of law-abiding citizens with firearm ownership as part of their family’s traditions. This law disrespects their way of life and hinders their ability to defend themselves in the unfortunate event of a burglary or break-in.

“Aside from the facts that this law is arbitrary to a fault and lacks the enforcement mechanisms to make it effective, the process by which it was passed through the Legislature is deeply troubling. The SAFE Act was passed under cover of darkness on one of the first days of the legislative session, and I can attest to the fact that few members of the Legislature had even read the bill before it was voted upon.

"As lawmakers, we are supposed to hold transparency and accountability in the highest magnitude. The SAFE Act was forced through the legislative process with complete and utter disregard for these objectives and should be repealed immediately. I will continue to sponsor legislation that repeals this unconstitutional measure and places integrity above political ambition.”

Assemblyman Steve Hawley (R,C,I-Batavia) today commented on the actions of Assembly Majority Codes Committee members, who killed two bills that would have repealed the unconstitutional SAFE Act. Despite an impressive showing from pro-Second Amendment sportsmen, members of the Assembly Majority killed two bills sponsored by Hawley, A.2651 and A.3350, that would have repealed the NY SAFE Act, which was passed controversially in 2013.

Hawley said the SAFE Act continues to violate New Yorkers’ Second Amendment rights and was irresponsibly jammed though the Legislature in the middle of the night as a political stunt by Gov. Cuomo.

“I have, and always will be, a supporter of the Second Amendment,” Hawley said. “Any legislation that takes away a law-abiding citizen’s ability to possess firearms is an unconstitutional act of government tyranny. I am from a rural district in Western New York and my experience with gun owners has been exemplary. Most gun owners are responsible hunters or firearm enthusiasts, and to prohibit them from adequately protecting themselves or their families is indefensible and governmentally oppressive.

"New Yorkers, in no way wanted this bill to become law, that is why it was rushed through the process in the middle of the night using a message of necessity. A truly fair and transparent government would allow this bill to come to the floor for a vote, but apparently that is not how New York functions.”

Assemblyman Steve Hawley (R,C,I-Batavia) continued his fight to restore the Second Amendment rights of his constituents in Albany by pushing for a repeal of the SAFE Act. Hawley helped force a vote on legislation he cosponsors (A.6238) in the Assembly Codes Committee, which unfortunately was unsuccessful. While vowing to continue fighting to repeal the SAFE Act, Hawley noted that his bill was defeated by Downstate, New York City interests.

“I am working hard with my colleagues who cherish the Second Amendment to see the rights enshrined by it restored. We got a vote on legislation that would repeal the SAFE Act, but it was unfortunately voted down by Downstate Assembly liberals,” Hawley said. “They voted to put honest, law-abiding people in jail for exercising their constitutional right to bear arms and protect their families. Their actions have only strengthened my resolve to stand up for the good people of Western New York who should be enjoying their full Second Amendment rights.”

As long as the Assembly is controlled by Downstate liberals, Hawley recognizes that repeal through legislative means is likely dead on arrival. However, he is hopeful that a lawsuit working its way through the court system will find the SAFE Act unconstitutional when it arrives at the Supreme Court. In the meantime, Hawley vows to continue doing his part to restore the Second Amendment through outspoken advocacy and organizing fellow Second-Amendment enthusiasts.

More than 100 gun rights advocates turned out this morning in 20-degree whether at the NYSP barracks on West Saile Drive to protest the SAFE Act.

As expected, Gov. Andrew Cuomo was the target of the protest signs and the speakers' rhetoric, but as it turned out, Cuomo gave the protesters a little extra ammunition when, during a radio interview yesterday, the first-term governor said, “If they are extreme conservatives, they have no place in the State of New York."

More than one speaker mentioned Cuomo's statement and suggested that perhaps it's Cuomo who should leave New York and is the one out of step with the majority of New Yorkers.

Assemblyman Steve Hawley also took Cuomo to task for his statement.

“The governor’s comments about my constituents are offensive and are a Freudian slip, which reveals what he truly thinks of Upstate New Yorkers. He has no right to come to Upstate New York and call himself governor when he has such obvious disdain for its people,” Hawley said. “The majority of Upstate New Yorkers are pro-Second Amendment and believe in traditional family values.

"If the governor does not think the good people of Upstate New York have a place in New York, he seems to be doing a good job of driving our families out of the state with his highest-in-the-nation taxes and infringements on our rights.”

Cuomo's apparent lack of fondness for the people of Upstate New York is yet another reason, Hawley said, for supporting his call for a voter referendum on dividing New York into two states.

For more on Cuomo's statement, see this Buffalo News article.

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A police officer doesn't always need to write a ticket after making a traffic stop, nor does an officer need to arrest somebody suspected of violating the SAFE Act, Sheriff Gary Maha told members of Genesee County SCOPE at a packed meeting Tuesday night.

