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Friends Indeed: 22 State Attorneys General Join Pro-Second Amendment Brief in SAFE Act Appeal

Friday, August 8, 2014

Amicus curiae (“friend of the court”) briefs have been filed in Nojay v. Cuomo, the appeal from the decision of Judge William Skretny last year that largely upheld New York’s Secure Ammunition and Firearms Enforcement (“SAFE”) Act.  The plaintiffs challenged bans on large-capacity magazines and “assault weapons” (as redefined), the requirement that magazines contain no more than seven rounds, and new rules on ammunition sales, as unconstitutional.  After Judge Skretnty denied most of these claims, the case (decided as New York State Rifle and Pistol Association, Inc. v. Cuomo) was appealed to the U.S. Court of Appeals for the Second Circuit.

Attorneys General for 22 states – Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Kansas, Kentucky, Louisiana, Michigan, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia, and Wyoming – have filed an amicus brief in support of the plaintiffs.

In contrast, the chief legal officers for only nine states (plus D.C.) – Maryland, California, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Iowa, Massachusetts, and Oregon – have opted to support the SAFE Act through their own amicus filing.  Predictably, many of these jurisdictions have gun laws that similarly restrict or ban "assault weapons" and “large capacity” magazines.  The ends-driven argument in support of the SAFE Act is that the “absolutist reading of the Second Amendment advanced by the plaintiffs” threatens to “tie the hands of states in responding” to threats to public safety.  Yet the plaintiffs simply assert that the outright ban of firearms commonly used for lawful purposes by law-abiding citizens burdens the fundamental right to keep and bear arms and should be subject to the highest level of court review in accordance with constitutional law.

Amicus briefs supporting the plaintiffs’ arguments have also been filed by the National Rifle Association, the National Shooting Sports Foundation, Inc., the New York State Sheriffs’ Association, the Law Enforcement Legal Defense Fund, the Law Enforcement Action Network, and the International Law Enforcement Educators and Trainers Association, among others.

The NRA brief argues that laws like the SAFE Act, that prohibit the possession of firearms in the homes of law-abiding citizens where “Second Amendment guarantees are at their zenith,” must be subject to the highest standard of constitutional review:  strict scrutiny.  It adds that the “social science” evidence regarding the SAFE Act’s supposed public safety benefits, which was heavily relied on in Judge Skretny’s opinion, is clearly an insufficient foundation for the court’s conclusions when analyzed critically and carefully.  For example, one expert in the case admitted that state-level restrictions on firearms and magazines did not have an impact on crime, contrary to the “links” the court drew between the evidentiary record, the SAFE Act prohibitions, and the impact on public safety.

The appellate case has yet to be heard, but among those states that have weighed in on it, the clear weight of opinion is against the constitutionality of the SAFE Act.  Upon a fair and impartial hearing, that view should also prevail in the Second Circuit.

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Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Michigan: Anti-Gun Legislation Passed in the Middle of the Night Heads To Governor’s Desk

Friday, December 20, 2024

Michigan: Anti-Gun Legislation Passed in the Middle of the Night Heads To Governor’s Desk

With the sun setting on the 2023-2024 legislative session, yesterday the Michigan Senate held a marathon session lasting over 24 hours. While citizens were sleeping, anti-gun lawmakers were able to pass two pieces of legislation, ...

Here We Go Again: Anti-gun States Simultaneously Sue Law-Abiding Gunmaker

News  

Friday, December 13, 2024

Here We Go Again: Anti-gun States Simultaneously Sue Law-Abiding Gunmaker

Last week, the anti-gun attorneys general of Minnesota and New Jersey filed nearly simultaneous lawsuits against firearm maker Glock, essentially claiming the company was violating the laws of those states by making guns that are too easy to illegally ...

Concealed Carry Permit, Gun Sale Numbers Stay Strong in 2024

News  

Monday, December 16, 2024

Concealed Carry Permit, Gun Sale Numbers Stay Strong in 2024

The Crime Prevention Research Center (CPRC) has released the latest in its series of annual reports on trends in concealed carry permits in America.

Gun Control Activists Cite “Loopholes” in CEO’s Murder, Ignore Facts and Law

News  

Monday, December 16, 2024

Gun Control Activists Cite “Loopholes” in CEO’s Murder, Ignore Facts and Law

Predictably, gun control activists are citing the cold-blooded Manhattan murder of health insurance executive Brian Thompson to call for more gun control, particularly in the hot-button areas of “ghost guns” and “3D printed firearms.” 

Michigan: Final Push to Limit Gun Rights as Session Clock Runs Down

Wednesday, December 18, 2024

Michigan: Final Push to Limit Gun Rights as Session Clock Runs Down

With only a few days left in the session, anti-gun legislators are doing everything they can to pass additional legislation restricting the Second Amendment rights of Michigan citizens. The legislation below could be taken up ...

NYC Subway More Dangerous Than the Gridiron?

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Monday, December 16, 2024

NYC Subway More Dangerous Than the Gridiron?

Violent crime in New York City has been a growing concern over the last few years.  

Shocker! Joe Biden Exercises Presidential Authority to Expand Access to Firearms

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Monday, December 23, 2024

Shocker! Joe Biden Exercises Presidential Authority to Expand Access to Firearms

No, that is not a headline from a satirical news site. Indeed, it may come as a surprise to many (and perhaps even to the man himself), but Joe Biden has in two short days ...

Maine: Prepare for Progressives to Attack Your Hunting Rights

Wednesday, December 18, 2024

Maine: Prepare for Progressives to Attack Your Hunting Rights

While 2024 may be winding down now, the 2025 legislative session is about to heat up, and radical anti-gun progressive politicians are already planning new ways to strip you of your fundamental rights.  

U.S. Supreme Court Lets Hawaii Off With a Warning … For Now

News  

Monday, December 23, 2024

U.S. Supreme Court Lets Hawaii Off With a Warning … For Now

Last February, we reported on the judicial equivalent of a temper tantrum emanating from the Hawaii Supreme Court over the U.S. Supreme Court’s Second Amendment jurisprudence. 

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Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.