In an emotional response to the horrific shootings at Sandy Hook Elementary in Newtown, CT, New York’s governor, Andrew Cuomo, signed the unconsitutional “SAFE” Act into law.
This law limited the number of rounds one can have in their 10-round magazine to a mere seven. Thankfully, a federal judge ruled in favor of the Second Amendment and declared this portion of the so-called SAFE Act to be unconstitutional.
In light of this decision, the New York Sheriffs Association says that the judge’s decision applies statewide. In other words, they instructed sheriffs around New York to refuse to enforce this unconstitutional law.
In the wake of that decision there was a lingering question of whether the ruling was binding, meaning should law enforcement across the state continue to enforce the seven-round magazine limit under the SAFE Act or adhere to the judge’s ruling and stop enforcing that particular provision of the law. […]
Meanwhile, the state Sheriffs Association said that it would be in the best interest of law enforcement to refrain from busting people who load 10 rounds in their 10 round magazines, instead of the SAFE Act’s limit of seven rounds in a 10-round magazine.
“Our best analysis of it is it [the judge’s decision] probably applies statewide,” Peter Kehoe, the group’s executive director, told The Rochester Democrat & Chronicle.
“There’s been a court of competent jurisdiction that said parts of it are unconstitutional. If [sheriffs] aggressively enforce something that they’ve had notice is unconstitutional, then we think they expose themselves to liability,” he continued.
The Sheriffs Association’s rationale was endorsed by the main plaintiff in the lawsuit challenging the SAFE Act, the New York State Rifle and Pistol Association.
“What would happen if people went by what the court said and loaded 10 rounds in their magazine and then get stopped or searched for any reason?” said NYSRPA President Thomas King. “It would lead to a huge boondoggle of lawsuit cases, particularly after the Sheriff’s Association came out with its opinion.”
Bottom line: New Yorkers can once again load 10 rounds into their 10 round magazines.
Other unconstitutional provisions of the “SAFE” Act include “expand[ing] the ban on so-called “assault weapons,” making the registration process for those “assault weapons” much more difficult, and banning magazines that hold more than ten rounds — all violations of the Second Amendment. However, the judge’s ruling mentioned above did not address these issues and “remain the law of the land” — for now.
The New York State Rifle & Pistol Association has filed an appeal which would “have the whole law struck down,” according to Guns.com. Before the judge ruled the magazine limit unconstitutional, Sheriff Timothy Howard from New York already took a stand against the anti-gun law, openly saying he won’t be enforcing it.
Sheriffs in Colorado are fighting a similar battle. In wake of their new “tough” anti-gun laws, sheriffs are also refusing to enforce them in the Centennial State. In fact, the defense of the Second Amendment has been a nationwide trend with sheriffs all across the country boldly rebelling against these assaults on the Constitution.
If you support these sheriffs, help us spread the word — and hopefully we can encourage other sheriffs to follow suit. Click the link to “recommend” this article on Facebook.