Legal News

Federal Court in New York Upholds the SAFE Act
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

Chief U.S. District Judge William M. Skretny in Buffalo has found the SAFE Act, New York’s gun control law to be constitutional, but has struck down the limit imposed on magazines. The court held that the SAFE Act restriction on limiting magazines to only seven bullets was invalid though the law, on the whole, did not infringe on Second Amendment rights.

The State Rifle & Pistol Association and other activist groups had challenged the SAFE Act in court in March, soon after Governor Andrew Cuomo passed the law in response to the massacre of children in Newtown. The law added new restrictions on the sales of guns and added registration requirements for possessing guns.

  
What
Where


The lawsuit by gun-rights activists alleged that the SAFE Act infringed the “fundamental constitutional rights to lawfully possess, keep, bear and use firearms for self-defense and other lawful purposes.”

One of the most controversial measures was that of allowing only seven rounds in a magazine. After learning that gun manufacturers make only 10-round magazines as the minimum viable product, the law was modified to allow 10-round magazines, on the condition that they be loaded only with seven bullets.

Skretny observed, “This 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.”

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




However, when considering the 7-bullet limitation, Skretny said, “The 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.”The SAFE Act is expected to face more challenges in other court battles.

Summary:



Chief U.S. District Judge William M. Skretny has found the SAFE Act, New York’s gun control law to be constitutional and strikes down limit imposed on magazines. The SAFE Act restriction on limiting magazines to only seven bullets was invalid though on the whole, did not infringe on Second Amendment rights. However, the lawsuit by gun-rights activists alleged that the SAFE Act infringed the fundamental constitutional rights.



 

RELEVANT JOBS

Legal Billing Clerk

USA-GA-Atlanta

Downtown Atlanta law firm is seeking full time billing clerk with experience in Legal Tracker, Couns...

Apply now

Attorney - Insurance Defense

USA-GA-Atlanta

Job Description Rutherford Christie\'s Atlanta office is seeking a Litigation Associate Attorney&...

Apply now

Associate Attorney

USA-GA-Atlanta

Litigation associate attorney position handling all aspects of the defense of civil litigation from ...

Apply now

Paralegal, California Insurance Defense, Work from Home

USA-CA-San Francisco

Position Purpose: Provides support to attorneys by monitoring case status and completing required...

Apply now

BCG FEATURED JOB

Locations:

Keyword:



Search Now

Commercial Litigation Associate Attorney

USA-MA-Boston

Boston office of a BCG Attorney Search Top Ranked Law Firm seeks a commercial litigation associate a...

Apply Now

Foreclosure Attorney

USA-GA-Atlanta

Atlanta office of a BCG Attorney Search Top Ranked Law Firm seeks foreclosure attorney with experien...

Apply Now

Foreclosure Attorney

USA-TN-Memphis

Memphis office of a BCG Attorney Search Top Ranked Law Firm seeks foreclosure attorney with experien...

Apply Now

SEARCH IN ARCHIVE

To Top