Chemung County Joins WNY SAFE Act Seven-Round Capacity Limit Non-Enforcement Zone

[Edwardteach72]

While its pointless I am also glad to see that they are making a statement at the same time with others.

It's still grandstanding

But Chemung is the newest to add their name to the list of those who wont enforce the non existing 7 round magazine capacity limit

This adds them to the list which includes

Erie, Niagara, Chautauqua, Wyoming, Allegany, Steuben, Ontario, Livingston, Monroe, Yates, Cattaraugus, Genesee, and Seneca Counties

Chemung County Joins WNY SAFE Act Seven-Round Capacity Limit Non-Enforcement Zone

 

[@thewheels]

So...

Mental gymnastics in my head at the moment: If these counties won't enforce the 7 round limit and you can't purchase a specific gun with 10 round magazines because no one makes a 10 round for it, does this county by county trend give greater/better standing for a lawsuit?

I need more coffee to process my thoughts but feel free to flame away.

 

[Edwardteach72]

I am happy to see that the DA did bring up that the limit was ruled unconstitutional twice and therefore he has no intentions of enforcing it

Ruled by Chief US District Judge William Skretny in 2013, and then by the 2nd Circuit of the United States Court of Appeals in 2015

 

[Edwardteach72]

So...

Mental gymnastics in my head at the moment: If these counties won't enforce the 7 round limit and you can't purchase a specific gun with 10 round magazines because no one makes a 10 round for it, does this county by county trend give greater/better standing for a lawsuit?

I need more coffee to process my thoughts but feel free to flame away.

There wouldnt be a lawsuit as the 7 round limit has been ruled unconstitutional by a federal judge in Buffalo (see my second post) and it was appealed to the 2nd Circuit Court who upheld the ruling and also agreed the 7 round limit not constitutional.

The issue is it was most likely appealed again by the state but the SCOTUS never took the case.

Thus it is no longer a law, but NY as a state has decided not to amend the penal code

 

[Criticalt]

These counties coming out saying this doesnt mean much but the one good thing is it could save someone some aggrevation and maybe money.
Being arrested for 10 rounds and having to defend yourself is aggravating.
Even though it would be thrown out....being arrested, having your gun confiscated temporarily and maybe home searched...car searched.....pure bullshit.
Even though grandstanding, this sends a message to Albany.

 

[Phauxtoe]

the Arbitrary 7 round Limit WILL NOT ENFORCED, instead we will Enforce an Arbitrary 10 round Limit!

 

[Edwardteach72]

These counties coming out saying this doesnt mean much but the one good thing is it could save someone some aggrevation and maybe money.
Being arrested for 10 rounds and having to defend yourself is aggravating.
Even though it would be thrown out....being arrested, having your gun confiscated temporarily and maybe home searched...car searched.....pure bullshit.
Even though grandstanding, this sends a message to Albany.

Agreed. And I do like how (my) the DA in his statement mentioned how that portion of the law was thrown out in 2 separate courts, so while still grandstanding, he is also 1 sending a message to Albany and also sending a message to other county DA's who may try to push charges that hey this isnt a thing it's been ruled on twice

 

[Edwardteach72]

the Arbitrary 7 round Limit WILL NOT ENFORCED, instead we will Enforce an Arbitrary 10 round Limit!

The 2A has been eroded by baby steps, it sadly will have to he rebuilt by..... baby steps

 

[Criticalt]

I live in Chautauqua Co where guns are a way of life and our legislature (mostly) supports our rights.

 

[ArmedCorgi]

Would be nice to see all the counties continue to thumb their noses at Cuomo and new gun control laws.

 

[IrishMick]

I am no lawyer but as I understand how this is supposed to work is that the case was ruled on in court and the 7 round limit was struck down as unconstitutional (illegal). The state appealed it to the 2nd Circuit Court who upheld the lower courts ruling. Case was not taken up by the Supreme Court. By not granting cert to hear the case doesn't the ruling of the 2nd Circuit stand? The 2nd Circuit covers all of NYS ergo the law is null within the jurisdiction of the 2nd Circuit. Would this not mean that this provision is null and void throughout the state including any asinine aberrations in NYC? To arrest someone under a law which is not in existence through being struck as unconstitutional would be an illegal and false arrest. Please enlighten me how any government agency can be directed to arrest on a law that is no longer a law.

 

[ArmedCorgi]

Please enlighten me how any government agency can be directed to arrest on a law that is no longer a law.

Two words: Cuo Mo

 

[Criticalt]

I am no lawyer but as I understand how this is supposed to work is that the case was ruled on in court and the 7 round limit was struck down as unconstitutional (illegal). The state appealed it to the 2nd Circuit Court who upheld the lower courts ruling. Case was not taken up by the Supreme Court. By not granting cert to hear the case doesn't the ruling of the 2nd Circuit stand? The 2nd Circuit covers all of NYS ergo the law is null within the jurisdiction of the 2nd Circuit. Would this not mean that this provision is null and void throughout the state including any asinine aberrations in NYC? To arrest someone under a law which is not in existence through being struck as unconstitutional would be an illegal and false arrest. Please enlighten me how any government agency can be directed to arrest on a law that is no longer a law.

You are correct......however
The state has not removed the 7 round limit from the "books", so ignorant cops and DAs can still charge you and even bring it to court. In court it will be thrown out, but you will have the aggrevation of being arrested, processed through jail, need to hire a lawyer....etc.
This is NYS.

