Explore The NRA Universe Of Websites

APPEARS IN News

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.

TRENDING NOW
Governor Bevin Signs NRA-backed Constitutional Carry

News  

Monday, March 11, 2019

Governor Bevin Signs NRA-backed Constitutional Carry

The NRA applauds Kentucky Governor Matt Bevin for signing Senate Bill 150 into law, an NRA-backed bill that fully recognizes the constitutional right of law-abiding gun owners to carry a concealed firearm.

Activist Court Turns the Law Designed to Protect the Firearm Industry from Frivolous Lawsuits on its Head

News  

Friday, March 15, 2019

Activist Court Turns the Law Designed to Protect the Firearm Industry from Frivolous Lawsuits on its Head

On Thursday, the Connecticut Supreme Court created a dangerous new exception to the Protection of Lawful Commerce in Arms Act (PLCAA), a strong safeguard for our right to keep and bear arms.  

Nevada: Omnibus Anti-Gun Bill Introduced, Legislator Bill Introduction Deadline Extended

Monday, March 18, 2019

Nevada: Omnibus Anti-Gun Bill Introduced, Legislator Bill Introduction Deadline Extended

Today, Assembly Bill 291 was introduced by Assemblywoman Sandra Jauregui (D-41).  This omnibus anti-gun legislation is a threat to both gun owners residing in Nevada and those who are visiting. 

Canada’s Senate Holds Hearings on “Rube Goldberg” Gun Control Law, Bill C-71

News  

Friday, March 15, 2019

Canada’s Senate Holds Hearings on “Rube Goldberg” Gun Control Law, Bill C-71

Last month, the Senate Standing Committee on National Security and Defence (SECD) concluded two days of hearings on Bill C-71, the Liberal government’s gun control bill. (An additional hearing date has been set for March 18, ...

Yesterday’s Scandal, Today’s Mandate: Anti-gunner Embraces Operation Choke Point as Official Policy

News  

Wednesday, March 13, 2019

Yesterday’s Scandal, Today’s Mandate: Anti-gunner Embraces Operation Choke Point as Official Policy

On Tuesday, U.S. Rep. Carolyn Maloney (D-NY) unabashedly embraced the tactics behind one of the most shameful policies of the Obama era, openly using the guise of her federal authority to berate and not so ...

Levi’s Teams with Billionaire Michael Bloomberg to Attack Gun Rights

News  

Friday, September 7, 2018

Levi’s Teams with Billionaire Michael Bloomberg to Attack Gun Rights

Levi Strauss & Co. established its brand in the mid-19th century by selling durable clothing to working-class Americans. As Levi’s signature jeans gained popularity amongst a wider set in the middle of the last century, ...

Monday, March 18, 2019

Alert! Look Out ALABAMA! Here comes D.J. Parten's Bait & Switch

It looks like D.J. Parten is making a move on Alabama.  We’ve heard that he’s trying to establish himself in another state – Alabama.  So, if you know people in Alabama, forward this email to ...

Colorado: Senate Committee Rapidly Passes “Red Flag” Bill to the Senate Floor With Little Notice

Tuesday, March 19, 2019

Colorado: Senate Committee Rapidly Passes “Red Flag” Bill to the Senate Floor With Little Notice

With less than 12 hours-notice to the public, the Senate Appropriations Committee passed gun control legislation, House Bill 1177, this morning.

Gun Controllers Want Credit Card Companies to Monitor and Restrict Lawful Purchases

News  

Friday, February 22, 2019

Gun Controllers Want Credit Card Companies to Monitor and Restrict Lawful Purchases

Gun controllers have become increasingly frustrated that their federal agenda has been repeatedly rejected by Americans through their elected representatives, leading them to seek to circumvent the legislative process and restrict gun rights by way ...

Washington: Gun Ban Bills Fail Crossover Deadline

Wednesday, March 13, 2019

Washington: Gun Ban Bills Fail Crossover Deadline

Today, March 13th at 5:00PM, was the cutoff deadline for all bills to be voted out of the chamber in which they originated.

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.