Police Still Not Exempt From New York Gun Law

Despite repeated assertions to the contrary coming from Governor Cuomo’s office, law enforcement in New York state are still not exempt from ammunition limiting provisions of the SAFE Act, severely hampering their ability to serve and protect the public.

Assemblyman Steve McLaughlan tells the Mental Recession that for months now, the Cuomo administration may have been misleading the public about whether or not law enforcement were exempt.

He writes, “Since the day the bill passed they’ve insisted that police were exempt. They’re not exempt and never have been.  It appears that the National Guard may not have even been exempt.”

Since it was first reported in mid-January that law enforcement were not addressed in the hastily passed gun control legislation – preventing them from carrying extended ammo magazines, or even from bringing guns on school property – the Cuomo administration has insisted the opposite.

In two different reports, Cuomo spokesman Matthew Wing made similar statements regarding law enforcement.

Fox News:  “Police officers possessing ammunition clip with more than seven bullets are not in violation of this law and they never will be, period.”

Politics on the Hudson:  “No police officer possessing ammunition clips with more than 7 bullets is in violation of the law or guilty of any crime, period.”

In a Q & A using information from state legislative staff, Syracuse.com reported that the new law would not hinder law enforcement.

Will anything in the new law limit police officers’ capacities?

No, though that exact language was left out of the original bill. The governor and lawmakers have agreed to codify it in the final law.

And in an article discussing a new website aimed to provide concerned citizens with facts surrounding the SAFE Act, New York State Police Superintendent, Joseph D’Amico, stated that, “police will remain exempt from the weapons ban.”

Assemblyman McLaughlin explained to us that this simply isn’t the case, and that legislators are actually forced to enact changes to the law as part of the state budget.  The proposed exemption would allow police officers to carry more than seven rounds, and to respond to an incident on school grounds without concerns over possibly committing a felony.

That’s why we’re going to pass as part of the budget, an exemption for them (police) to carry more than 7 rds and to make it legal for them to carry on school grounds.

A budgetary amendment to correct a major law enforcement oversight by the governor’s office?  Sounds like something that could have been corrected if the public had three days to review the law.

While the administration has failed to address the law enforcement aspect, leaving them in potential violation of the law and handcuffed when dealing with a school shooting, Cuomo did manage to find time for a special exemption for tv and movie producers who wish to use banned weapons in their violent action movies.

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