A group of New York-based firearm organizations led the New York State Rifle & Pistol Association, with support from the National Rifle Association, has filed a notice of claim as a first step in bringing a constitutional challenge against the NY SAFE Act. The notice of claim can be found here.
The firearm organizations say that the NY SAFE ACT violates their rights under both the United States and New York State Constitutions because it:
- Infringes on their rights to possess and use firearms;
- Infringes on their constitutional rights to privacy;
- Effectuates an unconstitutional taking of private property, as it bans the possession of firearms and magazines that were lawfully owned prior to its enactment;
- Violates the Commerce Clause by impermissibly restricting interstate commerce; and
- Is impermissibly vague and overbroad.
In a separate development, a class action was filed by an attorney in the New York State Court in Buffalo to make similar Second Amendment claims.