 

[ArmedCorgi]

You are correct......however
The state has not removed the 7 round limit from the "books", so ignorant cops and DAs can still charge you and even bring it to court. In court it will be thrown out, but you will have the aggrevation of being arrested, processed through jail, need to hire a lawyer....etc.
This is NYS.

I'd think you'd have grounds to sue as well.

 

[byron]

one word LAWSUIT any DA with half a brain will not even want to be close to a court with this. malicius prosacution. denotes the wrongful initiation of criminal proceedings

 

[Bozo]

As far as I know, no one has been arrested solely on exceeding the 7 round limit. It was an add-on charge, as for example if a trooper took temporary possession of your legal pistol during a traffic stop, there was no basis for searching the magazine. That was part of the original NYSP field guide. People have been charged after the court rulings, but I doubt any of them made it to court on that charge.

 

[Edwardteach72]

As far as I know, no one has been arrested solely on exceeding the 7 round limit. It was an add-on charge, as for example if a trooper took temporary possession of your legal pistol during a traffic stop, there was no basis for searching the magazine. That was part of the original NYSP field guide. People have been charged after the court rulings, but I doubt any of them made it to court on that charge.

No there was atleast one arrest of someone who when they told the officer they had a handgun in the car the officer decided to do a round count and snagged them for having more than 7 rounds

 

[gun_slinger_boy]

the Arbitrary 7 round Limit WILL NOT ENFORCED, instead we will Enforce an Arbitrary 10 round Limit!

Beat me to it. This is why I believe they know full well this is an empty gesture. If they truly wanted to make a statement in that they won't follow the slave act then why not deny enforcement of all magazine capacities? Hell, they could even say they will revert to preban mags being acceptable. That would at least be a first step.

 

[BDinPutnam]

Get back to me when one of these pandering, grandstanding doucheclowns go on record as not going to enforce the cosmetic bullshit in the crap act or, better yet, Sullivan.

I won't hold my breath waiting for a county exec, a DA, or a sheriff to march down to the purple tie barracks over an "assault weapons" charge.

 

[Acer-m14]

we got 4 packs ( wine coolers ) , 6 packs , 12 packs , 24 packs , 30 packs . and even a assault keg ( beer ) . .. just a fucking number .. FUAC FUNY ..

new snow storm coming .. do your damn job Sheriffs ... DA's .. arrest FUAC for impersonation .. leo , ems , firefighter .. make it the photo op of his life ..

 

[Truebeliever]

It’s a BS guesture .

If any cop arrested someone solely for it, it’s a civil rights violation and the law suits begin.

The DA decided not to prosecute? The courts have already ruled they can’t. It would never go past arraignment even if they wanted to.

 

[byron]

No there was atleast one arrest of someone who when they told the officer they had a handgun in the car the officer decided to do a round count and snagged them for having more than 7 rounds

there was one near me by a state trooper but it was before the court ruled on it. it was thrown out for illegal search. he had no probable cause to search the Mag.

 

[Edwardteach72]

there was one near me by a state trooper but it was before the court ruled on it. it was thrown out for illegal search. he had no probable cause to search the Mag.

Yes that is the one and were the judge didnt set the precedence of not being able to empty a magazine and count rounds like you said without probable cause

 

[MadScientist]

there was one near me by a state trooper but it was before the court ruled on it. it was thrown out for illegal search. he had no probable cause to search the Mag.

What constitutes probable cause for searching a mag? And if this is the case what stops more people from simply carry standard capacity mags?

 

[gun_slinger_boy]

What constitutes probable cause for searching a mag? And if this is the case what stops more people from simply carry standard capacity mags?

I would think probable cause would be if it actually looks like a magazine that could hold more than 10. A 10 round AR mag looks way different than a 30 rounder. Granted there are blocked 30 round mags but in that case I think a cop would be justified in checking it. With pistol mags it gets tricky.

 

[byron]

What constitutes probable cause for searching a mag? And if this is the case what stops more people from simply carry standard capacity mags?

Stop if I remember right was for a traffic violation.

Probable cause means police must have some facts or evidence to believe you're involved in criminal activity. In other words, an officer's hunch without evidence of illegal activity is not enough to legally search your car. Before searching, he must observe something real.

 

[Edwardteach72]

Stop if I remember right was for a traffic violation.

Probable cause means police must have some facts or evidence to believe you're involved in criminal activity. In other words, an officer's hunch without evidence of illegal activity is not enough to legally search your car. Before searching, he must observe something real.

You are correct it was a traffic violation, and the individual told the officer they were carrying and the officer I believe took the gun "for their safety" and decided to take the mag out and empty it

 

[MadScientist]

I would think probable cause would be if it actually looks like a magazine that could hold more than 10. A 10 round AR mag looks way different than a 30 rounder. Granted there are blocked 30 round mags but in that case I think a cop would be justified in checking it. With pistol mags it gets tricky.

Yeah probable cause is a real tricky beast because it’s so subjective. Further an officer could invoke probable cause based on rather specious factors. Yeah the resulting charges may get tossed out because of 4th amendment violations but in ways the damage is already done defending yourself in court.

I wish there was some sort of fix to the court system. It is sort of like our sword and shield in regard to our rights but it’s way too expensive and it’s too easy to be priced out of it. If your rights are violated on the day-to-day and you can’t afford to press charges, then the violations bring no consequences and you are out of luck. It sucks

 

[byron]

You are correct it was a traffic violation, and the individual told the officer they were carrying and the officer I believe took the gun "for their safety" and decided to take the mag out and empty it

thats the one for sure