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.”