Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Mixed Trial Court Ruling on New York's "SAFE" Act Ensures Appellate Action Will Follow

Friday, January 17, 2014

On December 31, 2013, Judge William M. Skretny of the U.S. District Court for the Western District of New York issued a decision in a legal challenge to New York’s recently-enacted gun control law, commonly known as the SAFE Act.  The suit was brought by the New York State Rifle and Pistol Association, among others, with support from the NRA.  Plaintiffs asserted that three provisions of the Act violated the Second Amendment.  These included its expanded ban on so-called “assault weapons” and “large capacity ammunition feeding devices” and its requirement that magazines be loaded with no more than seven rounds, even if they have a larger capacity. Various aspects of the law were also challenged as being unconstitutionally vague.  Finally, plaintiffs asserted that provisions of the law which effectively ban direct Internet or mail order sales of ammunition violate Congress’ preeminent role under the Constitution in regulating interstate commerce.

The most important aspect of the decision from the perspective of New York’s beleaguered gun owners is that it invalidated the Act’s first-of-a-kind requirement that magazines used and intended for self-defense be loaded with no more than seven rounds of ammunition, no matter what their capacity.  Judge Skretny characterized the seven round limit as “arbitrary” and noted that because the law allowed for possession of magazines with up to 10 rounds, the limit could “disproportionately affect[] law-abiding citizens.”  He also found the state had not offered evidentiary support for its claims that the load limit would advance public safety.

With regard to the expansions of New York’s ban on “assault weapons” and “large” magazines, the court was considerably more deferential.  Judge Skretny determined these provisions of the law were subject to a three-step analysis: (1) determining whether the items were commonly-used for lawful purposes; (2) determining whether the challenged restrictions substantially burdened rights protected by the Second Amendment; and (3) determining what level of scrutiny to use by reference to how close the restriction burdened the “core” right of self-defense within the home. 

A significant positive to arise from the case was Judge Skretny’s findings that the banned firearms and magazines met the first two steps of the test.  Yet he refused to apply the highest level of constitutional scrutiny (i.e., strict scrutiny) in the third step, opting for what he called “intermediate scrutiny.”  This requires a court to determine whether the challenged restrictions are “substantially related to the achievement of an important governmental interest.”  In rendering this choice, Judge Skretny invoked First Amendment doctrine and compared the bans to content-neutral restrictions on speech that affect only the time, place, and manner of speech.  Yet the bans, outside of limited grandfather provisions that obviously contemplate diminution of stocks by attrition, do not merely state when, where, and how the items may be used.  Rather, they prohibit entirely the private, non-commercial possession of an entire class of what the court acknowledges are popular firearms owned by millions nationwide and commonly used by tens of thousands for lawful purposes.       

Nevertheless in finding that the bans satisfied intermediate scrutiny, Judge Skretny credited the state’s evidence on the public safety implications of the bans over that advanced by the plaintiffs.   His reasoning, in this regard, created a Catch-22 for law-abiding gun owners. “There … can be no serious dispute,” he wrote, “that the very features that increase a weapon’s utility for self-defense also increase its dangerousness to the public at large.”  In other words, the court seemed to indicate that the easier a firearm is to use, and the more effective it is in stopping an adversary (or multiple adversaries), the less protection it should be afforded under the Second Amendment. 

Yet the court also narrowed the scope of the bans by finding various provisions of the law so ambiguous as to violate the constitutional requirement that a criminal offense embody sufficient definiteness so that ordinary people can understand what conduct is prohibited and so that arbitrary and discriminatory enforcement is not encouraged.  These provisions included the law’s use of “muzzle breaks” as features that could qualify firearms as banned weapons, its inclusion of “semiautomatic version[s] of an automatic rifle, shotgun, or firearm” within its banned classes of pistols, and a clause expanding the magazine ban that Judge Skretny deemed “entirely indecipherable.”

Judge Skretny rejected the plaintiffs’ challenges to the new requirement that ammunition sales occur only in “face-to-face” transactions between the vendor and the seller, analogizing them to requirements that had been upheld in a prior case banning direct mail or Internet sales of cigarettes.

