July 2, 2013: Yesterday, provisions of the new firearms legislation passed in Colorado and Connecticut earlier this year became effective.  The newly effective provisions in Colorado include limiting ammunition magazines to 15 rounds and universal background check requirements.  In Connecticut, the forms required to obtain certificates to purchase shotguns, rifles and ammunition became available yesterday.  For more information on the Colorado legislation click here.  For more information on the Connecticut legislation click here.

Gov. Cuomo recently filed a motion to dismiss the federal lawsuit which claims the NY SAFE Act (“the Act”) is unconstitutional.  In his 93 page motion the Governor advances the following arguments:

  • That the 2nd Amendment is not infringed because the Act only bans weapons with “uniquely military” features which he contends are heavily associated with “mass shootings” and “criminal activity.”  His support, however, is largely limited to a recitation of the same anti-gun statistics which have been tossed around in the media for far too long and fail to address the arguments and evidence that the law will not reduce crime because criminals do not follow the law in the first place.
  • On the issue of vagueness, the Governor points out that much of the language complained of by the plaintiffs has been used in New York’s prior statutory law for many years without any lack of certainty in its meaning.  The Governor further cites numerous instances in which other courts have upheld the same language used in the Act and distinguishes the authority cited by the plaintiffs.
  • The Governor also contends, albeit without any discussion or analysis, that the organizational plaintiffs lack standing to bring the claims on behalf of their members, and that the business plaintiffs also lack standing because there is “no Second Amendment right to sell firearms.”

When asked about the motion, counsel for the plaintiffs indicated that, despite the Governor’s claims, the weapons banned by the Act are not “uniquely military,” and that the plaintiffs are confident they “can prove that the firearms banned in the law are commonly and lawfully possessed” as permitted by Heller.  Plaintiffs’ counsel further noted that the “the main feature of a military-type weapon is a fully automatic that keeps firing,” and that “features such as stock shape, pistol grip, and adjustable shoulder strap are not sufficient reasons for designating a firearm an assault weapon.”

The plaintiffs have until July 15 to oppose the Governor’s motion to dismiss.  In addition, three new entities, the  Law Center to Prevent Gun Violence, New Yorkers Against Gun Violence and Moms Demand Action for Gun Sense in America, have now sought leave to submit briefs as amicus curiae.