http://saf.org/viewpr-new.asp?id=455SAF SUES NEW YORK OVER 'SAFE ACT' MAGAZINE LIMITS
For Immediate Release: 9/27/2013
BELLEVUE, WA – The Second Amendment Foundation filed suit today in federal court seeking to enjoin the State of New York from enforcing provisions of the so-called “SAFE Act” that limit the use of gun magazines containing more than seven cartridges.
SAF is joined in the lawsuit by the Shooters Committee for Political Education (SCOPE) and Long Island Firearms LLC. They are represented by New York attorneys David Jensen and Robert P. Firriolo.
Named as defendants in the lawsuit are New York Gov. Andrew Cuomo and Joseph D’Amico, superintendent of the Division of State Police.
The lawsuit, filed in U.S. District Court for the Northern District of New York, asserts that the seven-round loading restriction violates the Second Amendment because it “substantially interferes with the right of law abiding citizens to defend themselves and is not sufficiently related to any compelling or otherwise adequate government interest.”
“The cartridge limit is arbitrary and serves no useful purpose other than to frustrate, and perhaps entrap, law abiding citizens who own firearms with standard capacity magazines that were designed to hold more than seven rounds,” said SAF founder and Executive Vice President Alan M. Gottlieb. “Several top law enforcement officials have already publicly stated they will not enforce provisions of this law, yet Gov. Cuomo and Supt. D’Amico are pushing ahead.
“The law is contradictory, in that it is legal in New York to possess magazines that hold up to ten cartridges,” he added. “But the SAFE Act limits people to seven rounds, with some narrow exceptions. This amounts to virtual entrapment for anyone who loads more than seven rounds in a magazine for self-defense purposes.
“Magazines that hold ten or more rounds are in common use all over the country,” Gottlieb concluded. “This arbitrary limit essentially penalizes law abiding citizens for exercising their right of self-defense, and that cannot be allowed to stand.”
The Second Amendment Foundation (
www.saf.org) is the nation's oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control. In addition to the landmark McDonald v. Chicago Supreme Court Case, SAF has previously funded successful firearms-related suits against the cities of Los Angeles; New Haven, CT; New Orleans; Chicago and San Francisco on behalf of American gun owners, a lawsuit against the cities suing gun makers and numerous amicus briefs holding the Second Amendment as an individual right.
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