My name is Simeon Mokhiber. I am 42 years old; from Niagara Falls, NY and on October 25th 2017 I was sentenced for three class D felonies under the SAFE act in Lockport, NY by the Hon. Judge Matthew Murphy. I think it is in the best interest of the citizens of New York that I appeal this case and I am looking for help in that matter. Please let me tell you a little about myself and my current situation with the SAFE act.
I was born and raised in Niagara Falls, NY and prior to my arrest under the SAFE act I had no criminal record. In 1995 I enlisted in the U.S. Army as an Infantryman. After basic training I completed U.S. Army Airborne School and then in 1999 I graduated U.S. Army Ranger School. During my time in service, I was awarded Two Army Commendation Medals, Three Army Achievement Medals, Two Good Conduct Medals, and the Expert Infantryman’s Badge. I was awarded The Combat Infantryman’s Badge for my deployment to Iraq in 2003 as a Non-commissioned officer with the 82nd Airborne Division in support of Operation Iraqi Freedom. I was awarded the Presidential Unit Citation for direct combat actions on the night of March 31st – April 1st in As Samawah, Iraq. I took an Oath to support and defend the Constitution of the United and on several occasions put my life directly in harm’s way in order to uphold that oath. I served a total of nine years, seven active-duty and two with the National Guard. I have done my absolute best to make this nation proud and to preserve our way of life and the rights we hold dear as Americans.
After my time in service, from 2005-2010, I reinvested my skills to once again protect American interests. I worked under contract as a Personal Protection Specialist for the Department of State protecting United States Congressional delegations and U.S. embassy personal in Baghdad, Al-Hilla, Al Kut and other places in Iraq and also in Afghanistan.
After my time at the State Department I worked in New York State as a licensed Armed guard supervisor. I had a NYS Security Guard License, NYS Armed Guard License and NYS Pistol Permit.
I returned home in 2010 to care for my only child Simeon Jr. Simeon has Norrie disease which causes total blindness in boys from birth. Since 2012 I have been the sole care provider for Simeon. He attends the New York State School for the Blind in Batavia as a day student and lives at home in Niagara Falls with me. He is eight years old. If I am incarcerated for any length of time it would be devastating to my family.
I am currently employed full time. On April 2016 at about 9pm I was pulled over for speeding in North Tonawanda. I was administered a field sobriety test three times and passed each time. I requested that subsequent tests be recorded via the officer’s body camera. Each request was denied and I was immediately arrested. My vehicle was impounded and an inventory search of my hidden and locked safe was conducted without consent or a warrant. That search revealed three standard (referred to by some as high capacity) 17 round Glock magazines for my legal and registered Glock handgun. No fire arm was in the vehicle only magazines. I testified at trial and was acquitted of the DWI charges but was convicted of three SAFE act violations. A seventeen round magazine is a standard and lawfully used magazine and I believe protected under U.S. v Miller, D.C. v Heller, McDonald v Chicago and The Second Amendment.
I am seeking to appeal this case and hope that the court will find the magazine capacity ban unconstitutional and repeal the SAFE ACT for all New Yorkers.
Sincerely,
Simeon D. Mokhiber Sr.
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