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Chautauqua DA affirms he won't prosecute under '7 rounds' SAFE Act provision

Chautauqua County District Attorney Patrick Swanson issued a statement Friday affirming that his office won't prosecute anyone for violating the seven-round ammunition limitation that was imposed on gun owners under the 2013 New York State SAFE Act.

Swanson said he was prompted to make the statement after Erie County District Attorney John J. Flynn and Niagara County District Attorney Caroline Wojtaszek announced they would no longer prosecute a provision of the law that made it illegal for individuals to load more than seven rounds of ammunition into a magazine capable of holding 10 rounds.

"I want to be clear that my office has not prosecuted under that section since I have had the role of District Attorney," Swanson said.

He noted that in 2013, the U.S. District Court in Buffalo indicated that the provision was unconstitutional, and the 2nd Circuit of the U.S. Court of Appeals upheld the decision.

"Since becoming the Acting District Attorney in 2016, I have not prosecuted under the section (of the SAFE Act) deemed unconstitutional," Swanson said.

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