NY SAFE Act 7 round magazine limit thrown out, rest of SAFE Act upheld

We just got off the phone with the NY SAFE Act hotline to ask them about this ruling and the Governor’s comments. They stated that the ruling is still a bit fuzzy since it took place in Buffalo. Whether the ruling affects people state-wide is still being debated. Ahh, politics.

The recommendation was to stick with the law as written for now (no more than 7 rounds) until something official is on the record. As far as we’re concerned, a statement from the Governor should be official enough…


A few days ago, a judge in NY upheld the NY Safe Act as constitutional, except for the 7 round magazine limit.

Governor Andrew Cuomo stated in a video that the ruling is now law, meaning that a citizen of NY with a pistol permit may now carry up to 10 rounds in their magazine again unless the ruling is overturned down the road. At least that is our interpretation of his comment.

The federal judge in Buffalo last Tuesday ruled that most of the so-called SAFE Act adopted a year ago is constitutional, rejecting most of the arguments made by gun-rights groups in their lawsuit against the state. The judge, however, said the state’s seven-bullet limit in a magazine is “arbitrary” and shot it down.

Now the sides are planning appeals.

“It’s going to be appealed. I think it was good the law was upheld. But I’m sure there are going to be appeals,” Cuomo, the former state attorney general, told reporters.

Cuomo said he believes the seven-bullet limit would be restored on appeal. The law only allows seven bullets to be loaded in a 10-bullet magazine.

He said the state had a 10-bullet limit before last year’s law, and New York City has a five-bullet limit for some firearms, he said.

“If you’re going to throw out this limit, you are going to have to throw out all the limits,” Cuomo said.

Still, Cuomo indicated that the judge’s ruling on the seven-bullet limit is now the law, unless it overturned. The case may make its way to the U.S. Supreme Court.

Some prosecutors have been unsure what the ruling means for enforcement.

“The law is what a court says it is until it’s appealed and another court says differently,” Cuomo said.

This is a step forward for gun rights advocates state wide, but the fight is far from over. We are prepared for years of courtroom battles over the SAFE Act.

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