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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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Monday, February 2, 2026

Virginia Gun Owners Face Magazine Confiscation!

Astute Virginia gun owners anticipated terrible gun control legislation from the 2026 General Assembly. Still, some may be shocked to learn that anti-rights zealots in the Virginia Senate have advanced a bill to CONFISCATE standard capacity firearm ...

Unnecessary Roughness: NFL Player Hit with Felony Arrest for Lawfully Owned Gun

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Monday, February 2, 2026

Unnecessary Roughness: NFL Player Hit with Felony Arrest for Lawfully Owned Gun

One bill has stood above the rest for decades as NRA-ILA’s top federal priority, and the New York City Metro area has once again shown why.

Hawaii Introduces “Anti-Wolford” Bill

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Monday, February 2, 2026

Hawaii Introduces “Anti-Wolford” Bill

The United States Supreme Court has barely finished hearing oral arguments in Wolford v. Lopez, the Hawaii “vampire rule” litigation, and already Aloha State lawmakers have been panicked into an attempt at a preemptive legislative workaround.  ...

Virginia: Multiple Gun Control Bills Advance in Senate

Tuesday, January 27, 2026

Virginia: Multiple Gun Control Bills Advance in Senate

On Monday, January 26th, the Senate Courts of Justice Committee advanced a slate of gun control bills targeting semi-automatic firearms, standard capacity magazines, carry rights, home storage, and more.

NRA Files Amicus Brief Urging Supreme Court to Strike Down Firearm Prohibition for Marijuana Users

Friday, January 30, 2026

NRA Files Amicus Brief Urging Supreme Court to Strike Down Firearm Prohibition for Marijuana Users

Today, the National Rifle Association, along with the Independence Institute and FPC Action Foundation, filed an amicus brief urging the U.S. Supreme Court to strike down the federal prohibition on firearm possession by marijuana users.

New Mexico: Senate Committee to Hear Sweeping Gun Control Bill

Monday, February 2, 2026

New Mexico: Senate Committee to Hear Sweeping Gun Control Bill

Update: SB 17 was not heard Monday but could come up at any time! Continue to contact your lawmakers!     On Monday, February 2nd, the New Mexico Senate Judiciary Committee is scheduled to hold a hearing on an ...

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Thursday, January 8, 2026

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Anti-gun legislators in Richmond have been busy ahead of the 2026 legislative session working on ways to burden your Second Amendment rights.

Oregon: Gun Control Scheduled for Day One of Session!

Saturday, January 31, 2026

Oregon: Gun Control Scheduled for Day One of Session!

On Monday, February 2nd, the Oregon Legislature will convene for the 2026 session, and gun control is already queued up for the first day of session.

Virginia: More Gun Control Introduced in General Assembly

Thursday, January 15, 2026

Virginia: More Gun Control Introduced in General Assembly

The 2026 Virginia legislative session is underway, and lawmakers are continuing their assault on your Second Amendment rights.

North Carolina: Permitless Carry Veto Override Vote Postponed

Tuesday, January 13, 2026

North Carolina: Permitless Carry Veto Override Vote Postponed

Today, the North Carolina House of Representatives rescheduled this morning’s veto override on Senate Bill 50, Freedom to Carry NC, to February 9, 2026.

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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.