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.
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.
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.
“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.
“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.”
SAF, Long Island Firearms and individual citizens Matthew Caron, Matthew Gudger, Jeffrey Murray, MD., Gary Wehner, John Amidon, Nunzio Calce are represented by New York attorney David Jensen, PLLC. SCOPE and James Middleton are represented by Robert P. Firriolo, Boutin & Altieri P.L.L.C.