Tag Archive: New York State Police


NY State Police Update NY SAFE Guide, Will Not Enforce

Seven-Round Mag Limit

 

 

Increased Demand For Guns And Ammunition, Leads To Nationwide Ammo Shortage

 

 

 

” Following a federal judge’s ruling in December that the seven-round magazine limit imposed under the New York SAFE Act was “tenuous, straitened, and unsupported” and therefore unconstitutional, state police have updated their filed guide on the controversial law to urge officers not to enforce the arbitrary magazine limit.

  The announcement on the revisions to the New York State Police NY SAFE Act Guide was made on Wednesday and came via the New York State Rifle & Pistol Association.

“ 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 NYSRPA President Thomas King in a press release.

“ 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,” he continued.”

 

 

 

Read more here and the NYSRPA press release is below …

 

 

 

” NYSRPA pleased police will not enforce SAFE Act provision – The New York State Rifle & Pistol Association is pleased to announce that the Revised New York State Police NY SAFE Act Guide instructs its members not to enforce the 7-round magazine limit originally imposed by the hastily enacted measure.

” This is a direct result of the December 31, 2013 ruling in the U.S. District Court for the Western District of New York on litigation filed by NYSRPA,” said NYSRPA President Thomas King. The court ruled that the unlawful possession of certain ammunition feeding devices (fully loaded 10-round magazines) was unconstitutional.

” 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 King. “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.” 

  Citing the secretive and hurried process in which the NY SAFE Act became law, King said, “Lawmakers, mental health professionals, and New York’s gun owners were essentially ignored in the rush to enact this law. 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.” “

 

 

 

 

 

 

 

 

 

 

 

Lawmaker To Investigate Gun Seizure

 

 

”  A state lawmaker is calling for an investigation into how an Amherst man’s guns were taken away by mistake.

State Assemblyman Ray Walter says when he saw the news coverage of David Lewis’ case, he knew immediately something was “seriously wrong.” Walter wants some answers, when he meets face-to-face with the State Police Superintendent in Albany next Tuesday.

Lewis said, “It’s been very embarrassing. I feel like I’ve been let down, and my privacy’s been invaded.”

Lewis’ attorney, Jim Tresmond, suspects investigators are using the SAFE Act, to pry into confidential medical records.

“We hear that there’s a special unit that’s been created to peruse the HIPAA reports,” Tresmond said.

Walter added, “Or else this was just a test case on the part of the Governor’s office, to see how far we could push this law. And I hope that’s not the case.”

State Supreme Court Judge William Boller has ordered Lewis’ pistol permit reinstated; once Lewis has it back, he can pick up his guns from Amherst Police.

Tresmond says he’ll be filing in federal and possibly state courts, on the grounds that Lewis’ rights to due process were violated.”