Skip to main content

Collins introduces legislation aimed at prohibiting states from enacting gun laws more restrictive than federal statutes

By Howard B. Owens

Press release:

Congressman Chris Collins (NY-27) has proposed new measures for protecting Second Amendment rights by introducing legislation to limit states authority when it comes to regulating rifles and shotguns, commonly used by sportsmen and sportswomen.

The Second Amendment Guarantee Act (SAGA) would prevent states from implementing any regulations on these weapons that are more restrictive than what is required by federal law. Upon passage of this bill, most of the language included in New York State’s Secure Ammunition and Firearms Enforcement (SAFE) Act of 2013 signed into law by Governor Cuomo would be void.

“This legislation would protect the Second Amendment rights of New Yorkers that were unjustly taken away by Andrew Cuomo,” Collins said. “I am a staunch supporter of the Second Amendment and have fought against all efforts to condemn these rights. I stand with the law-abiding citizens of this state that have been outraged by the SAFE Act and voice my commitment to roll back these regulations.”

Governor Cuomo’s SAFE Act violates federal regulation and the following provisions would be void under the proposed legislation:

-          Cuomo’s SAFE Act expanded rifle and shotgun bans to include semi-automatic guns with detachable magazines that possess certain features.

-          The Cuomo SAFE Act banned the capacity of magazines that hold more than 10 rounds of ammunition. It further limited magazines to seven rounds at any time.

In the Collins’ bill, States or local governments would not be able to regulate, prohibit, or require registration and licensing (that are any more restrictive under Federal law) for the sale, manufacturing, importation, transfer, possession, or marketing of a rifle or shotgun. Additionally, “rifle or shotgun” includes any part of the weapon including any detachable magazine or ammunition feeding devise and any type of pistol grip or stock design.

Under this legislation, any current or future laws enacted by a state or political subdivision that exceeds federal law for rifles and shotguns would be void. Should a state violate this law, and a plaintiff goes to court, the court will award the prevailing plaintiff a reasonable attorney’s fee in addition to any other damages.

Congressman Collins was joined today by local, county, and state elected officials and citizen supporters of the Second Amendment during events to unveil his bill in Erie and Monroe counties.

Hamburg Rod and Gun Club:

Assemblyman David DiPietro

Erie County Sheriff Tim Howard

Erie County Comptroller Stefan Mychajliw

Erie County Legislator Ted Morton

Representatives from SCOPE

Rochester Brooks Gun Club:

Senator Rich Funke

Senator Rob Ortt

Assemblyman Peter Lawrence

Monroe County Legislator Karla Boyce

Representatives from SCOPE

 

To read the text of H.R. 3576, the Second Amendment Guarantee Act, click here.

Dave Meyer

More pandering from our boy Collins.
This "legislation" hasn't a snowball's chance in hell.
Two words-States Rights.

Even if passed by the house, this NEVER gets through the Senate.
Collins is really desperate

Aug 1, 2017, 3:03pm Permalink
John Roach

Hope this passes. Our governor is not allowed to restrict Freedom of the Press or Speech. He should not be allowed to do it our right to bear arms.

Aug 1, 2017, 4:31pm Permalink
Dave Meyer

ZERO chance this ever becomes law. I mean seriously!
A LOT MORE IMPORTANT stuff to be worrying about in Washington than this lame ass pandering bill.
Collins is a joke.
NOBODY is coming to take your guns.

Aug 1, 2017, 4:59pm Permalink
Howard B. Owens

That was my first thought, too, but what's delegated to the states is only that not covered by the Constitution, which would mean the Second Amendment, so you're down to an argument about how much states can regulate any of the rights guaranteed by the Bill of Rights.

Aug 1, 2017, 8:47pm Permalink
Randy Sliker

You Go Chris !! Your the one shining spotlight in western NY ! Sadly I had to leave NY because of the Safe act gun ban ! Left my friends of a lifetime .,Family and a Job I loved ! all because of Liberals and there Gun control act !!

