Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

NRA group files suit here against state gun law - Claims NY-SAFE Act violates 2nd Amendment
The Buffalo news ^ | March 21, 2013 | TOM PRECIOUS

Posted on 03/22/2013 9:57:33 AM PDT by neverdem

ALBANY – In a case that backers vow to take all the way to the U.S. Supreme Court, a major gun-rights group filed suit Thursday in federal court in Buffalo seeking to toss out the state’s new gun-control law on a variety of constitutional grounds.

The lawsuit by the New York State Rifle and Pistol Association, the state affiliate of the National Rifle Association, attacks the NY-SAFE Act on several legal fronts, including claims that it violates interstate commerce protections and the Second Amendment’s right to bear arms.

The legal work for the lawsuit has been two months in the making, and Tom King, the group’s president, said he is confident the case will set a precedent.

“The New York courts are fairly liberal, and they have not been the friendliest to the Second Amendment, but we believe this is going to be a landmark case that is going to be eventually heard by the U.S. Supreme Court, and we hope the law is overturned,” King said in an interview Thursday.

The lawsuit says the gun law, which passed in January, 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.

The law’s ban on assault-style weapons is being challenged on equal protection grounds and on several federal court cases that have said a particular class of firearms cannot be banned, King said. As for the equal protection argument, he said, “If the firearms are so dangerous and the bad guys are using them, why shouldn’t individuals be able to purchase these firearms if they want?”

King said the lawsuit also challenges the ban on sales of ammunition clips containing more than seven bullets. The current law allows up to 10 rounds in a clip.

But Gov. Andrew M. Cuomo said the law is likely to be changed to permit the current 10-round clips to be sold; they were to be banned as of April 15. Cuomo said that while the 10-round clips can be sold, owners will not be able to place more than seven bullets in a magazine unless they are at a gun range or shooting competition.

Assembly Speaker Sheldon Silver, D-Manhattan, said Thursday that gun manufacturers have informed the state they have no intention of making special seven-round magazines to be sold in New York State.

In response to the Cuomo and Silver comments, King said: “It doesn’t do anything yet because it’s not law.”

The NY-SAFE Act was pushed through the Legislature following the Sandy Hook school shootings in Connecticut. Cuomo and gun advocates say such instances of violence call out for stricter laws on gun possession and sales.

The new law enacted stronger prohibitions against assault-style weapons, increased registration requirements, hiked penalties for crimes committed with guns and set up a state ammunition tracking system.

It also requires mental health professionals to report to county officials the names of patients they deem to be a threat to themselves or others. Counties report those names to the state, which will check to see if the patients own guns; the state then can move to confiscate the weapons. Mental health professionals have voiced concern the provision will create a chilling effect and dissuade people who might need professional help from seeking it if they think their weapons will be taken away.

The gun debate has only intensified since the law was passed. Counties across the state have passed nonbinding resolutions condemning the measure or asking for its repeal. The Board of Supervisors in Schoharie County, west of Albany, last week said the county would not spend any money to enforce the law.

Cuomo said Thursday he had not seen the details of the lawsuit.

King could not say why the lawsuit was filed in Buffalo except to say it was done on the advice of lawyers.

Besides the NRA’s New York affiliate, an Albany-based group with 45,000 members founded in 1871, plaintiffs include gun rights and sportsmen’s groups around New York, individual gun owners and gun companies, including Lancaster-based Bedell Custom.

The NRA said it is a part of the suit filed in U.S. District Court. Besides asking the court to declare the law unconstitutional, the plaintiffs seek temporary and permanent injunctions to keep New York from enforcing it.

“The National Rifle Association is committed to defending the Second Amendment rights of law-abiding New Yorkers,” said Chris Cox, executive director of NRA’s Institute of Legislative Action.

Cox said Cuomo and lawmakers “usurped the legislative and democratic process in passing these extreme anti-gun measures with no committee hearings and no public input. This obvious disrespect for New Yorkers and their Second Amendment rights will not be tolerated.”

State Attorney General Eric Schneiderman, whose office will defend the state against the lawsuit, did not comment on the specifics of the litigation.

But he said in a written statement that the NY-SAFE Act is a “comprehensive law that is making New York communities safer, while ensuring constitutional protections to responsible gun owners.” He promised to “aggressively defend” the state against the suit.

The lawsuit states that the action was brought “to vindicate the right of the people of the state of New York to keep and bear arms under the Second Amendment to the United States Constitution.”

