The New York State Police recently updated its SAFE Act field guide to instruct its members to not enforce a seven-round magazine limit that was part of the law. According to The Journal News, this change cements a policy put in place by the State Police after a federal court judge ruled the provision unconstitutional last year. The decision is being appealed.

“While the federal district court upheld most of its provisions, the court held that this section, ‘Unlawful Possession of Certain Ammunition Feeding Devices,’ was unconstitutional,” the updated field guide states. “As a result of the court’s decision members are instructed not to enforce PL 265.37 at this time.”

The announcement is a minor victory for pro-Second Amendment groups working to overturn the SAFE Act.

“The New York State Police have followed the same sensible path taken by the New York Sheriffs’ Association and many local law-enforcement agencies in not enforcing a capricious, ill-conceived and unconstitutional portion of the NY SAFE Act,” stated Thomas King, president of the New York State & Rifle Association (NYSRPA). “To date, NYSRPA has spent over $500,000 in litigation and we are prepared to fight the NY SAFE Act all the way to the U.S. Supreme Court where we are confident that many provisions of the law will ultimately be overturned.”

The NY SAFE Act was passed early in 2013 following the tragic shooting in Newtown, Connecticut. Fast-tracked by Governor Andrew Cuomo, the Act contained a number of gun control measures including expanding the list of banned “assault weapons,” and putting a seven-round cap on magazines. The “high-capacity” magazine cap was originally slated to go into effect on April 15 of last year, but was postponed indefinitely due to the fact that manufacturers do not produce seven-round magazines for many guns.

Although law enforcement officials say there is no practical method of enforcing the ban, the law still required that gun owners load only seven rounds into magazines designed for more. Last December, Chief US District Judge William M. Skretny upheld the majority of the SAFE Act except for the magazine cap. In an opinion, Skretny called it “tenuous, strained and unsupported.”

“Lawmakers, mental health professionals, and New York’s gun owners were essentially ignored in the rush to enact this law,” King said. “As a result, careful judicial scrutiny is uncovering some of the law’s flaws and unenforceability. New York’s legal gun owners are among the most law-abiding citizens of this state and ultimately their civil rights will be upheld.”

NYSRPA and the NRA are among the plaintiffs on the case that challenges the SAFE Act.

Other provisions of the SAFE Act, such as the creation of a database for background checks on ammunition purchases and a statewide gun registry, are still in the process of being implemented.

Image from Chris Short on the flickr Creative Commons

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21 thoughts on “New York State Police Advises Officers to Not Enforce SAFE Act Magazine Limit

  1. Upstate New York has plenty of beautiful scenic areas and outstanding outdoor recreation, but until they change their gun laws I will not spend my tourist dollar with them.

  2. OK , the police and security people protecting politicians get 7 rounds and one magazine which must be locked in a government approved security container, the firearm ( only one allowed per officer after a 10 year waiting period and a $ 21.000 background check is completed ) , must be locked ( unloaded of course ) in a separate security box at least 100 yards away and the pre-approved , serail numbered , non-lethal ammunition must be locked in a 3rd secure container at all times. No open carry , no concealed carry , no firearms allowed on their person , in their vehicles or outside the locked , central SAFE l bad things that cause crime ” security headquarters located in one central location for the entire state. The politician’s location must be tracked by GPSvat all timresvand publishedvon the public Internet. Any use of force by the security personnel or the pokitician against anyone , esp. anyone attacking them and trying to kill them , will result in arrest and prosecution for daring to defend themselves or others. NOW that is fair and SAFE , right Givernor , Mr. Mayor , legislator , pokice chief ?

  3. Upstate n y has progressed into a dismal atmosphere of 20% unemployment and liberal entitlement programs, our Governor avoids this part of ny due to our distaste for his tactics on every issue he stands for. He has been very silent on the lack of interest on following or enforcement of the safe act. He hides in albany and has his puppet schumer do his ranting. There laws are meaningless to the what use to be middle class. NYC keeps the cesspool churning

  4. Perhaps the legislators who pass the unconstitutional laws should be subject to fines and/or imprisonment. It seems that they are not receiving competent legal advice, or perhaps no legal advice at all. This should include all states and cities as well as federal lawmakers. These people should be making laws for the people, not political platforms. I wonder what Obama would do if the handcuffs were placed on him and he was put in jail, then had to go to court for unlawful acts. (like circumventing the congress and the constitution) Harry Reid could be his cell mate. If pens are allowed in jails, I would bet that many people would be willing to give them an ample supply!

