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In reply to the discussion: Sheriff Richard Vaughan VA says he won't enforce new gun laws. [View all]sl8
(13,702 posts)Last edited Wed Jan 22, 2020, 09:05 AM - Edit history (1)
That article was written in 2014 while the case was still under appeal.
In 2015, the 2d. Cir. agreed that the 7 round provision was invalid.
PDF: https://www.nysrpa.org/files/SAFE/NYSRPA_v_Cuomo_2CDecision.pdf
According to the following article from November 2018, the NY State Police resumed enforcement of the 7 round provision, despite the 2 Federal court decisions. I don't know if that's true in practice. Would like to find some corroboration. The article does provide good background info.
https://buffalonews.com/2018/11/19/amid-confusion-part-of-safe-act-will-stop-being-enforced-in-erie-county/
Amid confusion, part of SAFE Act will stop being enforced in Erie County
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On edit, more about enforcement of 7 round limit:
https://www.wgrz.com/article/news/local/prosecutor-nysp-statements-differ-on-ny-safe-enforcement/71-9a8e9956-abfa-4fa1-88e1-f5a383dbd356
Niagara County's D.A. will follow Erie County's lead, and not pursue charges against those arrested under part of the Safe Act. However, there is a discrepancy between how she says state police are looking at the law, and how they say there are actually handling it.
Author: Dave McKinley
Published: 7:02 PM EST January 4, 2019
Updated: 7:10 PM EST January 4, 2019
New York State Police say that contrary to the claim made by the Niagara County District Attorney in a news release, they are not arresting people and charging them under a section of the states gun control laws which a judge struck down as unconstitutional.
[...]
Contacted by phone in Albany, New York State Police Public Information Officer Beau Duffy told WGRZ-TV that state police had not resumed charging people under the section of NYSAFE in question, and that it had not done so since Judge Skretnys ruling was upheld by a federal appeals court in 2015.
[...]
Despite the courts ruling, the law regarding the seven round limit remains on the books under section 265.37 of the NY Penal Code.
State lawmakers have never removed it which means, technically, someone could still be arrested under that section of the law.
[...]
More at link.