The 46-page complaint seeks to overturn the law on a number of fronts, including that the new assault weapon ban has “radically broadened” the definition of such weapons to include “countless” guns that had been considered common before the law was enacted.

The law includes a severability clause, which means if a court were to strike out one provision, all the other provisions would remain on the books.


TOPICS: Constitution/Conservatism; Crime/Corruption; Politics/Elections
KEYWORDS: banglist; guncontrol; nysafe; secondamendment

1 posted on 03/22/2013 9:57:33 AM PDT by neverdem
[ Post Reply | Private Reply | View Replies]

To: neverdem

Well, it does.

Obviously.

let’s see if Chief Traitor John Roberts agrees.


2 posted on 03/22/2013 10:24:43 AM PDT by chris37 (Heartless.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: neverdem

I certainly hope this gets overturned before that Iraq war veteran who got arrested for selling his rifle goes to prison.


3 posted on 03/22/2013 10:27:32 AM PDT by EricT. (The Republican Party is a friend to conservatives the way Pakistan is an ally in the War On Terror.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: neverdem

Lets also hope that they use the same framework for the Connecticut law that’s about to come out.


4 posted on 03/22/2013 10:40:34 AM PDT by ModernDayCato
[ Post Reply | Private Reply | To 1 | View Replies]

To: neverdem
It is illegal for New York State to pass any ex post facto laws.

"The 46-page complaint seeks to overturn the law on a number of fronts, including that the new assault weapon ban has “radically broadened” the definition of such weapons to include “countless” guns that had been considered COMMON BEFORE THE LAW WAS ENACTED."

Section 10 - Powers prohibited of States

No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

5 posted on 03/22/2013 10:47:37 AM PDT by bunkerhill7 ("The Second Amendment has no limits on firepower"-NY State Senator Marchione.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: neverdem

It’s about time.


6 posted on 03/22/2013 10:57:25 AM PDT by Kevmo ("A person's a person, no matter how small" ~Horton Hears a Who)
[ Post Reply | Private Reply | To 1 | View Replies]

To: ModernDayCato

Does the NY law require registration of all firearms like the proposed CT law?


7 posted on 03/22/2013 11:16:37 AM PDT by matt04
[ Post Reply | Private Reply | To 4 | View Replies]

To: neverdem

Most people do not know that Queens County NY was the veritable birthplace of the NRA. The country’s first nationwide shooting contests were held in the Queens section called Creedmor. Though long the site of a state mental hospital, and lately the secure location of the NYPD’s anti terrorist task force, the site’s nimrod history is still seen in the names of boundary streets like Springfield and Winchester Boulevards and Range street and Musket street.


8 posted on 03/22/2013 11:24:58 AM PDT by xkaydet65
[ Post Reply | Private Reply | To 1 | View Replies]

To: chris37
let’s see if Chief Traitor John Roberts agrees.

The only thing government consistently does well is look after the interests of government.

9 posted on 03/22/2013 11:32:18 AM PDT by Standing Wolf
[ Post Reply | Private Reply | To 2 | View Replies]

To: chris37
let’s see if Chief Traitor John Roberts agrees.

I have no respect for this traitor. He caused as much damage to America as the current communists leader King Obama. Obamacare has destroyed a huge piece of America. How could Roberts be so dumb.

10 posted on 03/22/2013 11:42:46 AM PDT by Logical me
[ Post Reply | Private Reply | To 2 | View Replies]

To: neverdem

New York’s SAFE Act is so massively unconstitutional that it would be very easy to present all the problems. You have six or eight patriotic lawyers go through the Constitution line by line, and Amendment by Amendment, and make lists of every violation, and you will find that it is a very long list. The violations of Amendments 2, 4, 5, and 9 are particularly egregious, although there are multiple other violations. The entire “law” should be overturned immediately.


11 posted on 03/22/2013 11:51:47 AM PDT by Pollster1
[ Post Reply | Private Reply | To 1 | View Replies]

To: wardaddy; Joe Brower; Cannoneer No. 4; Criminal Number 18F; Dan from Michigan; Eaker; Jeff Head; ...
The Abolition of Sex The left wants to rule out natural biology!

Family’s Home Raided over Facebook Photo of Child’s Rifle (NJ)

White and Wrong in Philly (Selwyn Duke)

Was Ryan's Budget Really a Losing Issue in 2012? Fascinating numbers!