      1. I am curious how you think you can label me when you do not know me or anything about me. This tells me that you are just a knee-jerk liberal and that your opinion, on any subject, is worthless. I kind of like the gun nut part though, please, add redneck too, I’ll wear it with pride!

      2. I see your point Taskmasterendgame, but I believe the police, FBI, CIA and NSA should be able to gather a lot of data on the Muslim terrorists and then gather them up for a vacation to Gitmo. It is impossible from here to assess how far the illegal gun trade has gone, but the authorities should have a great chance to determine it.

      3. 2fishand hunt
        Being a Retired LEO (Oath Keeper) I strongly believe in the US Constitution and the
        Bill of Rights.
        Nothing is more important than the 1st and 2nd Amendment.
        The Anti Gunners like Lee and Feinstein need to be removed from office.
        When the politicians who have proven to be Felons come to light
        they definitley need to be branded and removed from office.
        Felons of all shapes and sizes need to be removed from our
        American Society

      4. I tend to agree with you, however, all of the amendments are important. The gun control segment are attacking the 2nd. amendment now and in force. I have an inkling that many would like to see Americans unarmed, then it would be easier to control the populace. It seems that all of the laws being passed do nothing to control crime, they are an effort to gain votes.
        The person who signs in guest is an assumptive individual. He called me a gun nut, however he has no idea if I own a gun. I think I’ll go buy one tomorrow, just to make his rant true. I do not know but I would guess he/she has never served in the armed service or as a LEO. I want to call he/she names but then I would be lowering myself to a level I don’t want to be on (their level).
        Going back to the Constitution, I never thought in my 70 years that I would see such an attack on the 1st. amendment. Someone must be afraid of someone telling the truth. The attack on the 2nd. amendment is very questionable, who are they trying to let in? We need to be watchful and protect the entire constitution since many politicians are attempting to undermine it, readers can plug in the names.

  5. WE, the people of upstate NY, don’t give a rats ass what comes out of Cuomo’s mouth anymore. Upstate NY amounts to 90% of it’s land mass. We are sick and tired of having our rights stepped on. WE WILL NOT COMPLY!

      1. you prove you are a MORON! You give up your rights FOOL I will keep mine! B.I.O.Y.A. Also you need to read the BILL OF RIGHTS.

      2. HEY numb-nuts go troll somewhere where someone cares about IMBECILIC responses. Why do you go by guest? NOT ENOUGH nut to put a handle on. I go back to the BLOW IT OUT YOUR A^&

    1. Hey Greg, I’m glad to have some company (according to “guest”). I hope to meet you someday. Come to Western Colorado and we can go fishing or do some shooting, or both.

  6. The Original WAR OF REVOLUTION began in the Northeast Colonies. Looks like the 2ND WAR OF REVOLUTION may begin there as well !!

  7. The idiot politicians probably think that even with full blown gun confiscation, that everything will be just peachy keen. Also, I think it is ILLEGAL for the government to dictate to anyone HOW they can defend their property, their home, their family and themselves!! I just sent this letter to Gov. Cuomo today:

    Andrew M. Cuomo
    Governor of New York State
    NYS State Capitol Building
    Albany NY 12224

    Governor Cuomo:

    The assault rifle definition, according to politicians, is just appearance, nothing else. There can be two identical rifles exactly the same length, same caliber, same power, made by the same manufacturer and can literally be identical, but if it has a pistol grip on the bottom, it’s considered illegal.

    If an assault rifle is an assault weapon, then I guess you probably think that a baseball bat, a steak knife, a cast iron frying pan, an old Bell Telephone, a handgun, a screwdriver and the family car are ALL ASSAULT

    What you idiots have glossed over is that IT DEPENDS ON HOW SOMETHING IS USED AS TO WHETHER IT IS AN ASSAULT WEAPON!! Good Lord, you people are dumber than dirt itself!! I could kill more people in the next 5-minutes with my car if I really wanted to and I wouldn’t need an ASSAULT RIFLE to do it, but
    then you fools would probably ban the family car!!! Why don’t you show some intelligence and go after CRIMINALS and GANGS?? Quit annoying the GOOD people of your sick state!

    If I lived in your state, I WOULDN’T REGISTER A DAMN THING!!!! I’m a Vietnam Era Veteran and the last time I checked, this was STILL America, the Home of the Brave and the land of the FREE, not a DICTATORSHIP that SOLVES NOT ONE PROBLEM and breeds TYRANNY!!

    You’ll notice that I removed the word Honorable from your address at the top of this letter. I AM an HONORABLE PERSON, but you don’t come close!

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