New York lawmakers passed the country’s most stringent gun control law when the Secure Ammunition and Firearms Enforcement (SAFE) act passed on January 15. It was a bold move by Governor Andrew Cuomo, who waived a mandatory aging period for the bill so it could go directly to the state assembly for a vote. However, gun rights groups won’t let the law stand without a fight.

According to USA Today, the New York Rifle and Pistol Association filed a notice of claim this Tuesday against the state, saying that the SAFE act violates fundamental constitutional rights. Among the plaintiffs are the Westchester County Firearm Owner’s Association and AR15.com, a well known gun owners’ forum based out of Farmington.

New York law enforcement officials have also spoken out against the law for feasibility reasons. Some police officials say they are not keen on harassing law-abiding citizens who just happen to own firearms. When notified of the claim, Governor Cuomo stated that he expected legal responses to the SAFE act and that he is confident it will stand on its own. Cuomo thanked lawmakers for their decision in a letter sent Monday that read, “your vote for passage of the NY SAFE was politically courageous and governmentally responsible.” New York is the first state to pass new gun-control legislation after the shooting in Newtown that claimed 26 lives.

Attorney James Tresmond will be representing the plaintiffs in the state Supreme Court in Erie County.

Some of the provisions in the SAFE act include:

  • A redefinition of an “assault weapon” as having one “military” feature, such as a folding stock, pistol grip or bayonet mount. Current owners of weapons that fall under this category will have to register them with the authorities. Unsafe storage of these weapons is now criminal.
  • A ban on internet sales of “assault weapons.”
  • Magazine capacity is limited to seven bullets. Existing magazines can be modified or sold out of state.
  • Therapists are required to report patients who express a desire to use guns illegally.
  • Laws protecting the privacy of gun permit holders under the Freedom of Information Act.
  • Registration of ammunition purchases.

Image from Chuck Coker (“Caveman Chuck” Coker) on the flickr Creative Commons

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34 thoughts on “New York Gun Law Challenged in Court

  1. None of these laws affect criminals and/or anyone that really wants to get their hands on a weapon. This only affect law abiding citizens, bloats the regulations further, and is really pissing people off.

    1. Obviously almost ALL gun laws only effect the law abiding citizens, who follow them. Criminals do not register their guns or pass background checks. we wonder how many law makers in New York, could pass a background check?

  2. None of these laws affect criminals and/or anyone that really wants to get their hands on a weapon. This only affect law abiding citizens, bloats the regulations further, and is really pissing people off.

      1. Make them pay at the ballot. Gun owners have looong memories. That will stop this nonsense like nothing else.

  3. Even VP Biden and Senator Durbin of Illinois (read Chicago) have admitted openly that these and any other such laws will have little or no impact on reducing violent crime.

    When it comes down to their true intentions, this is registration and confiscation. Period.

    Write your Fed reps folks before the same thing happens nationally.

    Also… The NRA and a few select others are defending your rights.

    The other STATED PURPOSE of these law suits is to bankrupt the NRA before the 2014 mid term elections.

    If the NRA has to spend millions in court defending our rights, they will not have money to donate to pro second amendment candidates.

    So the next time the NRA sends you a request for $10… think twice before throwing it away.

    1. Mayor Booker (a Dem) of Newark stated on HBO’s ‘Real Time’ last Friday that in the entire time he has been mayor that out of the hundreds of shootings, only one was by a person who had a legal gun. He said he wasn’t afraid of legal gun owners, only those that had acquired theirs illegally.

      Since the aim of those following Obama’s ideology (see Saul Alinsky’s ‘Rules for Radicals’ which he studied) only want CONTROL of this country in all aspects, logic, statistics and facts do not enter into the argument. Any lie big enough, told often enough, will convince the ill-informed citizens to go along. Their lies get bigger all the time – after all, Jesse Jackson has said that an AR-15 will shoot down a plane and blow up a railroad!

    2. Good point about the NRA, the government has unlimited funds (read tax the taxpayer even more) while private organizations set up to defend the defenseless have t o scrape together their fnding all the time.

  4. one of the consequences of “yes, we can”…they will chip away at this untill they get their way, and yes they are pissing people off!

  5. While many in LE object to the harassing of people over these laws, what did we see this past week , but a vet arrested for possession of 5 AR 30 round mags. I am far from convinced that those in LE who also take an oath to uphold the Constitution & the Bill of Rights will do just that.

    1. Yup. I too am a vet. Been out for a bunch of years. I don’t even own an AR. I am sure that there are at least a couple 30 round magazines that I bought for about $2.65 in an ammo puch in a box buried deep in the recesses of my garage. Glad I am not in NY State.

      1. All bad anti gun laws effect everybody, no matter where they live. Gun rights protect THE ENTIRE Bill of Rights

  6. Correction, Mr. Cuomo.. it was politically COWARDLY to support it.
    The suck-up schmopes that turned their back on their Constitutional obligations did so to lick your boots in hopes of return favors if you could win your bid for the presidency. Heck, with the increasingly low quality of candidates in the past 10 or so elections, you are a shoe-in!

