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.



 

Interesting Legal Sites You May Like


BCG FEATURED JOB

Locations:

Keyword:



Search Now

Mid-level Litigation Attorney with motions experience

USA-WA-Seattle

Seattle office of our client seeks mid-level litigation attorney with 3-5 years of experience, inclu...

Apply Now

Environmental /Land Use Attorney with 2-3 years of experience

USA-CA-San Francisco

San Francisco office of our client seeks environmental /land use attorney with 2-3 years of experien...

Apply Now

Litigation Attorney with 2-5 years of insurance defense experience

USA-FL-Jacksonville

Jacksonville office of our client seeks litigation attorney with 2-5 years of previous insurance def...

Apply Now

Tax Associate with Real Estate / Capital Markets Experience

USA-IL-Chicago

Chicago office is seeking a tax attorney with 3-5 years of experience. Significant experience in rea...

Apply Now

RELEVANT JOBS

LITIGATION ATTORNEY

USA-CA-Emeryville

Boutique East Bay litigation defense firm is seeking a junior to mid-level attorney. Candidates for ...

Apply now

Managing Director, Litigation Finance Investments

USA-FL-Tampa

Title                ...

Apply now

Contract Associate

USA-CA-Sausalito

Seeking lawyer with at least 2 yrs experience in complex real estate transactional matters, with wil...

Apply now

Senior Associate Attorney

USA-CA-Irvine

We are a boutique-sized law firm (6 attys) seeking a self-motivated litigation senior associate from...

Apply now

Most Popular

SEARCH IN ARCHIVE

To Top