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Federal Judge Upholds SAFE Act



Buffalo, NY (WBEN/AP) - A federal judge has upheld most of New York's new gun control law, rejecting arguments that its bans on large-capacity magazines and the sale of some semi-automatic rifles violate Second Amendment rights.
   
Judge William Skretny in Buffalo says those provisions are constitutional because they're related to achieving an "important governmental interest" in public safety. He says those two features make guns more lethal.
   
Skretny struck down the restriction on gun owners loading more than seven bullets in a legal 10-round magazine, saying that appears to be "an arbitrary number."

In the ruling, Skretny says "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 Plantiff's Second Amendment rights. 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."

The court ruled that the law does not violate the Commerce Clause, because it does not "unduly burden interstate commerce."

READ THE ENTIRE RULING HERE
   
In the ruling, Skretny says "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 Plantiff's Second Amendment rights. 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."

The court ruled that the law does not violate the Commerce Clause, because it does not "unduly burden interstate commerce."

The law was adopted last January following the mass shooting at Sandy Hook Elementary School in Newtown, Conn.
   
The New York affiliate of the National Rifle Association, sportsmen's groups, firearms businesses and gun owners filed the suit.

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Topics : Law_Crime
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Locations : BuffaloNew York
People : William M. Skretny
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