Lawsuit Filed in Federal Court to Over-Turn New York’s SAFE Act
Led by the New York State Rifle and Pistol Association (NYSRPA) and the NRA, a group of gun organizations filed suit on March 21, 2013, seeking to overturn the recently-passed New York SAFE Act. The pro-Second Amendment coalition filed suit in Federal court in Buffalo seeking to toss out New York’s new gun control law on a variety of constitutional grounds.
Specifically, the complaint states that the SAFE Act violates the Second Amendment as well the Commerce Clause of the U.S. Constitution. The Buffalo News explains: “The lawsuit says the gun law… violates the U.S. Constitution’s commerce clause, which empowers the federal government to regulate interstate commerce, because the law restricts interstate commerce by requiring private gun owners to go through dealers if they want to sell guns to a private party in another state.” Read Full Article from BuffaloNews.com.
NYSRPA President Thomas King says the SAFE Act infringes New Yorkers’ Second Amendment rights: “The U.S. Supreme Court affirmed an individual right to keep and bear arms in the landmark 2008 case of Heller v. District of Columbia and incorporated that decision to the states in the 2010 case of McDonald v. Chicago. These decisions apply to all New Yorkers”. Chris Cox, Executive Director of the NRA’s Institute for Legislative Action, added: “Governor Andrew Cuomo and the New York State Legislature usurped the legislative and democratic process in passing these extreme anti-gun measures with no committee hearings and no public input“.
Along with the New York State Rifle and Pistol Association, other plaintiffs in this action are the NRA, the Westchester County Firearms Owners Association, Sportsmen’s Association for Firearms Education, New York State Amateur Trapshooting Association, Bedell Custom, Beikirch Ammunition Corporation, Blueline Tactical & Police Supply, and three individual citizens.
Injunction Against SAFE Act Denied in State Action
In another related lawsuit, on March 12, N.Y. State Supreme Court Justice Thomas McNamara refused to enjoin implementation of the SAFE Act. That ruling applied to a lawsuit brought by Robert Schultz and hundreds of other private citizen plaintiffs. A motion had been filed asking the court to temporarily halt the SAFE Act on the grounds that the legislation had been rushed through, without proper consideration or the opportunity for citizen input. The judge denied the motion, holding that the Legislature was authorized by “messages of necessity” to enact the SAFE Act on a “fast track” schedule. Schultz stated that his group would appeal the ruling to the N.Y. State Court of Appeals: “We’re saying the language of the Message of Necessity has to match up with the legislation.”
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Tags: Constitution, Cuomo, DC v Heller, Gun Control, New York, NRA-ILA, NRSRPA, Safe Act, Second Amendment
As a NY resident and President of the only 1000 yard public range in the Northeast ive made this fight a full time job. I believe we have a strong case for repeal. We had over 10,000 shooters at the capital protest and we will do it again and again and again. We will not stop, we will not tire until this law is overturned!!
I believe on way to put pressure on our legislative leaders is thru the almighty dollar, sportsman dollar that is.
Take a season off for the betterment of all in support of the 2nd. Don’t spend any outdoor recreation dollars in NYS this year. No fishing/hunting license purchases, no camping at NYS parks. Spend as little in NYS as possible. Take your dollars to more gun friendly areas.
Remember the list is out of those who voted to enact the SAFE act and November is not far off.
Let the 53 counties who officially opposed the SAFE act be heard from at the poles this November….