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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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North Dakota: Important Self-Defense Bills Pass House

Tuesday, February 21, 2017

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Sunday, February 19, 2017

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Late last week, instead of voting on House Bill 50, the New Mexico House referred the bill back to the House Judiciary Committee.

New Hampshire Governor Signs Constitutional Carry Into Law

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Wednesday, February 22, 2017

New Hampshire Governor Signs Constitutional Carry Into Law

Measure Effective Immediately. Today was a great victory for gun owners in New Hampshire when Gov. Chris Sununu signed Senate Bill 12 into law, allowing law-abiding New Hampshirites to carry their firearms in the manner that ...

NRA-Backed Resolution to Stop Obama Attack on State Wildlife Management Passes House

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Friday, February 17, 2017

NRA-Backed Resolution to Stop Obama Attack on State Wildlife Management Passes House

On Friday, the U.S. House of Representatives passed H.J. Res. 69, a measure that would use the Congressional Review Act to repeal an Obama-era rule passed by the U.S. Fish and Wildlife Service (FWS) to preempt ...

Massachusetts: Legislation Introduced to Challenge AG Healey’s Gun Ban

Thursday, February 16, 2017

Massachusetts: Legislation Introduced to Challenge AG Healey’s Gun Ban

The Massachusetts General Court’s 2017 legislative session is in full swing with the introduction of numerous pro- and anti-gun bills.  Among the pro-gun bills are Senate Docket 1157 and Senate Docket 1889.  Both SD 1157 ...

California DOJ Withdraws “Assault Weapon” Regulations

Monday, February 13, 2017

California DOJ Withdraws “Assault Weapon” Regulations

As previously reported, after the California Department of Justice submitted regulations regarding newly classified “assault weapons” to the Office of Administrative Law (“OAL”) for publication in the California Code of Regulations (CCR), NRA and California ...

Kentucky: House Introduces Constitutional/Permitless Carry Legislation

Tuesday, February 14, 2017

Kentucky: House Introduces Constitutional/Permitless Carry Legislation

The Kentucky House of Representatives introduced their own constitutional/permitless carry bill. House Bill 316, sponsored by Representative C. Wesley Morgan (R-81), recognizes Kentuckians’ freedom to legally carry a concealed firearm without the burdensome requirement of acquiring ...

South Dakota: Bill Introduced to Silence NRA Communications

Friday, February 17, 2017

South Dakota: Bill Introduced to Silence NRA Communications

Recently introduced in the House of Representatives is House Bill 1200, legislation that would severely limit your NRA-ILA’s ability to communicate with its membership in South Dakota.

Senate Votes to Block Obama Social Security Administration Gun Ban; Legislation Heads to President Trump

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Friday, February 17, 2017

Senate Votes to Block Obama Social Security Administration Gun Ban; Legislation Heads to President Trump

On Wednesday morning, the U.S. Senate voted 57-43 in favor of H.J.Res.40, which would block the implementation of an Obama-era rule under which the Social Security Administration (SSA) would report the names of tens of ...

Washington: One Anti-Gun Substitute Dies in Committee, Another is Headed to the House Floor

Thursday, February 16, 2017

Washington: One Anti-Gun Substitute Dies in Committee, Another is Headed to the House Floor

Today, the House Judiciary Committee considered substitute bills for House Bill 1387 and House Bill 1122. 

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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.