Number of WNY counties no longer prosecuting the capacity limit provision of the SAFE Act grows to six

JANUARY 10, 2019 – BUFFALO, N.Y. – Joining his colleagues in Erie, Niagara, Chautauqua, Allegany, and Wyoming Counties, Steuben County District Attorney Brooks Baker directly stated on Wednesday he is not enforcing the SAFE Act seven-round capacity limit.

2AWNY Civil Rights Advocate Steve Felano asked D.A. Baker “Please advise with all deliberate speed, will you immediately be halting enforcement of the SAFE Act seven-round limit in Steuben County?” Baker responded by email:

“I am joining my fellow DA’s around upstate NY…in interpreting the Federal Court of Appeals decision referred to in your email as dispositive of the issue of unenforceability of the 7-round magazine limitation set forth in the SAFE Act. Given that case law precedent Steuben County will not enforce the 7-round provision of the SAFE ACT set forth in the Penal Law and addressed with disfavor by Judge Skrenty’s decision. Should you have any question about my position please feel free to contact me.”

“The growing move by district attorneys across Western New York to not enforce the seven-round capacity limit is the canary in the coal mine for the SAFE Act itself, which is overall unconstitutional and void for vagueness,” 2AWNY Civil Rights Advocate Steve Felano said. “Widespread consensus regarding the unconstitutionality and unenforceability of the seven-round capacity limit among upstate New York prosecutors and law enforcement officers is simply the beginning of the end for the SAFE Act. The final nails in the coffin of this onerous imperial edict will come from two compelling legal challenges to New York State’s gun control regime that are moving ahead in 2019.”

Following are the legal challenges to the SAFE Act and the New York State pistol permitting requirement that will build upon the momentum of SAFE Act non-enforcement decisions in 2019:

• The People of the State of New York v. Benjamin Wassell – This case, expected to be argued in New York State Supreme Court on February 28th, 2019, seeks to reverse a SAFE Act conviction erroneously applied to a Western New York resident.

• Libertarian Party of Erie County v. Cuomo – This case, expected to be argued before the U.S. Court of Appeals in February 2019 (one step away from U.S. Supreme Court review), seeks to nullify New York State’s pistol permit requirement.

To learn more about any of the above, please contact Steve Felano at (518) 852-1863 or [email protected].

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