Restrictions on Assault Weapons and Large-Capacity Magazine Limits Deemed Constitutional
New York Chief U.S. District Judge William M. Skretny today upheld the constitutionality of the majority of the NY SAFE Act, a victory for all New York residents. This ruling will help ensure a safer environment for New York’s children and communities. Moms Demand Action for Gun Sense in America applauds the court’s decision to maintain the law’s expanded restriction on assault weapons and large-capacity magazine limits.
“Today’s decision unequivocally holds that bans on assault weapons and large-capacity magazine limits are perfectly consistent with the Constitution,” said Wendy Szymanski NYC and Greater Area chapter leader for Moms Demand Action for Gun Sense in America. “The court said that because assault weapons are often used in mass shootings, such as the Newtown and Aurora tragedies, banning them is a matter of public safety and assists in crime prevention and does not violate the Second Amendment. We will continue our work to ensure other states follow New York’s lead.”
However, Moms Demand Action is disappointed the law’s 7-round magazine limit was deemed unconstitutional. Although the judge upheld a ban on magazines holding more than 10 bullets, he said the 7-bullet limit was arbitrary. A bi-partisan majority of the legislature determined that seven bullets was the appropriate number. We expect the Attorney General will appeal this portion of the ruling.
New York was the first state to pass comprehensive gun laws after the Sandy Hook Elementary massacre last year. Moms Demand Action members have strongly supported the NY SAFE Act since it’s creation in January. Also, working in conjunction with New Yorkers Against Gun Violence and the Law Center to Prevent Gun Violence, Moms Demand Action submitted an amicus curiae in response to this lawsuit filed by the New York State Rifle & Pistol Association which stated, “The SAFE Act and, in particular, its prohibitions on assault weapons and large capacity ammunition magazines, are fully consistent with the Second Amendment.”