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Federal Court Strikes Down Magazine Limit

Augustin

Regular Member
Joined
May 20, 2009
Messages
337
Location
, ,
Some good news, partially.


"Federal Court Strikes Down Magazine Limit but Upholds NY Assault Weapons Ban

Manasquan, NJ --(Ammoland.com)- New York’s rights infringing ban on assault weapons is constitutional, but it cannot limit a gun magazine to seven bullets, a federal court judge ruled today.

The ruling by Chief U.S. District Judge William M. Skretny in Buffalo found that New York’s gun-control law, called the SAFE Act, that restricts assault weapons doesn’t infringe on Second Amendment rights. But the judge tossed a provision that limits a magazine that can hold 10 rounds to just seven bullets.

“This Court finds that the challenged provisions of the SAFE Act — including the act’s definition and regulation of assault weapons and its ban on large-capacity magazines — further the state’s important interest in public safety, and do not impermissibly infringe on Plaintiffs’ Second Amendment rights,” Skretny ruled.

“But, the seven-round limit fails the relevant test because the purported link between the ban and the state’s interest is tenuous, strained, and unsupported in the record.”

Read more:

http://www.ammoland.com/2013/12/fed...it-upholds-assault-weapons-ban/#axzz2p61hXCnT
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,525
Location
Fairborn, Ohio, USA
Oh...the laws don't "impermissibly" infringe! Well, that's OK then. The infringement is one of the "permissible" variety. :rolleyes:


Sent from my iPad using Tapatalk.

<o>
 

emsjeep

Regular Member
Joined
Oct 9, 2008
Messages
210
Location
NY-CT
Some good news, partially.


"Federal Court Strikes Down Magazine Limit but Upholds NY Assault Weapons Ban

Manasquan, NJ --(Ammoland.com)- New York’s rights infringing ban on assault weapons is constitutional, but it cannot limit a gun magazine to seven bullets, a federal court judge ruled today.

The ruling by Chief U.S. District Judge William M. Skretny in Buffalo found that New York’s gun-control law, called the SAFE Act, that restricts assault weapons doesn’t infringe on Second Amendment rights. But the judge tossed a provision that limits a magazine that can hold 10 rounds to just seven bullets.

“This Court finds that the challenged provisions of the SAFE Act — including the act’s definition and regulation of assault weapons and its ban on large-capacity magazines — further the state’s important interest in public safety, and do not impermissibly infringe on Plaintiffs’ Second Amendment rights,” Skretny ruled.

“But, the seven-round limit fails the relevant test because the purported link between the ban and the state’s interest is tenuous, strained, and unsupported in the record.”

Read more:

http://www.ammoland.com/2013/12/fed...it-upholds-assault-weapons-ban/#axzz2p61hXCnT
Be advised that it is only in one of the four federal districts. 7 rounds is still technically the rule in 3/4 of the state.
 
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