Aug 1, 2017, 10:42pm Permalink
Dave Meyer

@Randy Sliker
You "Had to leave NY" because of the Safe Act???
Please enlighten me. I call Bull$hit.

Aug 2, 2017, 7:40am Permalink
Randy Sliker

Dave I collect so called Assault rifles --NT safe act bans them and at Minimum requires Registration So they know who has them for future confiscation.. As You fully know Most western Ny ers Do not support the NY city Liberals controlling the up state areas, Ny would be much better off if they could separate from The down state Liberal areas and become West NY !! Add In the Totally restrictive zoning and Un elected Zoning officers and NY becomes a Hellhole to live in .. Where I moved to My taxes are 1/3rd I own 6 wooded acres at half the cost of ny .. ,No Gun control, No gun Bans and No need for a Pistol permit to CCW ,,and The only crime is Liberals sucking drugs and doing the criminal acts !

Aug 3, 2017, 11:43am Permalink
Rich Richmond

Good response, Randy, and you didn't respond with profanity ("Bull$hit") for something you can't perceive or don't understand.I know several people who own semi-auto sporting rifles the New York Safe Act designated as illegal. They left NY State, and for the benefits, you mention, lower taxes, etc. One close friend has a winter home in Florida and stores most of his firearms there. He has a Florida, PA and one other Pistol Permit, perhaps Utah, for reciprocity with other freedom loving states. New York recognizes no others but their own because of self-righteous arrogance.

Aug 3, 2017, 2:53pm Permalink
Brian Graz

As is being mistakenly hailed by many from the pro-2nd Amendment crowd... sorry, but this Collins Bill WILL NOT repeal the SAFE Act. It won't even come close, as it only pertains to long guns {read the damn Bill: https://chriscollins.house.gov/sites/chriscollins.house.gov/files/COLLI… }

IMO the pre and post SAFE Act infringements on handguns in NYS [mag capacity, permit and re-cert requirement, waiting periods for CCW authorization, etc] are much more egregious and unConstitutional. Why weren't these addressed in Collins' Bill? Because Congressman Collins is once again pandering the uninformed gun owners vote.

The progressive liberal gun control freeks say they believe the Bill violates the Constitution's 10th amendment. I'd say quite the contrary.
That amendment reads: “The powers not delegated to the United States by the Constitution, nor PROHIBITED BY IT TO THE STATES, are reserved to the States respectively, or to the people.” The power prohibited to the States by the Constitution's 2nd Amendment is simply and plainly "the right of the people to keep and bear Arms, shall not be infringed"... and that language is "unconditional". ANY and ALL regulation, restriction, and control [ie: permits, registration, re-certification, bans, etc] of personal arms by the State is a violation of "shall not be infringed", and as such is unConstitutional, and should be declared null and void.

Aug 3, 2017, 2:55pm Permalink
John Roach

I agree with Brian that the Collins bill will not completely overturn the Safe Act, but it is a start and we need it passed.

It was a shame the Supreme Court did not take gun control up last term.
But the main fault is with New York State gun owners. There an estimated 6 million of them and clearly, they have not voted the liberals our for this.

Aug 3, 2017, 3:20pm Permalink
Brian Graz

I agree John, let's welcome any and all efforts to reverse the infringing of our Constitutional guarantees. BUT, LET"S BE HONEST ABOUT THE INTENT. Congressman Collins is bragging about his pursuit of Repealing NYSAFE and then introduces a Bill that he "implies" will do that. IT DOES NOT. More Transparency Please.

Just maybe the voters don't vote because it's almost impossible to believe and trust any of the politicians... ?

Hopefully if nothing else at least the Trump administration will give us a Constitutional Supreme Court before leaving office.

Aug 3, 2017, 5:05pm Permalink
John Roach

Since so many NYS gun owners stay home, or vote for people who support he SAFE ACT, you wonder if they even care if their rights are being taken away.

Aug 3, 2017, 6:17pm Permalink

Authentically Local