1791 SOCIETY FILES NEW LAWSUIT AGAINST NY STATE
OVER FIREARMS MAGAZINE CAPACITY

A Federal court several years ago upheld a lower-court ruling, issued in late 2013 by Chief U.S. District Judge William M. Skretny in Erie County, that struck down a SAFE Act component that had made it illegal for individuals to load more than seven rounds of ammunition into a magazine capable of holding 10 rounds.

New York State, the court ruled, failed to produce evidence that the provision would stop criminals from simply adding three more rounds to get the magazine to its full, 10-bullet potential. “It is thus entirely untethered from the state rationale of reducing the number of assault weapons and large-capacity magazines in circulation,” the court said in its 57-page ruling. The seven-round limit was among the key components pushed by Gov. Andrew M. Cuomo when he got lawmakers to go along with the SAFE Act in early 2013. With seven-round magazines difficult to find, a compromise was struck that said gun owners could use 10-round magazines, but load only up to seven rounds in them. The appeals court ruling means that gun owners can legally load 10 rounds in a 10-round magazine.
Recently, Cuomo has ordered the NY State Police to again start enforcing the 7 round limit stated in the SAFE Act. Erie County District Attorney John Flynn recently announced that he is moving to dismiss over 20 charges currently filed in Erie County Court and will follow the guidelines of Federal case law, as found by the Federal Courts. LAWSUIT ANNOUNCED AT HEAVILY ATTENDED MEETING OF THE 1791 SOCIETY IN LACKAWANNA, NY In a lawsuit filed on Decemer 19th in NYS Supreme Court against Acting NYS Attorney General Barbara Underwood, the plaintiffs seek a Declaratory Judgment that enforcement of the NYS Penal Law limiting 8, 9, and 10 round capacity magazines in unconstitutional and a violation of Federal case law. The Attorney General is required to answer to this lawsuit on or about January 19th, 2019.

The Law Firm of Tresmond & Tresmond, LLC of Buffalo, NY is representing the plaintiffs in the action against NY State. The individual ultimately behind ordering the NYS Police to resume enforcement of the unconstitutional 7 round limit is the ultra left wing Second Amendment hating Governor, Andrew Cuomo. Cuomo's use of the NYS Police to enforce his beloved gun laws with a heavy hand, personal hatred of the private ownership of firearms, to disarm the people of their guns, and to inhibit exercise of Constitutional rights in NYS has severely damaged the credibility of the NYS Police. Cuomo has caused a very large segment of the law abiding Upstate population to express contempt and dislike for the formerly highly respected agency. This is the second lawsuit filed by the 1791 Society against Cuomo and his Administration in the past month. Another action previously filed seeks Declaratory Judgment against Cuomo, the NYS Attorney General, and the Supt. of the NYSP for failure to comply with the Heller and McDonald decisions of the US Supreme Court regarding the possession of common firearms by the people under the Individual Rights affirmed in the Second Amendment.