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February 8, 2019 - 1:58pm

Report: Genesee County won't prosecute over NY SAFE Act's seven-round limit

posted by Mike Pettinella in news, NY SAFE Act, Genesee County SCOPE.

Genesee County reportedly is on board with 13 other Western New York counties, including Erie and Monroe, whose law enforcement officials state that they will not enforce the NY SAFE Act’s seven-round capacity limit.

In a Feb. 7 article on the website of Second Amendment advocate 2AWNY, Genesee County District Attorney Lawrence Friedman is quoted as saying that it isn’t a priority for his office to prosecute someone over the number of bullets loaded into his or her firearm’s magazine.

“I can’t say that we will ‘be halting enforcement of the SAFE Act seven-round limit in Genesee County’ because there hasn’t been any such enforcement,” Friedman said. “No such arrests have been made and so there have not been any such cases for us to prosecute.”

He added that is his understanding that “there will not be any such arrests in this County in the future but, if there were, we would not prosecute such charges.”

Recent comments from Genesee County Sheriff William Sheron line up with Friedman’s assessment.

William Fox, chair of the Genesee County chapter of SCOPE (Shooters Committee on Political Education), applauded the county’s law enforcement stance.

 “The judge (Federal Court Justice William Skretny) ruled that they couldn’t do that, and he’s right – it should be that way,” Fox said. “Constitutional rights don’t come with limitations.”

Fox added that three Genesee County towns – Bethany, Batavia and Le Roy -- have joined Genesee County in passing resolutions against the SAFE Act and that he expects more.

Passed in 2013, the SAFE (Secure Ammunition and Firearms Enforcement) Act is a package of more restrictive gun control measures, including the broadening of assault-style weapons, high-capacity magazine provision and universal background checks.

Judge Skretny, in his ruling less than a year later, wrote that 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.”

On Tuesday, Congressman Chris Collins reintroduced the Second Amendment Guarantee Act (SAGA) which, if passed, would negate most of the language in the SAFE Act.

Fox acknowledged that it will be tough for that to pass, but he’s vowing to press on.

“It will be a long road at the federal level but, then again, we have a long way to go here,” he said, stating that the current “red flag” legislation being proposed by Gov. Andrew Cuomo is another case of government overstepping its bounds.

“There is no due process with any of these red flag measures,” he said. “They will be able to confiscate firearms without (determining) just cause.”

The bill would restrict gun possession for those deemed to be a danger to themselves or others. Other proposed bills call for a ban on bump stocks (which allow semi-automatic weapons to mimic automatic fire) and an extension of the waiting period to buy a firearm from three days to 10.

Both bills are expected to pass due to Democratic majorities in both the state Assembly and Senate.

In a related development, Fox said that SCOPE will be coordinating a "Life, Liberty and Freedom" public rally at 10 a.m. Feb. 16 at the Batavia City Centre that will focus on unconstituional laws, attacks on the Bill of Rights, high taxes, abortion demand, illegal immigaration, attacks on faith and attacks on the free press.

Roberta White
Roberta White's picture
Last seen: 1 month 4 days ago
Joined: Jun 20 2014 - 10:34pm

Can Genesee county not prosecute possession of marijuana? How about adultry? Adultry hasn't had legal reprocussions for citizens of Genesee County for decades, unless you are married to a public figure in our local jurisdiction and they use an obscure law to become a tyrant. How about none of us do our jobs? Let's ignore that one about murder too. Purge everybody!!!!!

Dave Marien
Dave Marien's picture
Last seen: 3 years 6 months ago
Joined: Jul 1 2009 - 5:42pm

A Federal judge ruled that the 7 round limit was unconstitutional. So far they haven't ruled that way on the crimes you have mentioned.

Scott Birkby
Scott Birkby's picture
Last seen: 6 months 3 weeks ago
Joined: May 15 2010 - 8:51am

Well okey-dokey then.