This polling occurred in something of a perfect demographic storm for Democrats, with African-American voters turning out well above trend, and with fewer whites voting than in 2004. It is unclear whether this can be replicated in the next few cycles; it will certainly be difficult in the upcoming midterms.

--snip--

First, while it is true that a majority of Americans voted against Republicans for the House, it is also true that a majority voted against Democrats for the House. When I tallied the numbers last month, the national popular vote was 49.18 percent for Democrats, 48.03 percent for Republicans, 1.11 percent for Libertarians, 1.03 percent for Independents, and 0.3 percent for Greens, with another 0.4 percent or so divided among 31 minor parties.**

Some noteworthy articles about politics, foreign or military affairs, IMHO, FReepmail me if you want on or off my list.
12 posted on 03/22/2013 12:09:31 PM PDT by neverdem ( Xin loi min oi)
[ Post Reply | Private Reply | To 1 | View Replies]

To: harpseal; TexasCowboy; nunya bidness; AAABEST; Travis McGee; Squantos; wku man; SLB; ...
Click the Gadsden flag for pro-gun resources!
13 posted on 03/22/2013 12:19:16 PM PDT by Joe Brower (The "American People" are no longer capable of self-governance.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: xkaydet65
Conrad Poppenhusen offered the remainder of the farm to the National Rifle Association as a rifle range for the New York State National Guard. When the NRA agreed, they renamed the site Creedmoor, after the Creed family. From the 1870s to the 1890s, Creedmoor hosted the National Rifle Association’s title match. Many nearby streets hold names relating to the association, including Winchester Boulevard as well as Range, Musket, Pistol, and Sabre Streets. In the 1890s, the property was acquired by the State. The range was closed in 1907.

Thanks for the tip. Conrad must be spinning.

14 posted on 03/22/2013 12:32:31 PM PDT by neverdem ( Xin loi min oi)
[ Post Reply | Private Reply | To 8 | View Replies]

To: xkaydet65

A don’t forget the famous 19th Century target gun, the Creedmor rifle.


15 posted on 03/22/2013 12:50:49 PM PDT by Inyo-Mono (NRA)
[ Post Reply | Private Reply | To 8 | View Replies]

To: neverdem
so according to the IDIOTS in Albany you can shoot ten rounds at a piece of PAPER, but NOT THE CRIMINAL INVADING YOUR HOME???

16 posted on 03/22/2013 2:52:53 PM PDT by Chode (Stand UP and Be Counted, or line up and be numbered - *DTOM* -ww- NO Pity for the LAZY)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Chode

What a maroon1


17 posted on 03/22/2013 4:33:02 PM PDT by neverdem ( Xin loi min oi)
[ Post Reply | Private Reply | To 16 | View Replies]

To: neverdem
100%
18 posted on 03/22/2013 4:39:29 PM PDT by Chode (Stand UP and Be Counted, or line up and be numbered - *DTOM* -ww- NO Pity for the LAZY)
[ Post Reply | Private Reply | To 17 | View Replies]

To: bunkerhill7
Since the 2010 US SC Case McDonald incorporated the 2nd under the 14th, thus applying it to the states, New York's law violates the 14th amendment as well as the 2nd.

Amendment XIV

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

19 posted on 03/22/2013 5:53:21 PM PDT by 45Auto (Big holes are (almost) always better.)
[ Post Reply | Private Reply | To 5 | View Replies]

To: neverdem

Thanks for the ping!


20 posted on 03/22/2013 8:15:47 PM PDT by Alamo-Girl
[ Post Reply | Private Reply | To 12 | View Replies]

To: neverdem
"It also requires mental health professionals to report to county officials the names of patients they deem to be a threat to themselves or others."

While I'm as wary of the mental health profession as anybody, this is only going to discourage many who may benefit from it from seeking the help they need.

21 posted on 03/22/2013 8:19:14 PM PDT by Joe 6-pack (Qui me amat, amat et canem meum.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: bunkerhill7

God bless you. I knew that ex post facto clause was in there but couldn’t find it. Hope they win it will have National repercussions. But they will have to face Marxist Kagan, Soda-Jerk the “wise Latina” , and that Judas Roberts


22 posted on 03/23/2013 6:48:19 AM PDT by ZULU (See: http://gatesofvienna.net/)
[ Post Reply | Private Reply | To 5 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson