Is New York's SAFE Act for Gun Control in Trouble?Legal Compliance Resource
January 8, 2014 — 873 views
A while back the SAFE act had been implemented in New York. Under the act it was unlawful for a person to carry more than seven bullets in his loaded gun, regardless of whether it was concealed or not concealed. But now a judge has ruled that the Act is unconstitutional and has struck it down. However, it is still possible to appeal the ruling to a higher court, such as the Supreme Court.
The SAFE Act has been in force for a long time now. It was enacted to ensure safety of ordinary citizens in New York. It was believed that this goal could be achieved by regulating the number of bullets in a gun. But, right from its inception the act was criticized by gun rights advocates, who want the act to be scrapped. The gun rights advocates have made several efforts to overturn the act.
The Act has been declared as being unconstitutional and void by Judge William Skretny. In his ruling, he has nullified the act. However, he has still upheld most of the other provisions of the SAFE Act.
Many people have criticized the ruling and want to challenge it in higher court. This includes the Attorney General for New York, Eric Schneiderman. It also includes organizations such as the New York State Rifle and Pistol Association. The Rifle and Pistol Association of New York is the main plaintiff in the case and it wants the law to be scrapped, as it claims that the entire law is unconstitutional.
The decision by Judge William Skretny is not binding, but a decision by a higher court, such as the Supreme Court could be binding. It remains to be seen as to whether and when the decision gets challenged in a higher court. The decision of the higher court could decide the future of the act and could also establish the future of guns in the state of New York.
The debate over the safety and efficacy of guns has had a long history in the United States. It begins with the Second Amendment to the US Constitution which makes the right to carry firearms a fundamental right. But since then, several challenges have been made to this right, both in the courts and in the legislature. To some extent, the right to bear arms has been reduced to some degree, but complete banning has not yet been achieved as it interferes with the constitutional right.