By Joseph Ax
NEW YORK (Reuters) - The National Rifle Association's affiliate in New York filed a lawsuit on Thursday challenging the state's new gun control measures, passed in the wake of the Sandy Hook Elementary School massacre in Newtown, Connecticut.
The state Rifle & Pistol Association charged that New York's laws banning assault weapons and limiting the size of ammunition magazines violate the Second Amendment of the U.S. Constitution, which protects the right to bear arms.
The lawsuit, filed in Buffalo federal court, also alleged that the law's "radically broadened" definition of assault weapons 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," the lawsuit said.
It comes on the same week that backers of gun control in the Senate dropped their bid to re-impose a federal ban on assault weapons, a measure that had faced considerable opposition in both houses of Congress.
Democratic lawmakers instead opted to scale back White House proposals for sweeping gun-control measures, saying they would focus on a bill that penalize "straw purchasers" who help criminals to avoid background checks. That measure has broader support in Congress.
New York's gun control measures, known as the SAFE Act, were enacted in January, making New York the first state to pass tougher laws following the December 14 mass shooting in Newtown that left 20 children and six adults dead as well as the shooter.
New York Attorney General Eric Schneiderman, whose office will defend the law in court, declined to comment on the lawsuit but said in a statement that the law makes New Yorkers safer while "ensuring constitutional protections to responsible gun owners."
A spokesman for Gov. Andrew Cuomo, who signed the law after the state legislature passed it within hours of its introduction, did not immediately return a request for comment.
The lawsuit is one of a handful of court challenges to the new regulations. But Thursday's complaint marks the first time that a group officially linked to the powerful NRA has weighed in on New York's new law.
Other plaintiffs in the case include gun dealers, other gun owner groups and several individual gun owners.
In addition to Second Amendment claims, the lawsuit alleged that the SAFE Act violated equal protection rights by allowing owners to load 10 rounds of ammunition into their guns at shooting ranges or in competition while limiting them to seven rounds when at home.
It also claimed that the law violates interstate commerce protections by requiring all gun sales to be made by sellers who are licensed and based in New York, thereby excluding out-of-state dealers.
The lawsuit was filed on the same day that Vice President Joseph Biden, who has led the Obama administration's effort to pass new federal gun control measures, joined New York City Mayor Michael Bloomberg at City Hall to call on Congress to adopt the president's proposals.
Colorado became the second state this week to pass stricter gun control laws since Newtown, expanding background checks and banning magazines with more than 15 rounds.
(Reporting by Joseph Ax, Editing by Scott Malone; Editing by David Gregorio)
Replies
New York can forget my tourist dollars until and unless they repeal this shixx. Also, when are you New Yorkers gonna go revolution on this?
Bravo, I will donate. Herr Cuomo, and Herr Bloomberg need a lesson, in just what being an American, is all about. These two clowns are reading another playbook, possibly, out of somewhere in ancient Germany............New Yorkers need to stand up for themselves, seems like, they might have gotten the idea, when Hurricane Sandy hit, and 5 weeks later, they are living in tents, in the snow, waiting on their elected Liberals to save them. Sometimes you have to hit jackass with a two by four to get his attention. I hope the NRA cleans their clocks. Doug, I am with you, my tourist trade will not go to NY or for that matter Colorado. Colorado is going to be a much dangerous place to live, unarmed, and the bad guys soaked in dope. Businesses will leave, hey,You-all, come on down here to Texas, we will treat you right.
Since Obama has been in office there have been more law suits filed.
Hope for similar legal action motivated by the SanFranColorado Experiment on people control. Many-if not all of the Colorado laws passed violate the Second amendment--and despite Governator Hick's notice that they are an inconvenience --more importantly they ARE an infringement on the Right of the People to keep and bear arms.
They are many people (including even some gun owners) which do not see further than the tip of their nose. The attack on guns by any means- as gun laws, any control, ANY REGULATION ON ANY TYPE OF WEAPONS, (including machine guns and bazookas) is attack on basic freedom. As clearly stated by Constitution, the primary reason that guns are owned by citizens is against dictatorial government, usurping powers which they did not get by Constitution. For the same reason, such government will take the guns from own citizens. It did happen in Germany under dictatorship of Hitler, in all communist countries or any totalitarian government. Any control or any regulation means the data on people. After that, it is easy to put the law on prohibition of any guns and who owns them. If you think, that police will not pick your gun, think twice. By the way, there is NO other reason for the Obama's government purchase of hollow point bullets, thousand of assault guns and the urban attack vehicles/ small tanks. If you know one, let me know.
And again one must ask what is it about "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." do these clowns not understand? A very intelligent lady I know made a rather rude but true comment in that she said, interpretations and notions of what these simple words mean are like A.....h....es....everybody had one. While her statement is rude, even crude, it would appear that she is at least partially correct. As far as I am concerned, politicians do not have A.....H....les and all will eventually swell up with backed up bowels and succumb to an over abundance of crap of their own making.......the sooner the better.
PRAY THEY WIN .( WE NEED TO BOYCOTT ALL THE STATES THAT HAVE TURNED TO COMMUNISM FOR THERE WAY OF LIFE IN AMERICA ) . STOP THE MONEY FLOW TO THESE COMMUNIST .
william e.grant-T'anks we agree! One of our Colorado General Assembly bragged that Colorado is Liberatian-- I refer to it as a Slave State.they have this session recognized legal pot smoking--and the dilution o f"marriage" and have removed any laws penalizing adultery--and are trying to remove the death penalty--Except the Lord of Hosts had preserved to us a very small minority we would have all been made like Sodom and like unto Gomorrah.Someone did note that Colorado is #2 as Libertarian States If rebelling against God is Libertarian --It says much about WHY I cannot join the Libertarians.
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