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Since a federal judge struck down the seven-round magazine limit of New York’s SAFE Act, more Sheriffs are speaking out about not enforcing that provision of the law.

Locally, both Livingston County Sheriff Thomas Dougherty and Genesee County Sheriff Gary Maha have both stated that since the ruling Dec. 31, they will not enforce the seven-round magazine limit.

Sheriff Maha says he is sworn to uphold the law, but not the part that was struck down.

“We’re not going to enforce that at all,” Sheriff Maha said. “As far as I’m concerned, that’s no longer an issue. We’ll go back to the regular 10-round magazine limit.”

“Our state Sheriffs Association,” he said, “very closely scrutinized the language in the decision and feels that enforcing the seven-round magazine limit would be illegal.”

The Buffalo-based federal judge upheld the rest of the SAFE Act, saying it did not infringe on Second Amendment rights and that it furthers the state’s interest in public safety. The judge said the seven-round limit, though, was “arbitrary.”

Both the state and gun-rights groups have indicated they plan to appeal.

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# Brian Graz
Wednesday, January 08, 2014 6:49 PM
For some strange reason some Sheriffs like Genesee County's Maha and Livingston County's Dougherty keep citing their "sworn duty" to uphold the laws of NYS, while they completely and repeatedly ignore their "greater Oath" to defend and uphold the Constitution of the United States, which states "the right to own and bear arms shall not be infringed".

But what's even more problematic is these Sheriffs' decision to prefer to follow orders from the tyrants in Albany rather than the wishes of the voters who put them in office. And the simple fact that even the NYS Constitution states the very same guarantee, which they have agreed to violate in conforming with Albany's mandate.

Two important New York State documents:

New York Convention Ratification Document

Declaration of Rights Adopted July 26, 1788

That the people have a right to keep and bear arms; that a well-regulated militia, including the body of the people capable of bearing arms, is the proper, natural, and safe defence of a free state.

New York Civil Rights - Article 2 - § 4

Right to Keep and Bear Arms

A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms cannot be infringed.

We need more strong Sheriffs like Erie County's Tim Howard.

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