The Niagara County District Attorney’s Office will no longer prosecute a portion of New York’s SAFE Act deemed unconstitutional in federal court.

The provision makes it illegal to knowingly possess an “ammunition-feeding device” that is loaded with more than seven rounds. Last month, Erie County District Attorney John Flynn made the same decision not to prosecute after becoming aware of the 2015 U.S. Court of Appeals opinion.

The Niagara County DA’s office said State Police initially stopped enforcing the provision but have since resumed.

“It was my understanding that the Niagara County Sheriff’s office and out other local law enforcement agencies had not been charging that provision since it was declared unconstitutional,” DA Caroline Wojtaszek said. “It is important that everyone in my county handle this matter uniformly. I find the federal court’s decision on this both useful and persuasive. I join my Erie County counterpart not to prosecute this ammunition provision. Any pending charges under this section will be dismissed.”

Wojtaszek said she spoke with local law enforcement and Flynn before coming to her conclusion.