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Does New York’s Gun Control Law Go Too Far? NRA Goes To Court

New York Gun Control

The NRA announced Thursday that it has joined a lawsuit challenging New York’s gun control law signed by Governor Andrew Cuomo in January. New York’s new law, known as the SAFE Act, strengthens New York’s ban on assault weapons and limits the number of rounds a magazine can hold.

The lawsuit, filed Thursday in the US District Court for the Western District of New York, asserts that the law violates peoples’ rights granted by the second and 14th amendments. The plaintiffs claim that the language used in the law is unconstitutionally vague.

“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,” the complaint reads.

The announcement comes on the same day that Vice President Joe Biden and New York City Mayor Michael Bloomberg challenged Congress to push for stronger gun control measures.

“There is not one single thing being proposed — not one, not one, not one — that infringes upon anyone’s second amendment constitutional right,” Biden said.

The Vice President argued that the vast majority of Americans agree with the proposals that President Barack Obama and Bloomberg have pushed for.

“Because the vast majority of the American people, the vast majority of gun owners, even close to a majority of NRA members, who only represent four million of the gun owners in America, think what the mayor has been pushing and what the president has proposed is just simple common sense,” Biden said.

New York’s Secure Ammunition and Firearms Enforcement Act was written in response to the shooting that took place at Sandy Hook Elementary School in Newtown, Connecticut The law bans high-capacity magazines; requires dealers, including private dealers, to perform background checks; requires a registry of assault weapons; strengthens New York’s pre-existing assault weapons ban; and implements various other provisions. The law passed the New York State Legislature on January 15 and was signed into law by Cuomo less than an hour later.

Plaintiffs in the case include the New York State Rifle and Pistol Association, the Westchester County Firearms Owners Association, the Sportsmen’s Association for Firearms Education, the New York State Amateur Trapshooting Association, and the Beikirch Ammunition Corp.

New York Gun Control

The New York State Rifle and Pistol Association was established in 1871 and is associated with the National Rifle Association. The organization is both New York’s oldest and largest firearms advocacy organization.

The NRA has argued that placing any limits on gun ownership is a fundamental threat to peoples’ second amendment rights, and New York’s gun control law is arguably the toughest of its kind in the country.

[Images: ShutterStock, ShutterStock]

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4 Responses to “Does New York’s Gun Control Law Go Too Far? NRA Goes To Court”

  1. Mike Peters

    “There is not one single thing being proposed — not one, not one, not one — that infringes upon anyone’s second amendment constitutional right,” Biden said.
    That explains Cuomo rushing to change his Law before it goes to Court –nah , It doesn't "Infringe" on our rights , it just forces us to get rid of any Magazine we own (over 10 rounds) and bans the sale of a list of rifles in NY. Limit 7 rounds in a magazine. If you get caught with a larger magazine , it's a Class D Felony.

    Read this article by By Eddie Devir–>.
    "Under New York’s Orwellian-monikered SAFE Act, having a magazine with a capacity of more than a 10 rounds is now defined as criminal possession of a weapon in the third degree, a “Class D Violent Felony.” So soon, having a 13-round magazine stashed in the back of a drawer or a 10-rounder downloaded to only eight rounds rather than the legal limit of seven and you’re pinched. How does this grave offense against society compare with other crimes in the Empire State? Here’s a sample of similar crimes that will also get you tagged with a class D violent felony wrap…

    Rape in the Second Degree – § 130.30.
    Course of sexual conduct against a child in the second degree – § 130.80.
    Reckless assault of a child – § 120.02.
    Aggravated sexual abuse in the third degree – § 130.66.
    Which means that 13-round mag or a too-full ten-rounder in your possession will be a more serious offense than these simple Class D felonies (a step less serious that the Class D Violent variety):

    A.Promoting an obscene sexual performance by a child – § 263.10.
    B. Promoting a sexual performance by a child – § 263.15.
    C. Reckless endangerment in the first degree – § 120.25.
    D. Vehicular manslaughter in the second degree – § 125.12.
    Or these Class E Violent Felonies (one step below Class D):

    Persistent sexual abuse – § 130.53.
    Aggravated sexual abuse in the fourth degree – § 130.65-a.
    Or these simple Class E no-nos:

    Luring a child – § 120.70.
    Use of a child to commit a controlled substance offense- § 220.28.
    Possessing an obscene sexual performance by a child – § 263.11.
    Possessing a sexual performance by a child – § 263.16.
    So there you have it. Carry one too many rounds (or only seven in a mag that’s — oops! — too capacious) and what you’ve done is considered as bad molesting a child. And it’s worse than vehicular manslaughter — yes, where someone has died. That’s what now passes as common sense gun law in the state of New York."
    http://www.thetruthaboutguns.com/2013/03/daniel-zimmerman/ny-gun-owners-will-be-treated-like-child-molesters-killers/

  2. Mike Peters

    We can't stop the Criminals or Lunatics , Society protects their rights. But now Society feels helpless and needs to show they're "doing something" about these crimes & mass killings –so they attack the only people they can and blame the Law Abiding Gun Owners. The Media has made things worse but , It's easy to get Public support since most don't know anything about Firearms. The vocal Progressives are driven by their fear of Guns and the people who own them. Now they endorse the new Police "Tip-Line" that will turn Neighbor against Neighbor for a $500 reward. Imagine how this Informant line will be abused , how many homes raided and lives disrupted…all because these fanatics demand they have a "Right to Feel Safe"? http://blackpowderbill.blogspot.com/2013/03/letter-to-ny-doj-from-ny-assemblyman.html