Court Rejects SAFE Act Ammo Measure

ALBANY – The New York State Rifle & Pistol Association announced Wednesday that the Revised New York State Police NY SAFE Act Guide will now instruct troopers to not enforce the seven-round magazine limit originally imposed by the law.

“This is a direct result of the Dec. 31, 2013 ruling in the U.S. District Court for the Western District of New York on litigation filed by NYSRPA,” said NYSRPA President Thomas King.

The court ruled that the unlawful possession of certain ammunition feeding devices – fully loaded 10-round magazines – was unconstitutional.

“The New York State Police have followed the same sensible path taken by the New York Sheriffs’ Association and many local law enforcement agencies in not enforcing a capricious, ill-conceived and unconstitutional portion of the NY SAFE Act,” King said. “To date, NYSRPA has spent over $500,000 in litigation and we are prepared to fight the NY SAFE Act all the way to the U.S. Supreme Court where we are confident that many provisions of the law will ultimately be overturned.”

Chautauqua County Sheriff Joseph Gerace approved of the court’s ruling.

“I didn’t agree with the seven-round maximum at all because the only people that impacted was law-abiding gun owners,” Gerace said. “A criminal doesn’t care how many rounds he’s got … he’s got an illegal handgun.”

The SAFE Act, or Secure Ammunition and Firearms Enforcement Act, was signed into law in January 2013. According to Cuomo, the law is designed to stop criminals and those suffering from potentially dangerous mental illnesses from buying a gun by imposing universal background checks on gun purchases and an assault weapons ban.

King, who believes that lawmakers, mental health professionals and New York’s gun owners were ignored in the rush to enact the law, said that careful judicial scrutiny will uncover more of its flaws.

“New York’s legal gun owners are among the most law-abiding citizens of this state and ultimately their civil rights will be upheld,” King said.