New York Safe Act one year anniversary

ALBANY — It's unconstitutional but it may still be the law.

On Dec. 31, just before the anniversary of New York's Secure Ammunition and Firearms Enforcement (SAFE) Act, William M. Skretny, chief federal judge for the Western District of New York, has caused uproar in both camps in a highly contested issue.

His decision in a lawsuit against the state upheld the act's gun-registration requirements and ban on assault-style weapons but rejected the seven-round limit for magazines.

Skretny found that the limit was "largely an arbitrary restriction that impermissibly infringes on the rights guaranteed by the Second Amendment."

He argued that the criminal would logically load his weapon to the maximum while the honest law abiding citizen would be restricted.

That wouldn't make any sense.
State will appeal

Matt Mittenthal, a spokesman for New York's Attorney General Eric Schneiderman, however, told The Warwick Advertiser that his office would vigorously oppose and move to appeal Skretny's ruling on that particular seven round provision.

Police authorities have not received instructions to stop enforcing every provision in the law and adding to the confusion, the Post Standard in Syracuse reported that Onodaga County District Attorney William Fitzpatrick stated that the ruling by the federal judge is only applicable in Buffalo and Rochester.

The Safe Act, which was passed last Jan. 15, imposes tight restrictions on gun sales, adding new reporting requirements on gun owners, expanding a ban on semi-automatic weapons with military style features and limiting the number of rounds in a detachable magazine from ten to seven.

Simply because they are not manufactured, the state later suspended the original requirement that only magazines that can contain seven rounds or less can be purchased. However, even ten round magazines may only be loaded with up to seven rounds regardless of their capacity,

Aftermath of Newtown, Conn.
Critics argue that the law was rushed through the Legislature by using the Governor's special message of necessity without the normal three-day review, public input and debate.

As a result there was little time to carefully read the 39-page bill and there were originally numerous flaws such as the law's failure, later corrected, to exempt the police or even the National Guard from the seven round limitation.

"Nobody seems to know exactly how to comply with everything in this law," said Warwick resident George Knight, who holds a federal firearms license to engage in the interstate and intrastate sale of firearms. "They didn't think this out."

Gov. Andrew Cuomo had championed the law, the strictest in the country, as a response to the Newton, Conn., school shootings.

But according to the state Division of Criminal Justice Services, only a total of 1,291 charges had been issued under the Safe Act last year.

And 1,155 were charges for felony possession of an illegal firearm, most of which were in New York City and had been revised from previous misdemeanor charges. The vast majority were also made on arraignment rather than at the time of arrest.

There were no charges in Orange County.

April 15 registration date
The New York State Sheriffs Association has raised concerns with the law, stating that it's difficult to enforce and even signed on as amicus curiae (friend of the court) in a lawsuit against the Safe Act.

Those who already own assault style weapons must register them with the State Police by April 15.

A more immediate concern is that as of Jan. 15 all sellers of ammunition must register with the State Police and all sales, including internet sales, must be facilitated by a New York State ammunition seller.

The law will also require retail sellers to do background checks and record sales once a

New York State database is established and operational.

Essential information
For additional information or questions about the New York State Safe Act:

Visit: http://www.governor.ny.gov/nysafeact/gun-reform

Call: 1-855-LAW GUNS

By Roger Gavan