Parties on both sides of the case always expected that it would ultimately be resolved at the appellate level, and perhaps by the United States Supreme Court.  Both sides of the case have already filed notices of appeal, and the fight to vindicate the Second Amendment rights of New Yorkers will continue.

TRENDING NOW
Nancy Pelosi: Pro-Gun Voters Made an Impact

News  

Monday, November 18, 2024

Nancy Pelosi: Pro-Gun Voters Made an Impact

Congratulations NRA members and other pro-gun voters! Once again, our votes helped make the difference.

Bloomberg’s Mayors, Back in the News!

News  

Monday, November 18, 2024

Bloomberg’s Mayors, Back in the News!

Just a few short weeks ago, we wrote about Michael Bloomberg’s controversy-dogged gun control organization, Mayors Against Illegal Guns (MAIG), and how another high-ranking member of the group had been indicted for allegedly committing serious ...

Make Crime Illegal Again

News  

Monday, November 18, 2024

Make Crime Illegal Again

While less prominent than the red sweep of the nation’s electoral map and the triumph of President Donald Trump, another telling development following the 2024 elections was the number of Californians in ultra-progressive strongholds who ...

Federal District Court Strikes Down IL’s “Assault Weapon” and “Large-Capacity Magazine” Bans in NRA-Supported Case

Saturday, November 9, 2024

Federal District Court Strikes Down IL’s “Assault Weapon” and “Large-Capacity Magazine” Bans in NRA-Supported Case

Today, the U.S. District Court for the Southern District of Illinois struck down provisions of the Protect Illinois Communities Act (PICA) that prohibit “assault weapons” and “large-capacity magazines” in an NRA-supported case, Barnett v. Raoul.

NRA Files Amicus Brief Arguing that Washington’s Magazine Ban Violates the Second Amendment

Friday, November 15, 2024

NRA Files Amicus Brief Arguing that Washington’s Magazine Ban Violates the Second Amendment

Today, NRA filed an amicus brief in the Supreme Court of the State of Washington in a challenge to Washington’s prohibition on magazines that hold over 10 rounds.

Michigan: Take Action Against "Gun-Free Zone" Bills Today!

Friday, November 15, 2024

Michigan: Take Action Against "Gun-Free Zone" Bills Today!

Yesterday, the Senate Committee on Civil Rights, Judiciary, and Public Safety SB 857 and SB 858 with amendments and the bills will now be eligible for votes on the Senate floor. Please use the take action button below and ...

Grassroots Spotlight: North Carolina Grassroots

Take Action  

Monday, November 18, 2024

Grassroots Spotlight: North Carolina Grassroots

The North Carolina NRA-ILA Grassroots Team recently held an NRA “Day of Action” event to coincide with the start of early voting in the Tarheel State, and to encourage our Second Amendment community to “Get Out and Vote”!

Michigan: House of Representatives to Take Important Vote on Anti-Gun Bills

Tuesday, November 12, 2024

Michigan: House of Representatives to Take Important Vote on Anti-Gun Bills

Tomorrow, the Michigan House of Representatives is expected to vote on two packages of anti-gun bills. Use the take action button below to contact your Representative and urge them to oppose these anti-gun bills!  

PREFILING OF LEGISLATION BEGINS IN TEXAS FOR THE 2025 SESSION

Friday, November 15, 2024

PREFILING OF LEGISLATION BEGINS IN TEXAS FOR THE 2025 SESSION

Prefiling of legislation for the 2025 Regular Session of the Texas Legislature began on Tuesday.  Within the first three days, more than 75 firearm-related bills had been filed, the majority of which were anti-gun measures ...

Michigan: Senate Committee to Vote on Expanding Gun-Free Zones

Tuesday, November 12, 2024

Michigan: Senate Committee to Vote on Expanding Gun-Free Zones

Tomorrow, the Senate Committee on Civil Rights, Judiciary, and Public Safety will take up SB 857 and SB 858. These bills would dramatically expand “gun-free zones” in the state and drastically limit where those with a concealed pistol ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

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.