SAF-SAFE act provision suspended temporarily

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  • swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,517
    Westminster USA
    [FONT=&quot] [/FONT]​

    [FONT=&quot]NY OFFICIALS AGREE TO NOT ENFORCE 7-ROUND MAGAZINE LIMIT WHILE GUN CASE ON APPEAL

    [/FONT]
    [FONT=&quot]BELLEVUE, WA – New York Gov. Andrew Cuomo and State Police Superintendent Joseph D’Amico have agreed, in a stipulated order, to not enforce a section of the state’s controversial SAFE (Secure Ammunition and Firearms Enforcement) Act while an appeal is underway in one of the legal challenges to that statute, amounting to a small but important victory for the Second Amendment Foundation in a challenge to the constitutionality of a provision in the law.[/FONT]

    [FONT=&quot]At issue is the arbitrary seven-round limit on magazine capacity that was included in the SAFE Act under Section 265.37 of that law. At trial in the case of New York State Rifle and Pistol Assn, Inc. v. Cuomo, Judge William M. Skretny ruled that the section dealing with the magazine limit is unconstitutional. He upheld other provisions in the Act.[/FONT]

    [FONT=&quot]SAF is joined in its separate action by SCOPE, Inc., Long Island Firearms LLC and seven individual citizens, Matthew Caron, Matthew Gudger, Jeffrey Murray, MD., Gary Wehner, John Amidon, Nunzio Calce and James Middleton.[/FONT]

    [FONT=&quot]“We’re delighted with the agreement that there will be no enforcement of the magazine limit anywhere in the Empire State while the State Rifle and Pistol Association’s appeal is pending,” said SAF founder and Executive Vice President Alan M. Gottlieb. “Where the challenge may have only affected New York’s western district, now the stay is statewide.[/FONT]

    [FONT=&quot]“We are hopeful that our good friends at the New York State Rifle and Pistol Association will prevail,” he continued, “and for the time being, our motion is a small win for gun owners from Long Island to Lake Erie.”[/FONT]

    [FONT=&quot]SAF and its co-plaintiffs are represented by New York attorney David Jensen, PLLC.[/FONT]


    [FONT=&quot]The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control. [/FONT]

    [FONT=&quot]
    [/FONT]​
    [FONT=&quot] [/FONT]​
    [FONT=&quot] [/FONT]​
    [FONT=&quot]< Please e-mail, distribute, and circulate to friends and family >[/FONT]​
    Copyright © 2014 Second Amendment Foundation, All Rights Reserved.​
    [FONT=&quot]Second Amendment Foundation
    James Madison Building
    12500 N.E. Tenth Place
    Bellevue, WA 98005[/FONT]
    [FONT=&quot]Voice: 425-454-7012
    Toll Free: 800-426-4302
    FAX: 425-451-3959
    email: InformationRequest@saf.org[/FONT]​

    .....
     

    Schipperke

    Ultimate Member
    MDS Supporter
    Feb 19, 2013
    18,833
    It's illogical that these states where trying to get a carry permit is next to impossible, then feel it necessary to limit magazine capacity when they won't let you leave your home with it. If someone breaks in my home why they care how many rounds the magazine holds? They want to give the criminal who may be entering with the standard magazine the advantage?
     

    Cruacious

    C&R Farmer
    Apr 29, 2015
    1,642
    Elkton
    It's illogical that these states where trying to get a carry permit is next to impossible, then feel it necessary to limit magazine capacity when they won't let you leave your home with it. If someone breaks in my home why they care how many rounds the magazine holds? They want to give the criminal who may be entering with the standard magazine the advantage?

    It's because they believe they can force criminals to have to same limitations. Their thought process does not extend to law-abiding citizens 9/10 times when writing gun control bills.

    Besides that, it's good that there has been some success in New York State; which is just about as anti-gun as Maryland currently is. This could mean if we bring a similar challenge to our courts that our magazine limit could be overturned. That would in turn challenge a number of firearm bans that ban on the basis of magazine size.
     

    DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍
    It's illogical that these states where trying to get a carry permit is next to impossible, then feel it necessary to limit magazine capacity when they won't let you leave your home with it. If someone breaks in my home why they care how many rounds the magazine holds? They want to give the criminal who may be entering with the standard magazine the advantage?

    New York isn't as bad as some think in regard to carry permits. It's up to each county to decide how to handle permits.
    My family lives in Monroe County and they're practically shall-issue there.
     

    fightinbluhen51

    "Quack Pot Call Honker"
    Oct 31, 2008
    8,974
    It's because they believe they can force criminals to have to same limitations on freedom for expansion of their power. Their thought process does not extend to law-abiding citizens 9/10 times when writing gun control bills.

    Besides that, it's good that there has been some success in New York State; which is just about as anti-gun as Maryland currently is. This could mean if we bring a similar challenge to our courts that our magazine limit could be overturned. That would in turn challenge a number of firearm bans that ban on the basis of magazine size.

    FIFY!
     

    Jim12

    Let Freedom Ring
    MDS Supporter
    Jan 30, 2013
    34,294
    We really need to get the HQL lawsuit filed and in the works.

    There's a groundswell of activity around the country and MD needs to be a part of it.
     

    SilverBulletZ06

    Active Member
    May 31, 2012
    102
    It's illogical that these states where trying to get a carry permit is next to impossible, then feel it necessary to limit magazine capacity when they won't let you leave your home with it. If someone breaks in my home why they care how many rounds the magazine holds? They want to give the criminal who may be entering with the standard magazine the advantage?

    They. Don't. Care.

    The CA2 is NEVER going to issue a pro-2A ruling and they know it, the judges are bought and paid for in NYC. Read Kachalsky, then re-read it carefully. When you get to the part where you can suspend rights because of the insignificant amount of negative actions from that right let me know if you are as enraged as I am.

    But to tell you what happens for getting a license (Suffolk County): Paperwork, delay, schedule your interview, delay (6-18 months), then get a restricted permit (ownership and range time). When you ask, "It's not like you get a 3 day notice before you are raped/robbed/assaulted/murdered" the PD will say "Yes".

    What you witness in the 2A cases of today you see a mirror of in the civil rights cases of yesterday: your going to need the national guard to enforce shall issue in some states.
     

    Bob A

    όυ φροντισ
    MDS Supporter
    Patriot Picket
    Nov 11, 2009
    31,181
    New York isn't as bad as some think in regard to carry permits. It's up to each county to decide how to handle permits.
    My family lives in Monroe County and they're practically shall-issue there.

    QFT.

    My family is in and around Rochester, and those who wanted carry permits got them; brother, niece, uncle, cousins.
     

    lowimpactuser

    Member
    May 17, 2015
    10
    QFT.

    My family is in and around Rochester, and those who wanted carry permits got them; brother, niece, uncle, cousins.

    I'm from California and perhaps I'm not completely correct here,

    But how many other states have carry permits that literally don't apply to an entire city?
     

    jjbduke2004

    Ultimate Member
    Oct 19, 2008
    1,764
    Morris Oblast, NJ SSR
    I'm from California and perhaps I'm not completely correct here,

    But how many other states have carry permits that literally don't apply to an entire city?

    Probably very few. NYS gives NYC significant home rule, to the point where certain crimes can be felonies in NYC but misdemeanors outside. I'm not aware of any other jurisdiction where violation of a city or county ordinance is higher than a misdemeanor.

    I think PA gives Philadelphia (as the commonwealth's only "first class city") significant hole rule as well, but the Uniform Firearms Act limits the cities powers.

    I'm trying to remember if Gary/Lake County, Indiana had some special gun laws.
     

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