Firearms Law and Policy Newswire - The 7-round limit of the NYSafe Act was struck down in Federal Court on December 31, 2013. This diary is a brief report that the NY State Police will suspended enforcement while the decision is appealed to the Second Circuit Court of Appeals. (h/t WakeUpNeo)
State Capitol Building, Albany, New York
State Police guide amended to ignore seven-round rule after court ruling on NY SAFE Act
by Rick Karlin for the Times Union on March 27, 2014
The official State Police guide for enforcing the NY SAFE Act gun control law has been amended to allow more than seven rounds in a weapon — at least for the time being.
The decision follows a December court ruling that struck down the seven-round limit, but prompted questions about whether that change applied to the entire state or not.
That's led to an update to the guidelines that police are supposed to follow when enforcing the 2013 law. "New PL section 265.37 had made it a crime to load any magazine with more than 7 rounds of ammunition, regardless of the capacity of the magazine," reads part of the guidelines.
[...]
The State Police wouldn't comment on the new guidelines, saying they were for internal use. But State Police Superintendent Joe D'Amico during budget talks earlier in the year mentioned that they wouldn't enforce the seven-bullet limit while it's being appealed. Gov. Andrew Cuomo reiterated that recently.
... Continue reading State Police guide amended
The 1994 law limiting large-capacity magazines to a maximum of 10 rounds remains in force. A link to background information on the NYSafe Act and the District Court decision is available below the fold.
Any news on enforcement of magazine limits in your state?
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About the
Firearms Law and Policy Newsire - We would like to begin a newswire service, in which we collect gun law and policy news from all over the country. These can be brief reports as short as a few sentences or as large as a full diary. They could include your home state perspective or simply report something that happened. We Shall Overcome is the managing editor. We are just getting organized and welcome your input.
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Background - NYSafe Act largely upheld in Federal Court
The first constitutional review of the NYSAFE Act is complete. Federal Judge Skretny, of the Western District of New York, wrote:
[T]his Court finds that the challenged provisions of the SAFE Act — including the Act’s definition and regulation of assault weapons and its ban on large-capacity magazines — further the state’s important interest in public safety, and do not impermissibly infringe on Plaintiffs’ Second Amendment rights.
[...]
[T]he seven-round limit fails the relevant test because the purported link between the ban and the State’s interest is tenuous, strained, and unsupported in the record.
9:23 AM PT: The decision to delay enforcement resulted from a lawsuit filed by the Second Amendment Foundation last September. Their press release from April 1, 2014, announcing the stipulated agreement.
NY Officials Agree to Not Enforce 7-round Magazine Limit While Gun Case On Appeal
1 Apr 2014 | News & Releases
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. [...]