Several gun organizations have filed a notice of claim announcing their intention to challenge a stringent gun control measure enacted by the Legislature and signed by Governor Andrew Cuomo in the wake of last month’s Connecticut school shootings. The state was served Jan. 29 with the notice by the New York State Rifle & Pistol Association, the Westchester County Firearms Owners Association, the Sportsman’s Association for Firearms Education and AR15.Com of Ontario County.
According to the notice, the potential plaintiffs contend the law violates the right to bear arms and to use firearms for self-defense and other legal purposes, the right to privacy, the right to interstate commerce and a host of other rights guaranteed by the U.S. and state constitutions. The complainants, who have 90 days to file a suit, are seeking injunctive relief and a declaration that the New York Secure Ammunition and Firearms Enforcement Act of 2013 (NY SAFE Act) is unconstitutional, but will not seek monetary damages, according to the notice, which was filed in Erie County Supreme Court.
Cuomo has touted the measure as the most comprehensive gun law in the nation. It bans all pre-1994 high-capacity magazines, bans any magazine holding more than seven rounds, requires real-time background checks on ammunition purchases, requires mental health professionals to report when a patient is dangerous, broadens the definition of assault weapons, and requires handgun and assault rifle owners to recertify their permit every five years.