NY S.A.F.E. Act Law SUITS

S.A.F.E. Act Lawsuits Information

NOTE: The Secure Ammunition Firearms Enforcement Act does nothing to promote or provide safety.  It is a flowery candy wrapper name used to mislead the uninformed and uneducated. If anything it provides a safer work environment for home invaders and other criminals that don't follow gun control laws or obey Gun Free Zone Law.

There are at least 4 different lawsuits with respect to the SAFE Act.

IN addition to the lawsuits SCOPE is preparing a Candidate Report Card and the SAFE Act Voter App

1. New York State Rifle and Pistol Association (NYSRPA) lawsuit. This lawsuit was filed in the United States District Court for the Western District of New York. This is a federal court. An update on the status of this lawsuit can be found at the following link to the NYSRPA website:

http://www.nysrpa.org/index.php?option=com_content&view=article&id=860&Itemid=199

2. Second Amendment Foundation, LONG ISLAND FIREARMS and SCOPE lawsuit. This lawsuit was filed in the United States District Court for the Northern District of New York. This is a federal court. Below is a link to the recent press release from SAF on this lawsuit.  http://www.saf.org/viewpr-new.asp?id=455

 3. We the People of New York lawsuit. This lawsuit was filed in the New York State Supreme Court (Albany County). Robert Schultz is the Plaintiff is this case. Below is a link to the We the People of New York website which contains the status of the lawsuit.

http://wethepeopleofny.org/community/index.php?/topic/120-ny-safe-act-case-docket/

 4. Tresmond Law Firm lawsuit. James Tresmond (Tresmond Law Firm) has actually filed two separate lawsuits on the SAFE Act. The first suit is on behalf of a gun dealer and the second lawsuit is on behalf of two Erie County gun owners. These lawsuits were filed in the New York State Supreme Court. There are 2 links to get information.

http://www.ny2agrassroots.com/ny-safe-act-tresmond-lawsuit-update-august-24-2013/

The second link is also for Tresmond Updates:

http://www.nyfirearms.com/forums/laws-politics/46785-tresmond-lawsuit-information-use-thread.html

 

People v. Wojdan
5. People v. Wojdan, a criminal case where the charge was ten rounds in the magazine in violation of the seven rounds in the magazine limitation which was pending in Lockport City Court. During a traffic stop, the officer removed the magazine and inspected the number of rounds, finding ten, he charged a Safe Act violation.
Update Feb 26, 2014
James Tresmond filed a motion to dismiss supported by a memorandum of law, and at a suppression hearing today following oral argument the court dismissed the case finding that the only reason the officer may remove the magazine is to safe the gun during the encounter with the citizen. Once the magazine has been removed, the gun is rendered safe and there is no basis or authority to search the magazine. The search was illegal and the evidence was therefore suppressed, case dismissed.

This is a trial level decision in a city court, so it does not set precedent outside that court’s jurisdiction. However, it is a powerful decision and will be able to be cited by any other attorney in another similar case as a basis for dismissal.

IN addition to the lawsuits SCOPE is preparing a Candidate Report Card
and the SAFE Act Voter App

 

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