Ken Toal
Ken Toal's picture
Last seen: 3 years 3 months ago
Joined: Jan 13 2009 - 10:11pm

Genesee county should tell the state they won't prosecute any of the NY safe act, it is totally unconstitutional. Just another knee jerk reaction by our incompetent Governor. We can't protect ourselves with any gun we chose, but we can abort babies one minute before birth. Cuomo's a joke and I will not abide by his ridiculous laws.

Scott Chismar
Scott Chismar's picture
Last seen: 3 years 1 month ago
Joined: Mar 17 2010 - 1:39pm

There you go Ken. Let's all just do what we want, when we want, with no consideration to the law. What a joke. In case you did not know, any society must have laws to function. The mentality you display is not only insane, but downright dangerous. I would feel much better if the Citizens of New York followed the laws enacted in Albany and Washington DC as opposed to Ken's basement bunker around a bunch of Genny Cream Ales.

Randy Sliker
Randy Sliker's picture
Last seen: 1 month 3 weeks ago
Joined: Nov 1 2014 - 3:10pm

The SAFE act [passed in the dark of night] Is the #1 reason I Moved out of NY state,, Afraid to take any of my favorite guns to the range and shoot them,, Worried some do gooder would blow me in to the authorities and Then get the knock on the door from Kuomos gestapo ! Better move to a free State ,,and Life is Great Thank you !! Good move Genesee county !!

Ken Toal
Ken Toal's picture
Last seen: 3 years 3 months ago
Joined: Jan 13 2009 - 10:11pm

Scott Chismar, if you believe in killing babies and don't mind loosing your rights one at a time good for you. Personally I think your nuts, I believe in the constitution and the right to life, unlike YOUR Govenor Slime bag king Coumo.

Daniel Norstrand
Daniel Norstrand's picture
Last seen: 3 years 2 months ago
Joined: Jul 18 2016 - 10:27am

The US Constitution is THE LAW OF THE LAND. It cannot be superseded or undermined legally. Consequently ignoring or refusing comos directives that seek to do exactly that is the right thing to do, since they are not legal. Each law authority in the country is SWORN TO UPHOLD THE CONSTITUTION. cuomo should be arrested. His deprivation of my constitutionally protected right to bear arms could result in the death penalty for cuomo according to TITLE 18, U.S.C., SECTION 242.

John Roach
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Last seen: 2 weeks 3 days ago
Joined: May 29 2008 - 5:22am

Scott, then you are against "Sanctuary Cities", right?

david spaulding
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Last seen: 4 weeks 14 hours ago
Joined: Sep 12 2011 - 5:46pm

#4 Ken, when you say we abort babies one minute before birth, do you really mean that? Do you know for a fact that women carry a fetus for nine months and a minute before the baby is due to be born, she changes her mind, and has an abortion? Really do you? Please share your resources, I may have to change my mind on this... If in fact a woman aborts her fetus a minute before it is due to be born, should she return the baby shower gifts?

Destin Danser
Destin Danser's picture
Last seen: 3 months 1 week ago
Joined: Apr 17 2010 - 4:55pm

Dave - He didn’t say that people are aborting babies a minute before birth. Simply that it’s now legal to do so should they desire.

Thomas Callan
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Last seen: 3 years 3 months ago
Joined: Mar 10 2016 - 3:54pm

#10 A Regular Jack Benny!!

Scott Chismar
Scott Chismar's picture
Last seen: 3 years 1 month ago
Joined: Mar 17 2010 - 1:39pm

Hey Ken, Chief Justice John Roberts followed the law this week and was against the ridiculous restrictions placed on abortion in Louisiana. I am pretty sure he was appointed by George Bush. So I guess you can be angry at some Republicans and not just Democrats.

Julie Morales
Julie Morales's picture
Last seen: 3 years 1 month ago
Joined: Nov 27 2009 - 1:29pm

Post 5: “I would feel much better if the Citizens of New York followed the laws enacted in Albany and Washington DC as opposed to Ken's basement bunker around a bunch of Genny Cream Ales.”

Love that caustic wit! Funniest post on here in months, maybe years.

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