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R.I.P. to our friend PY-3-21-2016
5,474 Posts
Discussion Starter · #1 ·
Received an email on this this morning. Anyone have any other or different info?


Don't believe anything that Sheriff Gerace says.

I write this article with a sense of great fear. Fear of the retaliation
I face from Sheriff Gerace. But not to warn and inform my fellow firearm
owners of the injustices that my wife and I and others before us have been
subjected to would go against everything I believe in. "Freedom is not free,
some of us have to pay for the seeds, so that everyone else can reap the
benefits" Brian J. Malta.

On November 13, 2013 I was arrested by the Sheriffs Department for
discharging my replica Napoleonic field cannon on my three acre country home
parcel. The cannon was my birthday gift from my wife, three weeks earlier.
We were in the learning stages of how much powder, how much newspaper
wadding and how long of a fuse to use. Before we purchased the cannon
($2000.00) we did our research and found that there are no regulations on
cannons, they are not considered firearms and don't fall under the Federal
Firearms Act and are legal to own and fire.
My neighbors encircle our property, they are one family and four houses.
Before I was arrested I was never told that they had a problem with me
target practicing across the street on a very large wooded area owned by
another neighbor.
By their association with the Town Attorney, Town Justice, Supreme Court
Judges and the Sheriff's Department they were guided on how to stage videos
and depositions to put themselves in the area in places we could not see
them when we were enjoying our cannon.
After a three week time span I was charged with 3 counts of menacing in
the second (crimes) and 3 counts of harassment in the second (violations).
Never once during the time we owned our cannon did a single Sheriff's deputy
come to our house or contact us about our neighbor's complaints. During this
time I was one of ten people who fired the cannon and one of them is a
Police Chief.
When I was arrested by Sheriff Gerace's men I had three firearms in my
truck and was accused of having an f-ing arsenal, I was told that they had a
gauntlet set up and were going to take me down at gun point. I requested to
have my attorney present at least six times and was denied my right every
time. I was told that they were going to tear the door off of our house and
pull my gun safe through the walls of our house with a truck and chain if my
wife doesn't open it for them. I was also told if any of our firearms are
loaded and one of Gerace's men accidentally shoot themselves that I would go
to prison for the rest of my life.
While I was in the County jail and my wife was alone, six of Gerace's men
illegally raided our house. They had a search warrant for a cannon only,
which my wife told them that the cannon was in the garage. The lead
Investigator grabbed my wife who is disabled by the arm spun her around and
told her not to question what they are doing and they are going to take all
our firearms first and the cannon second, also during this raid he told my
wife "if I was your neighbor, I wouldn't be nice like them to call the
police, I would just have taken your husband out, you know what I mean, I
would just have taken him out". Those words frightened my wife terribly.
They forced my wife to open the gun safe, when it was opened one of Gerace's
men said "wow this guy is a terrorist he's going away for a long time". In
our safe there was 8 long guns, ammo and magazines, which apparently makes
me a terrorist. Ho many firearms do you have in your safe? My wife told them
where all of our handguns were. Gerace's man who was gathering our handguns
from our night stands, picked up my wife's Rugar LCR and has no clue how to
open a revolver and turns to my wife to hand her the firearm and say's "do
you know how to unload this?" and my wife's quick thinking she responded "no
I don't" and she stepped back away from him.
Is this what Gerace teaches his men, to hand a loaded firearm to the owner
while they raid a house, probably so that they can file additional charges
and make his good friend Cuomo proud? That's right voters and firearm
owners, Gerace is very tight with his fellow democrat Cuomo.
My wife caught one of Gerace's men searching in her under ware drawer.
Apparently some of his men can't read English since the search warrant
described the style and size and said "cannon". As Gerace's men gathered our
firearms, they brought them into the living room and tossed them onto our
table like firewood so that the Investigator could record serial numbers.
Every single firearm they brought in, my wife was grilled, "why do you have
this gun?, you don't hunt with this gun, you don't need this gun, why do you
have these bullets?, these aren't for hunting , you don't need these bullets'.
The idiot that brought one of our AR-15s in said "this one is fully
automatic we've got him now" and my wife had to tell them that we don't own
any automatic firearms.
We have three AR-15s. One is a Beowulf .50 cal. and the 10 round magazine
for it looks just like a 5.56mm 30 round magazine. At this time all of our
magazines were loaded with 7 rounds per the SAFE ACT. Gerace's man brings
the six magazines we have for the Beowulf into the Investigator and tells
him "this guys going away for along time with these" and my wife has to
explain to him that the Beowulf bullet is larger, so the magazine is also
larger. Then he brings in our unfired collectors pistol a Thompson Patriot
.45 muzzle loader and say's "this one isn't on his permit, he'll get two
years for that" and my wife has to explain to him that we don't have any
powder or balls for it so it's perfectly legal.
How the HELL are honest, law abiding firearm owners like me, being
arrested by IDIOTS that don't have a fraction of the gun laws knowledge
that we gun owners have? I could write a novel about this raid but I won't,
let's go forward to my trial which I could also write a novel about.

