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March 24th, 2013

Lawsuit Filed in Federal Court to Over-Turn New York’s SAFE Act

New York State Rifle Pistol Assn. logoLed 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.”

READ More about Schultz Lawsuit in N.Y. State Court.

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September 9th, 2012

NRA ILA Interviews Presidential Candidate Mitt Romney

2012 Vote ElectionChris Cox, Exec. Director of the NRA Institute for Legislative Action (NRA-ILA), recently interviewed Gov. Mitt Romney, GOP Presidential candidate. Cox posed a number of questions relating to the Second Amendment and firearms regulations. We recommend that you visit NRAILA.org and read the Full Interview with Gov. Romney.

Here are sample Q&As from the NRA-ILA interview:

Chris Cox: First, let me start with the most basic question of all. In the 2008 case District of Columbia v. Heller, and in the 2010 case McDonald v. City of Chicago, the U.S. Supreme Court—by a 5-4 majority—held that the Second Amendment guarantees the fundamental, individual right of all law-abiding Americans to keep and bear arms. Do you agree that the Second Amendment protects a fundamental, individual right to own and use firearms for all lawful purposes?

Gov. Mitt Romney: Absolutely, and I was pleased when the Court finally rendered a clear and concise decision on this critical issue. The Second Amendment is essential to our free society. I strongly support the right of all law-abiding Americans to exercise their constitutionally protected right to own firearms and to use them for lawful purposes, including self-defense; the protection of family and property; hunting and recreational shooting.

Chris Cox: Obviously, America’s 100 million gun owners are very concerned that their Second Amendment rights hang in the balance at the U.S. Supreme Court by just one vote. President Obama’s two nominees to the Court so far—Justices Sotomayor and Kagan—have a history of anti-gun opinions and activism. And some have predicted that if Barack Obama is re-elected, he may have the opportunity to nominate several more justices to the Court. As president, if you had the opportunity, what type of individuals would you nominate to the Supreme Court? And which of the justices currently serving on the Court would you consider to be the best models of your judicial philosophy?

Gov. Romney: Chris, I believe the next president could indeed have the opportunity to shape the Court for decades to come, and that’s a key reason why the tens of millions of Americans who support the NRA should support my candidacy. My view of the Constitution is straightforward: Its words have meaning. The founders adopted a written constitution for a reason. They intended to limit the powers of government. The job of a judge is to enforce the Constitution’s restraints on government and, where the Constitution does not speak, to leave the governance of the nation to its elected representatives[.]

CLICK HERE to Read Full Interview with Gov. Mitt Romney.

The 2012 Presidential race is shaping up as a close contest. With two months left before election day, many key “swing states” remain “too close to call”. Accordingly, experts believe that this election could go either way, meaning both Presidential candidates have a real chance to win in October. Some polls show President Obama maintaining a slight lead in the popular vote, while other forecasters predict Gov. Mitt Romney will secure enough Electoral College votes to win. In a tight election like this, your vote DOES matter. That’s why, no matter what your party affiliation, we encourage you to register and vote in the upcoming election.

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