(Long Island, NY) A state appeals court has rejected an attempt by anti-gun-safety groups to block implementation of the NY SAFE Act. New Yorkers Against Gun Violence, along with the Law Center to Prevent Gun Violence, had filed an amicus brief in support of the Act, the landmark gun safety law enacted in January 2013.
The court affirmed that the process used to pass NY SAFE was valid. The law was passed by the Legislature through a message of necessity — a move by the governor that allows a vote on a bill without a three-day waiting period.
NYAGV Executive Director Leah Gunn Barrett commented, “NY SAFE is a public safety law validly enacted by an overwhelming percentage of the Legislature. The NRA’s challenges are solely an attempt to frustrate the democratic process with baseless lawsuits.” Barrett added, “NYAGV will continue to fight to defend NY SAFE and ensure its successful implementation.”
The New York Secure Ammunition and Firearms Enforcement Act (NY SAFE) gives New York State one of the most comprehensive gun laws in the nation, with provisions to keep guns out of the hands of dangerous individuals and bans on assault weapons and high-capacity magazines.
Anti-gun-safety groups such as the New York State Rifle and Pistol Association, the state’s arm of the National Rifle Association (NRA), have filed several lawsuits to overturn the law. One suit, still pending, challenges the law on Second Amendment grounds. “The constitutional challenge to the NY SAFE Act is equally meritless,” claimed Barrett.
The Supreme Court has stated that States may regulate “dangerous and unusual weapons,” such as military-style automatic weapons. The NY SAFE Act prohibits military-style semiautomatic assault weapons (which have the same lethal features as automatic assault weapons) and large capacity magazines, which are the type of “dangerous and unusual” weapons that are not protected by the Second Amendment.
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