Gov. Andrew Cuomo said today that he’s pleased a federal judge last week upheld most of his controversial gun-control law and predicted a bullet limit for handguns rejected by the judge would be restored on appeal.
The federal judge in Buffalo last Tuesday ruled that most of the so-called SAFE Act adopted a year ago is constitutional, rejecting most of the arguments made by gun-rights groups in their lawsuit against the state. The judge, however, said the state’s seven-bullet limit in a magazine is “arbitrary” and shot it down.
Now the sides are planning appeals.
“It’s going to be appealed. I think it was good the law was upheld. But I’m sure there are going to be appeals,” Cuomo, the former state attorney general, told reporters.
Cuomo said he believes the seven-bullet limit would be restored on appeal. The law only allows seven bullets to be loaded in a 10-bullet magazine.
He said the state had a 10-bullet limit before last year’s law, and New York City has a five-bullet limit for some firearms, he said.
“If you’re going to throw out this limit, you are going to have to throw out all the limits,” Cuomo said.
Still, Cuomo indicated that the judge’s ruling on the seven-bullet limit is now the law, unless it overturned. The case may make its way to the U.S. Supreme Court.
“The law is what a court says it is until it’s appealed and another court says differently,” Cuomo said.