ALBANY, N.Y. (CBSNewYork/AP) – The New York affiliate of the National Rifle Association, joined by sportsmen’s groups, firearms businesses and individual gun owners, has filed a lawsuit in federal court seeking an injunction to stop the state’s new gun control law.
The suit claims the law violates New York State residents’ Second Amendment rights.
The New York Secure Ammunition and Firearms Enforcement Act of 2013, or NY SAFE Act, was signed into law by Gov. Andrew Cuomo earlier this year in response to the massacre at Sandy Hook Elementary School in Newtown, Conn. in December. The provisions are among the strictest gun control measures on the books in the U.S.
The suit, filed Thursday in Buffalo, says the statute enacted Jan. 15 infringes on the right of law-abiding citizens to keep “commonly possessed” guns in the home for family defense and other legal purposes.
Following the filing of the lawsuit, the following statement was posted to the New York State Rifle & Pistol Association‘s website:
“The 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,” said NYSRPA President Thomas King. “These decisions apply to all New Yorkers. Attempts to deny our citizens the best and most effective tools available for personal protection cannot be tolerated.”
King said earlier in the day that he is hopeful this will become a landmark case that makes it all the way to the U.S. Supreme Court.
The SAFE Act includes several gun control measures and was the first law passed on a state level in response to the Newtown shooting rampage that left 20 first graders and six educators dead.
It tightens the definition of illegal “assault weapons” to include some popular and formerly legal semi-automatic rifles and requires registration of older guns.
On Wednesday, Cuomo and legislative leaders in state budget talks announced a plan to change the law before the magazine limit provision kicks in.
The gun measure outlaws the purchase of any magazines that carry more than seven bullets, the nation’s most stringent limit. That would have put a severe limit on the sale of guns with industry standard 10-bullet magazines when the provision of the law went onto effect on April 15.
“There is no such thing as a seven-bullet magazine. That doesn’t exist, so you really have no practical option,” Cuomo said on Wednesday. He told reporters that any suggestion this will be a rollback of the law is “wholly without basis.”
Its not their right to take away our rights to defend ourselves or are families. This is a god given right given to men of all nations and of all races. Who do they think they are, that they can take away something that is God given? Our forefathers knew this, and that along with fighting a war to gain independence from the homo King georgie da 3rd ,they knew how crucial the 2nd amendment was. That along with helping future generations to fight tyranny as they did is the other reason. So to anyone politician gun grabber liberal or who or whatever, do not even think you have the right to infringe on what The Lord God Almighty gave man and was also given by our forefathers not only with their wisdom but with the blood of those that fell then, and continue to fall to preserve all rights granted by God and the Constitution. Perhaps some should stand in the middle of a national cemetery in this nation ,and reflect before they dare think of taking away any rights. And like D replied above I don’t care if there are 5 sandy hooks a day false flag or not these rights shall not be taken away or altered. They are given By God and the blood of millions. And to the elected and police who took an oath to uphold these rights and speak of ways to infringe on them you are traitors, should be removed from office, tried and shot.