A couple of years ago, New York Democrats rammed-through the ironically-named NY SAFE Act – an ill-conceived, hastily-written law designed to pander to the Dem’s anti-gun ideological base. SAFE Act enforcement has been spotty at best. County sheriffs simply refuse to act. Hundreds of thousands of AR-owning Empire Staters have ignored its provisions. Most recently, Gov. Cuomo “postponed” the Act’s ammunition purchase registration mandate. The New York Times reports that last bit has caused a few NY State Senate Democrats to howl that the constitution is being violated . . .

“On first read, this appears blatantly unconstitutional,” said Senator Michael N. Gianaris of Queens [above], the deputy minority leader. “The notion that one house of the Legislature will have greater powers than another, and the governor, with one house only, can agree to change state law, turns our democracy on its head.” He continued: “Republicans got what they wanted because they were able to hold up a piece of paper and claim they rolled back a key part of the SAFE Act,” Gianaris said.

Bless his heart. How precious that, to Mr. Gianaris, passing a bill that violates the constitutionally-protected civil rights of New Yorkers in the heat of the moment, without debate or transparency, one that caused supporters to later confess that the whole thing was a mistake, isn’t a concern at all. But if someone dares usurp the privileges of the NY Senate, and those nasty Republicans get to crow about it, why, he’ll charge heedlessly into the media kleig lights, protesting the unconstitutionality and unfairness of it all.

At least we know what your priorities are, Senator. And that you haven’t been paying much attention to national politics for the last six years.

DISCLAIMER: The above is an opinion piece; it is not legal advice, nor does it create an attorney-client relationship in any sense. If you need legal advice in any matter, you are strongly urged to hire and consult your own counsel. This post is entirely my own, and does not represent the positions, opinions, or strategies of my firm or clients.

37 Responses to NY Sen. Gianaris: Postponing Unconstitutional SAFE Act Ammo Mandate is Unconstitutional

  1. The only option for people like myself that live in this hellhole state is to move. Money and job skill issues is all that keep me behind the iron curtain. I think free states should have a special program to relocate non-democrat gun owners to freedom. That or I need a go fund me scam. I hate this place.

    • Be honest about it and you may get more than you’d think.
      “I’m a gun owner living in New Yorkistan and want to leave this hole, but do not have the funds needed to do so. Any little bit will help and will be used to help me leave this place for good.”

    • I honestly feel bad for the lawful firearm folks of NY. I just received a 1000 rnd. box for my AK this morning. This led to a discussion with the FedEx driver about where she might get the best deal on .22 ammo as she and her kids really like “plinking.” I told her to take my receipt with her and look there. As I sat on the couch loading rounds in magazines for the old MAK-90, it crossed my mind these sales are not possible in States like NY under the SAFE Act. How with the 2A this is legal I am lost. Maybe NY, like CA, is not really State? I can only imagine the underground market must be huge, just like alcohol under Prohibition.

      • The online sales aspect really burns me. As for the 10rd magazine limit…I forget about it A LOT because I see so many 30rd magazines, like 30rd P-mags. You see people with them and they throw in a 10rd mag when the man shows up but most PD’s and Sheriff’s Office’s (like almost all Sheriff’s offices!) refuse to enforce the SAFE Act or even the old 10rd mag limit…when all the LEO’s are pro-gun and they are range buddy’s I think even the most rediculous LEO’s see how unconstitutional it is that he can have non-duty use 30rd mags or even 30rd duty use mags at the range doing nothing productive yet law abdiding Joe Smith who pays his taxes can only load X amount of rounds in his 10rd mag. I know of no one who registered their AR’s and AK’s, literally no one and no body really modified rifles except for new purchases that come modified. Upstate NY is very pro-gun, and in a unique way because to be pro-gun owning American around here you need to know the laws, what to avoid doing and you generally are always working to make people aware of how horrible the laws are while participating in pro-gun events and being members of the NRA and NYSRA. We have a very very very high number of NRA members here.

        • D E N I A L

          The real problem ain’t the 10 rd mags or the online sales. It’s your blue state evil house of (D) bs neighbors needing jobs (your gov’t). Both they, and you, are content to pretend like their brand of bs is some new beat, but it ain’t.

          Human Nature and Physics have not changed since they were invented and History has played all this out too many times to claim ignorance of it.

          . . . A N D

          . . . It’s 3 if by way of Kenya.

  2. He is right, but not on the way he thinks. The NY Safe Act is unconstitutional and the way it was passed is unconstitutional.

      • And you’ll notice that there has never been a court challenge, successful or unsuccessful, to any “assault weapon” ban (pistol grips, bayonet lugs, folding stocks, muzzle brakes, etc.). Not the Federal AWB nor any of the state codified bans.

  3. Selective enforcement cuts both ways. Murder of innocent in San Francisco by one illegal alien and thousands failure to comply with SAFE act.

  4. Please force the implementation of the ammo reporting requirements. It will bankrupt the government and make the citizens see how futile gun control laws are when it fails to curb violent crime.

    • The pigs live at the big house.

      the pigs alone will make all of the decisions—for the good of every animal. – George Orwell

    • Report ammo purchases by 1 round at a time and overload the system! I have heard shop owners suggest this.

  5. Yep – that is how NY rolls.

    “Gun owners are required to report the theft of guns to the police,” Barrett said. “If an assault weapon that has been registered ends up in the wrong hands and is used in a crime, the police will know who is legally responsible – the gun owner.”

    Offsetting responsibility to perceived “enablers.” Is it the criminals fault for pulling the trigger on an innocent? No way – they are a victim of the system – it is the gun owners fault who didn’t secure their guns “enough” against theft. It is also the gun owners responsibility to ensure the buyer of their firearm will never hurt an individual in the future – or sell that firearm to someone who will.

    Because as always, the best way to solve a problem by people who don’t follow the law is to come down on those who do – Dennis D.

  6. Little senator Mikey is going to be really upset when he finds out his pet legislation mandating the replacement of all LEOs, in New York state, with unicorns can not be implemented because of “technical” problems.

  7. NY is a very small state and if you pack another trillion illegal aliens within its borders it will not represent another square inch of America.

    NY better keep is foul ignorance from spilling over its borders.

    Its problems are not US nor OURS.

  8. “…that last bit has caused a few NY State Senate Democrats to howl that the constitution is being violated.”

    Oh, *NOW* they care about the Constitution?!? Feh. What a bunch of hypocrite whiny self-righteous idiots.

  9. Live in VT. Great free State for 2A. Moving South. Any suggestions on how to run lots of assets thru NY?

    • Unloaded and under lock and key, and including any ammo (especially if you are going through NJ), no consent to any searches. Make them get a warrant.

      • This, plus avoiding New Jersey altogether. Gas up and use the head before you cross the NY border. Don’t stop for anything – not to eat, not to get gas, not to use the bathroom, NOTHING. Go by the shortest route reasonably possible to Eastern Pennsylvania. While you’re at it you might want to avoid Maryland, or at the least go across its skinny neck near Cumberland. Again, gas up and don’t stop till you reach the safety of West Virginia. From there on, you’ve reached the Promised Land. Funny (sad, really) how much like the Underground Railroad things are now, only in reverse.

        Tom

  10. Democrats don’t care about the Constitution or what is Constitutional unless it is to their advantage or it might help their agenda. Other the Constitution just gets in their way. It’s an impediment to them.

    Bodrie

  11. Well Joe ,the number of gun owners in NYS is larger than the number in many Western and and Southern states combined .

    So you want us to stay out of the national gun debate ? You know now since our problems are not yours and all.

    I’m guessing California and the rest of the states you dont like should sit out should too ?

    Good luck .

    • As I have said before. People in gun friendly states better be vigilant. The 2A can easily be circumvented. All that needs to be done is ban or make it very expensive (tax) or very difficult to obtain (Safe Act) ammo. You can “bear arms” all you want just no ammo.

  12. People in NY state just need to contact their local enforcement agency to ask what the SAFE act really means…

    • I did, Sheriff Howard said it means more law abiding citizens are going to go to jail while real criminals will continue to walk the street (and hold positions in office as well).

  13. They’re complaining about the Republicans’ complaints about the (so-called) SAFE Act?

    I thought that was half the reason they passed it.

  14. I honestly want to see them have to try and implement this ammo check. First… I don’t think they can. Second, if they DO manage to do so, all the “plastic guns are evil” hunters who are in NY would have to pause and think about why they didn’t make it out to the polls against Cuomo and the Safe Act crew this last cycle.

  15. An ammo mandate itself is unconstitutional because it’s not listed in the Constitution.

    The word “unconstitutional” gets abused and misused far too often.

  16. I’m totally fine with how they’re treating the SAFE act. It’s pretty amusing right now. They passed an unworkable law, which is largely ignored. The ammo database is totally unworkable as bullets don’t have serial numbers. So the Gov decides to pass off some half assed attempt to prop up his new hand puppet Senate Leader as a gift to gun owners by defunding something they couldn’t make work anyway and now he’s getting smacked around by both sides.
    The kicker is the no online ammo doesn’t include components. So if you’re industrious enough to roll your own, you can buy from your favorite online supplier until your credit card melts.

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