    Here’s to cowards.

  7. Gun control controls people, not guns.

    “The most foolish mistake we could possibly make would be to allow the subject races to possess arms. History shows that all conquerors who have allowed their subject races to carry arms have prepared their own downfall by so doing. Indeed, I would go so far as to say that the supply of arms to the underdogs is a sine qua non for the overthrow of any sovereignty. So let’s not have any native militia or native police.”
    – Adolf Hitler 1933

    “A Nation can survive its fools and even the ambitious, but it can not survive TREASON FROM WITHIN… An enemy at the gates is less formidable for he is known and he carries his banners openly, but the traitor moves among those within the gate freely. His sly whispers rustling thru all the galleries, heard in every hall of government itself. For the traitor appears, not as a traitor, he speaks in the accents familiar to his victims and he wears their face and their garments. He appeals to the BASENESS that lies in the heart of all men. He rots the soul of a Nation. He works secretly and unknown in the night, to undermine the pillars of the city. He INFECTS THE BODY POLITIC, so that it can no longer resist. A murderer is less to be feared. ”
    – Cicero 42 B.C.

    As Sandy Dellicker said: “UN Agenda 21/Sustainable Development is the action plan to inventory and control all land, all water, all minerals, all plants, all animals, all construction, all means of production, all information, all energy, and all human beings in the world.” Control means TOTAL control. That’s what’s really behind the supposed “global warming” scare as well as the “sustainability” in our local communities. It’s just a tactic to get people to give more control over to the government. Government will never be satisfied until it has TOTAL control to do whatever it wishes without opposition.

    “The time is now near at hand which must determine whether Americans are to be freemen or slaves; whether they are to have any property they can call their own; whether their houses and farms are to be pillaged and destroyed,and themselves consigned to a state of wretchedness from which no human efforts will deliver them. The fate of unborn millions will now depend,under God,on the courage and conduct of this army. Our cruel and unrelenting enemy leaves us only the choice of brave resistance,or the most abject submission. We have, therefore,to resolve to conquer or die” General George Washington –1776.

    1. The Supreme Court has already confirmed that citizens have an individual right to keep and bear arms. It also ruled in the Miller 2nd Amendment case that the arms are of the type in common use at the time that will promote the efficiency of a well regulated militia. That seems to support the most popular rifle in America, the AR15 and the standard magazine which is 20 rounds and 30 rounds. The 7000 M4 style rifles recently purchased by the DHS are fully automatic select fire and come with 30 round magazines. If the Second Amendment is to provide citizens the means to defend against a tyrannical government then We citizens should be armed with weapons equivalent to the potentially tyrannical government

  8. I want the new AR15 Pier Morgan talks about that will fire 800 rounds per minute. I have been around weapons all my life. I was born and raised on a farm, spent 30 years in the military and I have never seen a weapon that will fire 800 rounds per minute as an individual carry weapon. It is so sad that some people will believe that Jackal.

    1. Actually the Cyclic Rate of Fire is that fast – but if one had an 800 round magazine then the rifle would most likely melt down before you finished shooting that many that fast.

      The only things that can actually deliver that many rounds that fast are mini-guns; vulcans; phalanx and similar weapons – but that stat does make good fodder for the uniformed

      http://en.wikipedia.org/wiki/M16_rifle

  9. I’ve been a long time NRA member off and on for most of my 73 years. I don’t have an AR15, or any large capacity magazines because I just never saw any need to waste that much ammo. But what I forsee happening, is the not-to-distant banning of the guns I DO have. My status will change from law abiding, to criminal and/or domestic right wing extremist, God and Constitution loving governmental nightmare. Comforting thought: There will be a vast army of us, dedicated to maintaining our 2nd ammendment rights.

  10. The part of this “law” requiring Health care Providers “report” violates the “Federal Privacy” Laws regarding medical records. This alone would get the “Law” thrown out.
    The “Feds” would have to amend this laws to “allow” restricted disclosure – meaning multiple “doctors” say three with the same diagnosis concur; then a entry is made in a database currently used for “instant” background checks..

    From what I know these “monsters” that did these evil acts had “mental” issues their whole life; yet no one in their “Family” did anything. In some instances they the “Family” actually facilitated access to fire arms for these “mental” people.. These “family” are the ones who should be responsible. In fact on the “Federal” 4473 form used to purchase ALL FIREARMS is questions and any of them answered in the “Yes” disqualify the “buyer”; includes a question regarding mental treatment or adjudged mental..
    Another could be a requirement that any “buyer” of a “Fire Arm” is required to “own” it – physically in their possession for at least three years.. Maybe this MIGH curtaile “strawman” transactions. Yet these do occure and where it can be stopped it at the “Gun Store”.. This is actually where allot of “Strawman” transacts have and are stopped. The “Store” is also required to report these incidents to the BATFE..

