posted on January 08, 2014 17:50
Since a federal judge struck down the seven-round magazine limit of New York’s SAFE Act, more Sheriffs are speaking out about not enforcing that provision of the law.
Locally, both Livingston County Sheriff Thomas Dougherty and Genesee County Sheriff Gary Maha have both stated that since the ruling Dec. 31, they will not enforce the seven-round magazine limit.
Sheriff Maha says he is sworn to uphold the law, but not the part that was struck down.
“We’re not going to enforce that at all,” Sheriff Maha said. “As far as I’m concerned, that’s no longer an issue. We’ll go back to the regular 10-round magazine limit.”
“Our state Sheriffs Association,” he said, “very closely scrutinized the language in the decision and feels that enforcing the seven-round magazine limit would be illegal.”
The Buffalo-based federal judge upheld the rest of the SAFE Act, saying it did not infringe on Second Amendment rights and that it furthers the state’s interest in public safety. The judge said the seven-round limit, though, was “arbitrary.”
Both the state and gun-rights groups have indicated they plan to appeal.