Maha said he's obligated under the oath of his office to uphold the law and if the Sheriff's Office receives a complaint about a possible violation of the SAFE Act, a deputy is required to investigate the complaint. It will be up to the deputy to decide whether an arrest is in order.

"An officer has the ability to exercise discretion and that's what we're going to do in Genesee County," Maha said.

His comments prompted applause from SCOPE members.

Maha, along with County Clerk Don Read, Assistant District Attorney Will Zickl and Undersheriff William Sheron were guests of SCOPE at its regular monthly meeting.

Zickl opened the discussion by recapping a recent court decision by U.S. District Court Judge William M. Skretny upholding much of the SAFE Act, or as Zickl called it repeatedly, "the so-called SAFE Act," and overturning others.

Skretny ruled the ban on assault rifles constitutional but threw out the limit on seven rounds in a magazine.

Zickl said the ruling was full of flawed logic.

"I hope there is some other court somewhere who tells him so," Zickl said.

The ruling only applies to the jurisdiction of Skretny's court, which is Western New York.

Read spent some time discusing a provision of the SAFE Act that requires all pistol permits to be recertified every five years.

The process, especially the first time around, is going to be burdensome and bureaucratic and to help get a jump on the process, the state is going to start sending out letters to pistol permit holders soon telling them to apply immediately for recertification. The first pilot project will begin soon in Albany County.

However, what the letters won't tell the holders, nor will any other state literature on the topic, Read said, is that recertification isn't required until 2018.

Read said he doesn't know what the state will do if permit holders simply don't respond to the early recertification request.

The state recently contacted all county clerks and asked if the clerks would like the county seal placed on letterhead sent to pistol permit holders informing them of the recertification process. Read said he told state officials no, but he and other county clerks are concerned the state will use county seals anyway.

Courtland County's Legislature has approved a resolution telling the state not to use its seal. Ray Cianfrini, the new chairman of the Genesee County Legislature, told SCOPE members that the local body will take up a similar resolution and he expects it to pass easily.

That brought another round of applause from SCOPE members.

SCOPE President Bill Fox raised a concern about a provision in the law that would require any pistol permit holder who loses his or her permit for any reason to turn in to State Police all of his or her guns, even rifles and shotguns.

"It's like a backdoor to take away the rest of your guns," Fox said.

Zickl said, "It's a very substantial and very troubling amendment to the law," adding, "you don't have to be too paranoid to be worried about that section of the law."

During his remarks, Maha noted that the governor proudly trumpeted a few weeks ago that so far there have been 1,291 arrests under the SAFE Act in New York.

"What he doesn't tell you is 1,029 were made in New York City," Maha said.

There have been no SAFE Act arrests in Genesee County, Maha said, and only a couple in the neighboring rural counties.

"The law doesn't make sense for Upstate," Maha said. "It was written by the people in New York City who don't know anything about guns because all they know is Downstate and down there guns kill people, so guns are evil. That's not true for us. We were brought up with guns. We hunt with them. We shoot targets with them, but that's not true if you're in New York City."

Sheriff Gary Maha, County Clerk Don Read and Assistant District Attorney Will Zickl.

A hand raised above the crowd during a Q&A portion of the meeting.

Bob Wilson asked a couple of questions, including asking why Genesee County doesn't secede from the rest of New York. Ray Cianfrini, chairman of the Legislature, encouraged SCOPE members to support Assemblyman Steve Hawley's bill, which Hawley introduces every year, calling for a referendum on splitting New York in two. When the question was repeated, Cianfrini said, with a touch of a smile, "I don't think Genesee County will be seceding by itself."

Also, tomorrow, on the one year anniversary of the SAFE Act becoming law, one member of SCOPE said everybody who supports repeal of the SAFE Act should call the governor's office tomorrow and respectfully request the SAFE Act be repealed. The governor's office phone number is (518) 474-8390.

Assemblyman Steve Hawley (R,C,I-Batavia) recently highlighted the newest problem with Governor Cuomo’s overreaching gun control law as another reason to repeal the measure. The State Police have confirmed that they will not begin tracking ammunition background checks and purchasing history on Jan. 15 as planned, due to their inability to compile a proper recording system by that time. Hawley pointed to the hang up as further proof that the bill was irresponsibly rushed into law.

“The SAFE Act was forced through so hastily that its authors didn’t even properly consider its impact on the very law enforcement agencies charged with upholding it,” Hawley said. “It is disturbing to think that this would be handled with such little care that a deadline for enforcement would be imposed that our own state police couldn’t be reasonably expected to meet.

"Between all of the amendments, corrections and corresponding protests from law-abiding gun owners, it could not be more clear that the SAFE Act must be repealed. As a co-sponsor of legislation to do just that, I will continue to fight for our constitutional rights and responsible measures to truly strengthen the safety of our communities.”