Judge upholds NY SAFE Act

A federal judge has upheld most of New York’s new gun control law, rejecting arguments that its bans on large-capacity magazines and the sale of some semi-automatic rifles violate Second Amendment rights.

Judge William Skretny in Buffalo says those provisions are constitutional because they’re related to achieving an “important governmental interest” in public safety. He says those two features make guns more lethal.

Skretny struck down the restriction on gun owners loading more than seven bullets in a legal 10-round magazine, saying that appears to be “an arbitrary number.”

Tellingly, the “legal 10-round magazine” Skretny finds acceptable is also utterly arbitrary, and far below the standard capacity of many handguns (where 13-17 rounds is common) and rifles (where 20-30 rounds are often standard). This betrays the utter capriciousness of New York’s gun laws.

Skretny also fails to explain how outlawing firearms that make up less than 4% of all gun crimes constitute an “important government interest,” unless he is conceding the point that the very guns that the New York government is trying to outlaw are those most useful in the hands of citizens opposing tyranny.

Expect this to be appealed all the way to the U.S. Supreme Court.