    I am not on any side; just looking at what is going on…

  11. If your home is invaded, go to your safe, open it, take out your “safely” stored gun, find the key to the trigger lock where you have “safely” stored it, remove the trigger lock. Go to another room where you have “safely” stored your ammunition. Open that safe, remove the ammunition from the safe, load your weapon, and go to the room in which your family was hiding. Assuming, of course, the home invaders haven’t already found, molested and killed them. Then inventory everything the criminals took while you were getting your weapon and loading it. This does, of course, assume the criminal doesn’t interrupt the process, catching you unarmed and killing you.

  12. The Second Amendment to the United States Constitution
    is NOT about the right of hunters to hunt deer.
    ———————
    The Second Amendment to the United States Constitution
    is the part of the United States Bill of Rights that
    protects the right of the people to keep and bear arms.
    As ratified by the States:
    A well regulated militia being necessary to the security
    of a free state, the right of the people to keep and
    bear arms shall not be infringed.
    The framers of the United States Constitution knew
    that if we ever lost the First Amendment that we
    would need the Second Amendment to get it back.

  13. The New York new Gun Laws have made law abiding citizens
    into criminals. The New York new Gun Laws are unconstitutional.
    The New York politicians who voted for these
    Gun Laws are traitors to America.

  14. GO New York!!! Get this unconstitutional Bill off the books. And then follow it up with impeaching the Governor for encroaching on God-given Natural Freedoms and show the rest of the politically body you are not going to stand for this non-solution-problem-provoking BS anymore.

  15. Citizens of the (Police) State of NY better get those checkpoints set up on all roads leading into NY- how else can the Governor make you safe ? Won’y NY staters be terrified until that is done. I mean, the shear fear of having to live in that state up until now. How did New Yorkers ever make it this far ??

  16. These new laws all fall under Arbitrary and Capricious means doing something according to one’s will or caprice and therefore conveying a notion of a tendency to abuse the possession of power.

    In U.S this is one of the basic standards for review of appeals. Under the “arbitrary and capricious” standard, the finding of a lower court will not be disturbed unless it has no reasonable basis. When a judge makes a decision without reasonable grounds or adequate consideration of the circumstances, it is said to be arbitrary and capricious and can be invalidated by an appellate court on that ground. In other words there should be absence of a rational connection between the facts found and the choice made. There should be a clear error of judgment; an action not based upon consideration of relevant factors and so is arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law or if it was taken without observance of procedure required by law. There is, however, no set standard for what constitutes an arbitrary and capricious decision.

    Is not arbitrary or capricious. A rule is arbitrary if it is not supported by logic or the necessary facts; a rule is capricious if it is adopted without thought or reason or is irrational;

  17. These new so called gun laws fall under Arbitrary and Capricious means doing something according to one’s will or caprice and therefore conveying a notion of a tendency to abuse the possession of power.

    In U.S this is one of the basic standards for review of appeals. Under the “arbitrary and capricious” standard, the finding of a lower court will not be disturbed unless it has no reasonable basis. When a judge makes a decision without reasonable grounds or adequate consideration of the circumstances, it is said to be arbitrary and capricious and can be invalidated by an appellate court on that ground. In other words there should be absence of a rational connection between the facts found and the choice made. There should be a clear error of judgment; an action not based upon consideration of relevant factors and so is arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law or if it was taken without observance of procedure required by law. There is, however, no set standard for what constitutes an arbitrary and capricious decision.

    Is not arbitrary or capricious. A rule is arbitrary if it is not supported by logic or the necessary facts; a rule is capricious if it is adopted without thought or reason or is irrational;

  18. 1. More than 26 lives were saved by responsible gun owners during the 2 weeks following the Newtown shootings. 2. This law violates Doctor / Patient confidentiality. 3. Do they really think this new law is going to curb gun violence? The Boys in the hood will still get their AR-15’s. They’ll just buy them out of state and smuggle them back in. If a criminal had the cash, he could buy a 30 or 50 caliber machine gun unknown to LEOs. You want to curb gun violence, mandate that every head of household own a gun, except for those physically or mentally impaired or to poor to buy one as did Kennesaw, GA. They have had 4 murders since the law went into affect in ’82, 3 by the same man, a nonresident.

  19. NO where is the State given, or grated the Authority to regulate arms. The Govenor and the State Reps who introduced this law and voted affirmatively for it have Violated their oath of office, but more importantly, violated the Constitution of the United States and committed an act of treason. Each of these people need to be striped of their rights, and imprisoned for life. The state of NY is rogue and its state agents and agencies are domestic enemies of the people. Arms mfg need to cut off all support, and supply of arms to the rouge state, and people need to surround and apprehend any and all government officials, for their crimes against the people. We have the right and duty to bring them to justice. Rights are absolute positive liberties that literal say the Government is slave to the people.

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