In his 54-page ruling today, Chief U.S. District Judge William M. Skretny upheld most of the SAFE Act on the grounds that the state can rightfully claim the gun-control law helps protect its citizens.
For one, seven-bullet magazines aren’t produced. So the state amended the law and said that a person can have a 10-bullet magazine, but can only put seven rounds in it.
Skretny said the provision doesn’t make sense.
“The seven-round limit is largely an arbitrary restriction that impermissibly infringes on the rights guaranteed by the Second Amendment. This Court therefore strikes down that portion of the Act,” he wrote.
He also essentially took the side of gun-rights activists, saying that the bullet limit would make a gun owner less safe against a criminal with a fully loaded clip.
“This provision, much more so than with respect to the other provisions of the law, presents the possibility of a disturbing perverse effect, pitting the criminal with a fully- loaded magazine against the law-abiding citizen limited to seven rounds,” Skretny wrote.
Still, he said the SAFE Act is largely within its bounds and doesn’t infringe on the Second Amendment.
“This Court finds that New York has satisfied its burden to demonstrate a substantial link, based on reasonably relevant evidence, between the SAFE Act’s regulation of assault weapons and the compelling interest of public safety that it seeks to advance,” he wrote.
He also rejected another claim by gun-rights groups: The SAFE Act doesn’t unduly burden interstate commerce because it requires sales be conducted “face-to-face” and thus doesn’t violate the federal Commerce Clause.