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New York SAFE Act

2nd Circuit NY SAFE Act Challenge - NYSRPA v. Cuomo

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May 9, 2014:  This week, the National Shooting Sports Foundation, Inc. (NSSF) and a number of other groups joined the fight against the New York SAFE Act by filing amicus curiae briefs in the pending appeal to the U.S. Court of Appeals for the 2nd Circuit in New York State Rifle and Pistol Association et al. v. Cuomo et al. 

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Briefs Filed in SAFE Act Appeal

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May 8, 2014: Last week, the New York State Rifle and Pistol Association filed its appellate brief in support of its challenge to the New York SAFE Act, which is currently on appeal to the Second Circuit.  New York State's brief is due on July 29th.

Renzulli Law Firm is Monitoring Firearm-Related Legislative Developments

Renzulli Law Firm, nationally recognized as one of the premier law firms in the country serving the Firearms Industry, is monitoring legislative developments affecting the industry and publishing regular updates which are available by e-mail and on this website.  Any questions you may have about these developments should be directed to John F. Renzulli or Christopher Renzulli.

NY SAFE Act Permit Revocation

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April 28, 2014: In New York, the SAFE Act’s mental illness reporting provisions resulted in a recent permit revocation after the permit holder expressed guilt to his therapist over some lewd acts.  Concluding that the permit holder presented a potential danger to himself and others, the therapist reported the matter to the county.  The Supreme Court of New York, Otsego County, subsequently subpoenaed the permit holders medical records.  After finding that the medical records showed a history of anxiety and depression and conducting a hearing, the Court revoked the permit holder’s permit.

NYS Troopers Officially Instructed Not to Enforce 7 Round Limit

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March 31, 2014: On December 31, 2013, Judge William Skretny of the U.S. District Court for the Western District of New York declared the 7 round loading limitation of Penal Law 265.37 unconstitutional.  Nearly three months later, the New York State Police, Office of General Counsel, has revised its field guide to enforcing the New York SAFE Act to officially instruct state troopers not to enforce the loading limitation (meaning that state troopers will permit 10 round magazines to be fully loaded).  The revision appears in yellow highlighted text on page 8 of the revised manual and states that troopers “are instructed not to enforce PL 265.37 at this time”—signaling the state’s hope that its pending appeal of Judge Skretny’s decision to the U.S. Court of Appeals for the Second Circuit is successful.  A copy of the revised field guide is available here.

NY SAFE Act: More clarification; more confusion

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January 3, 2014: The last week has produced both clarification and confusion for New Yorkers interested in complying with the NY SAFE Act.  Tuesday marked the conclusion (at least for the moment) of the most comprehensive legal challenge to the NY SAFE Act. That lawsuit, filed in early 2013 by the New York State Rifle and Pistol Association, asserted that various provisions of the NY SAFE Act violated the Second Amendment, were void for vagueness and also violated the dormant commerce clause as an excessive burden on interstate commerce. Renzulli Law Firm filed an amicus brief on behalf of the NSSF and in support of the New York State Rifle and Pistol Association.  On Tuesday, U.S. District Judge William Skretny, of the U.S. District Court for the Western District of New York, concluded that parts of the statute were unconstitutional. 

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