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Syracuse.com - DEC: SAFE Act enforcement concerning hunters rests with local district attorneys


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Environmental conservation officers were told before the hunting season began to check with the local district attorney's office first before writing any tickets.

With the local deer hunting season for firearms nearly half over in the Southern Zone, there's been no public reports or news releases concerning a hunter being charged with a SAFE Act-related violation in Central New York.

The state Department of Environmental Conservation press office in Albany today declined to confirm that there's been no tickets issued locally by environmental conservation officers, or comment on the matter after being given two days to research the situation.

Oneida County District Attorney Scott D. McNamara isn't surprised. He noted that "hunters by nature are law-abiding people. Deer hunting is typically not the activity where someone is violating the SAFE Act.

"No one has called me yet that we have a guy with an assault rifle mowing down deer," he added. The season opened Nov. 16 and lasts until Dec. 8.

Read about SAFE Act arrests in other situations.

However, some do hunt with semi-automatic firearms, which the firearms industry calls "modern sporting rifles," with magazines capable of holding multiple rounds. Prior to the passage of the SAFE Act, DEC hunting regulations allowed hunters to have no more than six rounds in a magazine. That restriction remains in effect.

DEC environmental conservation officers across the state were given instructions about enforcing the SAFE Act before heading out for this year's hunting season.

"DEC enforcement officers are police officers who are expected to enforce the laws of New York State. They have not been ordered to check for anything; they are expected to have a knowledge of, and enforce all laws that would apply to a licensed hunter," said Lisa King, a DEC spokeswoman. " Specific charges for people committing felonies, and especially crimes under the SAFE Act, will be considered after discussion with the district attorney in the county in which the infraction occurs."

The reason for checking with the local district's office is a valid one. Why write a ticket or make an arrest if the district attorney is going to ignore it, or not prosecute it?

Earlier this year, the Columbia County district attorney announced he would not prosecute a case involving a violation of the SAFE Act involving an individual charged with having too many rounds in the magazine of his gun. The Orleans District attorney also announced he would not prosecute any SAFE Act violations unless the gun was used in committing a crime.

A survey of five Central New York district attorney offices revealed that everyone is committed to enforcing the laws of the state and the country , and that the SAFE Act is no exception . Interviews were done with district attorneys or their chief assistants in Onondaga, Oswego, Cayuga, Madison and Oneida counties.

However, all said stressed the facts of each case would be looked at closely.None said they had received calls from the DEC seeking their stance on the SAFE Act.

"It is the law of New York State and we intend on upholding the law," said Rick Trunfio, first chief assistant district attorney in Onondaga D.A. William Fitzpatrick's office.

"Like every other violation presented to us by police, the DEC or whoever, we'll look at the facts and the law and make a determination based on the facts and the law."

Some pointed out, though, that a district attorney's duties and powers include discretion, and that prosecuting a case doesn't always mean seeking the maximum penalty, or that even a minimum penalty for that matter.

"Part of the purpose of laws is to educate," said Robert Mascari, chief assistant for William Gabor, Madison County's district attorney. "Our constitutional charge is to prosecute appropriately and to seek the ends of justice.

"New laws can be confusing. Our goal is to punish when a violation has a negative effect on the community," he said.

Jon Budelman, Cayuga County's district attorney, said he understands the governor's intent to address the problems with semi-automatic firearms in a "meaningful fashion. However, the way it was addressed was not in a meaningful fashion."

He said he plans to prosecute SAFE act cases, but added the law is full of loop holes and that enforcing some aspects of it, such as when a large capacity magazine was purchased, will be difficult.

View the full article on The Syracuse Outdoors Blog

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