SAFE Act opponents suffer setback in court ruling

By Kelly Fay

Just one day after the deadline for owners of assault weapons to register their firearms, a Supreme Court justice upheld the constitutionality of the controversial SAFE Act — a set of stricter gun regulations adopted by the state in January 2013 following a shooting in Newtown, Conn. that left more than two dozen dead.

Among other measures, the SAFE Act ensures universal background checks; banned the sale of assault weapons; and required those already in possession of such firearms to register them with the state by April 15. While Second Amendment advocates say it violates personal freedoms, the legislation has been upheld in courts, most recently by state Supreme Court Justice Thomas McNamara in a case brought by Bob Shulz of Queensbury. Shulz — founder and chairman of We the People of New York Inc. — will appeal the decision, the Associated Press reports.

"New Yorkers deserve to live in a state with a strong set of procedures in place to protect them from gun violence," Attorney General Eric Schneiderman said. "The state Supreme Court agreed with my office that the SAFE Act established those necessary safeguards without infringing on the rights of responsible gun owners, and upheld New York's comprehensive law. We will continue to defend and expand our state's efforts to ensure the safety of all New Yorkers by keeping guns out of dangerous hands."

Features banned under the tougher regulations include the ability to accept a detachable magazine, a second handle and folding or telescoping stock, but owners could avoid registration by modifying their weapon. Those who do not comply with the deadline could face misdemeanor charges or lose their weapon. If noncompliance is determined to be unintentional, a 30-day extension can be applied in some cases.

http://www.legislativegazette.com/Articles-Top-Stories-c-2014-04-21-87635.113122-SAFE-Act-opponents-suffer-setback-in-court-ruling.html