NY OFFICIALS AGREE TO NOT ENFORCE 7-ROUND MAGAZINE LIMIT WHILE GUN CASE ON APPEAL

Test NY OFFICIALS AGREE TO NOT ENFORCE 7-ROUND MAGAZINE LIMIT WHILE GUN CASE ON APPEAL 
(April 1, 2014)

Second Amendment Foundation: BELLEVUE, WA – 

New York Gov. Andrew Cuomo and State Police Superintendent Joseph D’Amico have agreed, in a stipulated order, to not enforce a section of the state’s controversial SAFE (Secure Ammunition and Firearms Enforcement) Act while an appeal is underway in one of the legal challenges to that statute, amounting to a small but important victory for the Second Amendment Foundation in a challenge to the constitutionality of a provision in the law.

Well, isn't that special?

 At issue is the arbitrary seven-round limit on magazine capacity that was included in the SAFE Act under Section 265.37 of that law. At
trial in the case of New York State Rifle and Pistol Assn, Inc. v. Cuomo, Judge William M. Skretny ruled that the section dealing with the magazine limit is unconstitutional. He upheld other provisions in the Act.

 "... arbitrary seven round limit on magazine capacity ....."

Unless I am sadly mistaken, most of these 'arbitrary ... limit on magazine capacity" laws are disingenuous at best.  The usual practice is to accompany the 'mag capacity' rule with verbiage to the effect that " .... the following firearms are restricted in that they allow the use of a magazine with a capacity of holding more than (x-number) rounds".  The only variable is the "arbitrary"  number of rounds.

Make no mistake, that number is entirely arbitrary.  Is a seven round magazine acceptable, but an eight round magazine is "evil"?   Those who would mandate a magazine capacity limit would very much prefer a maximum of ONE round, but they feel magnanimous in "allowing" us to have up to <gasp!> SEVEN rounds of highly dangerous ammunition. 

One supposes that they feel this is a quid pro quo measure.

That is, they will "give" the citizens of their state the ability to carry SEVEN round of ammunition  (presumably because the WWII magazines in a 1911-frame .45 accepted 7 rounds).

In turn, they expect you to swallow, smile, and say "thank you, that was very good for me".

Those of you New Yorkers who have foolishly bought 8-round magazines, or even worse 10-round magazines?  Well, y'all are just shit out of luck because you know that this appeal process is going to fail in the long run.

Why?

It's the governor of New York, that's why.

And you thought Cuomo was a Good Guy because he stood up with GW Bush on 9/12.

The fact is, of course, that restricting magazine capacity DOES "infringe" upon the 2nd Amendment.