Thursday, March 21, 2013

Lawsuit challenges state gun control laws

Posted By on Thu, Mar 21, 2013 at 4:21 PM

An NRA-backed lawsuit against New York officials seeks to gut much of the SAFE Act, a package of gun control laws enacted earlier this year. Specifically, the lawsuit asks a judge to invalidate the assault weapons ban and the ban on high-capacity magazines.

The lawsuit was filed on behalf of several plaintiffs, including Beikirch Ammunition Corporation — an East Rochester gun shop — and state Assembly member Bill Nojay, who filings say owns "AR-type firearms." The law includes a provision banning assault weapons, which it defines as semi-automatic pistols and rifles that take detachable magazines and have one military style feature, like a flash suppressor or pistol grip. AR-15 style rifles fall under the ban, though the law allows current owners keep their firearms if they get a permit.

The lawsuit was filed in the United States District Court for the Western District of New York and challenges provisions of the SAFE Act on constitutional grounds. The first sentence of the filing explains:

"This is an action 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, which prohibits infringement of the right of law-abiding citizens to keep commonly-possessed firearms in the home for defense of self and family and for other lawful purposes."

SAFE Act complaint

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