I refused all of the District Attorneys plea deals, I will not accept a
plea for a crime I did not commit. One half hour before my jury trial began,
the Town Justice (whom has never ran a jury trial before), nor has a law
degree makes one last plea offer to me. The offer is to plead guilty to two
counts of harassment in the second degree, loss of firearm privileges, loss
of pistol permit, $700.00 fine and a two year restraining order and if I
refuse this last offer, she will sentence me to the maximum allowed by law,
because I have cost the Town the expense of this trial. This deal totally
turned my stomach; I had only a minute to decide. My mind raced with
thoughts, I could go to jail for over a year, I can't leave my wife, she can't
work, what will happen to my business, but still I refuse to take a plea for
something I did not do. So I tell my law team no deal, lets get the truth
out. I refuse to be threatened by this Town Justice to deny me of my
Constitutional Rights of a trial by jury, which has been afforded to me by
so many brave Americans, some of whom gave the ultimate sacrifice.
This trial was such a farce that it is being reviewed by the New York
State Commission on Judicial Conduct. The complainants family and friends
were allowed to serve the jurors drinks , lunch and sit inside or outside
with them and talk throughout my two day trial, my family and friends were
constantly being told to be quiet and move away from the jurors by one of
Gerace's bailiffs. The two days were also held seven days apart.
Throughout the trial the Assistant District Attorney used the word
"STARTLED". He asked everyone who testified, do you think the cannon would
startle someone?
During jury deliberation the Town Justice and the ADA were in the Town
building with the jury and we were forced by Gerace's deputy to stand
outside on the lawn.
The jury exonerated me of the three counts of menacing in the second and
found me guilty of two counts of harassment in the second for STARTLING my
neighbors. I have never been in trouble my entire life but yet the Justice
immediately sentences me to 15 days in jail, which is the maximum allowed
plus the rest of the plea deal offer.
Judge Cass forced me to surrender my pistol permit or have it revoked. He
also would not allow me to transfer ownership of all of our handguns which
are co registered by my wife, to my wife. He forced us to give them away and
he also removed them from my wife's permit. The Judicial system has denied
my wife and I our Second Amendment Rights of protecting our self's in our
own home. My wife and I are both Life members of the NRA, I am also a member
of the Golden Eagles of the NRA, SCOPE and several local gun clubs.
The corruption and cronyism in Chautauqua County and the affiliation my
neighbors have with Sheriff Gerace, Judges Ward and Cass, has cost my wife
and I our entire life savings, bankruptcy, my career and almost two years of
terror wondering what hell they will accuse us of next.
There is a silver lining to this corruption and cronyism and that is by
the involvement of Ward and Cass in my case, to coin a phrase "shot them in
the foot", because it allowed us to have my appeal heard by a Judge in Erie
County Buffalo New York. If I lose my appeal, this ruling will affect all
New Yorkers who legally discharge a cannon or firearm that STARTLES anyone,
they too can be charged and arrested like I was.
My fellow Second Amendment and gun owners, take my advice and hide,
stash, bury ammo and firearms before its too late!

Last but not least, I can't begin to tell you how many times my wife and
I have heard these words," they can't do that, we have rights", remember
this article and the fact that they can do anything they want and we don't
have rights, unless they live by the Constitutional Laws of our Republic and
not by the laws that a Napoleon complex creates.

R.I.P. to our friend PY-3-21-2016
5,474 Posts
Discussion Starter · #4 ·
Gerace has always been pro-SAFE and anti gun.

14,522 Posts
EDIT: i would like more facts before forming a complete opinion on this matter, but if even some of the behavior of on the part of the leos and the court are true then that is highly unacceptable.this story is infuriating to say the least.

R.I.P. to our friend PY-3-21-2016
5,474 Posts
Discussion Starter · #6 ·
I goggled this and found quite a few articles from last year. Got press as far away as the U.K. Seems Malta had a dispute with his neighbors so made a big boom for days straight. How you can get accused of firing an unloaded cannon "at" or "in the direction" of his neighbors beats me. Sounds like the sheriff blew what should have been a noise violation way out of proportion.

4,514 Posts
From my read, sounds like this ******* thought he had a great way to piss of the neighbors he has a feud with that they couldn't do anything about. I'm also not sure how much I believe since I would not be surprised if he edited the events to be as self-serving as possible.

That said, if half the stuff he says about the way things were carried out are true then there's a lot of unreasonable stuff to be offended by on the part of the municipality/county.

9,136 Posts
I found the following press release in regards to the story:

A Jamestown area man is facing menacing and harassment charges after he is being accused of firing a cannon directly at a neighbor's home on several occasions. County Sheriff's Deputies say 52-year-old Brian Malta repeatedly fired the Civil War reenactment cannon in the direction of the house, daily, for eight days. The cannon was fired with only a powder charge and wadding according to deputies. Malta was arraigned in North Harmony Court and sent to the County Jail on bail. The cannon has been seized because it was apparently being used in an illegal manner.

Man arrested after he repeatedly aimed, fired unloaded Civil War-era cannon at New York neighbor's home - NY Daily News

Man charged in firing of Civil War cannon replica at neighbor's property - City & Region - The Buffalo News

774 Posts
Well I am think after reading the links above, that this guy was not well liked in this area. He sued the Celoron village because they did not allow him to video tape the village meetings, and won a lawsuit against the village. Still thing it would be more of a noise violation then anything. There should be no reason for him to loss his firearms because he was firing blanks in a cannon.

14,522 Posts
Ill say, if he was actually aiming an empty canon at neighbors thats pretty annoying, I wonder what the neighbors did to deserve that; cause im sure theyre not innocent.

But the behavior of the leos as described is deplorable, and I wonder why your only comment was about this guy, and not the gestapo tactics and illegal search and seizure of this guys property; not to mention the antics of the kangaroo court. Granted, this is taking into account his story, and while I could imagine exaggerations I would guess there is still alot of fact in there.

What a great piece of creative writing that was! It should be titled "Neighbor of the year blames police for all of his troubles".
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