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
FBI Releases Final Crime Report for 2025 to the Dismay of Firearm Prohibitionists

News  

Monday, August 24, 2026

FBI Releases Final Crime Report for 2025 to the Dismay of Firearm Prohibitionists

There has been a certain amount of anticipation while the Federal Bureau of Investigations (FBI) analyzed the available crime data for last year. The speculation among many was that the report would be, not just ...

Questions and Answers About the Texas NFA Case

News  

Monday, August 17, 2026

Questions and Answers About the Texas NFA Case

On August 12, we reported on an important development in the ongoing litigation over the National Firearms Act (NFA) filed by multiple plaintiffs in U.S. District Court for the Northern District of Texas. These included, ...

DOJ Relaunches Federal Firearms Rights Restoration with New Final Rule

News  

Monday, August 24, 2026

DOJ Relaunches Federal Firearms Rights Restoration with New Final Rule

On August 20, the U.S. Department of Justice (DOJ) published a final rule in the Federal Register that establishes application standards for those seeking relief from federal firearm disabilities under the Gun Control Act of ...

District Court Enters Final Judgment Striking Down New Mexico’s Waiting Period Law in NRA Victory

Friday, August 28, 2026

District Court Enters Final Judgment Striking Down New Mexico’s Waiting Period Law in NRA Victory

The U.S. District Court for the District of New Mexico granted summary judgment holding New Mexico’s 7-day waiting period law unconstitutional in Ortega v. Grisham—a case brought by the National Rifle Association and Mountain States ...

SCOTUS Statutory Ruling Not the Final Word on Biden-Era “Frame or Receiver” Rule

News  

Monday, August 24, 2026

SCOTUS Statutory Ruling Not the Final Word on Biden-Era “Frame or Receiver” Rule

For years, NRA-ILA has closely followed and reported on the legal and regulatory saga surrounding the Biden-Harris administration’s so-called “Frame or Receiver” rule. 

California: Anti-Gun Bills Pass the Legislature, Now Heading to the Governor's Desk

Wednesday, August 26, 2026

California: Anti-Gun Bills Pass the Legislature, Now Heading to the Governor's Desk

This week, three anti-gun bills received final passage from the legislature and will now be transmitted to the Governor's desk for his consideration. The most egregious among these measures is Senate Bill 948, which imposes ...

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

Wednesday, August 5, 2026

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

In another major victory for the National Rifle Association and law-abiding gun owners, the U.S. District Court for the Northern District of Texas today held that the National Firearms Act’s registration and approval requirements for ...

What Does the Texas NFA Decision Mean for You?

News  

Wednesday, August 12, 2026

What Does the Texas NFA Decision Mean for You?

On August 5, 2026, Judge Wesley Hendrix of the U.S. District Court for the Northern District of Texas held that the National Firearms Act’s registration and approval requirements for suppressors, short-barreled rifles, and short-barreled shotguns ...

ATF Director Corrects Gun Control Advocates on Regulatory Reform

News  

Monday, August 17, 2026

ATF Director Corrects Gun Control Advocates on Regulatory Reform

In a stark departure from the last administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives is taking gun control advocates to task for their sensationalist rhetoric and questionable legal claims. 

NRA Files Another Lawsuit Challenging the National Firearms Act

Thursday, October 9, 2025

NRA Files Another Lawsuit Challenging the National Firearms Act

Today, the National Rifle Association—along with the American Suppressor Association, Firearms Policy Coalition, and Second Amendment Foundation—announced the filing of another lawsuit challenging the constitutionality of the National Firearms Act of 1934 (NFA).

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.