New York Gun Laws Provide Interesting Case Nationally

In 2013, New York passed the SAFE Act, the nation’s strictest firearms enforcement legislation, sparking local and national debate.

The act, the Secure Ammunition and Firearms Enforcement Act, was passed in response to the school shooting at Newtown, Connecticut. Among other things, the legislation banned assault weapons, expanded background checks, and banned high-capacity magazines.

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The New York State Rifle & Pistol Association filed a lawsuit challenging the act in March 2013, just after the act’s passage. Although most of the SAFE Act was upheld by a federal judge, parts were overturned in December 2013, including a section of the law that restricted gun owners from putting more than seven rounds in a magazine.

The NYSRPA isn’t letting the case go, and the organization filed an appeal of the decision, citing numerous reasons why the judge’s ruling should be reconsidered. Oral arguments on the appeal are tentatively scheduled for December.

In the midst of the NYSRPA pushing to overturn the SAFE Act, 22 attorney generals in May joined a brief challenging the constitutionality of New York’s ban on semi-automatic weapons.

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“We have a lot of attorneys general throughout the states and would have more, except some believed they should not be involved with the Second Circuit,” NYSRPA president Tom King told The Blaze. “We believe we will have 44 to 45 states by the time this reaches the Supreme Court.”

South Dakota’s Attorney General Marty Jackley expressed concern that New York’s ban will affect gun laws in other states.

“Hunting with semiautomatic firearms for pheasant, waterfowl, and big game is commonplace in South Dakota,” Jackley wrote in a statement. “While the ban only applies to New York at this time, the federal court’s upholding of the gun ban sets a concerning precedent interpreting limitations on Second Amendment rights of all law-abiding citizens including here in South Dakota. An outright ban on semiautomatic weapons used for self-defense and hunting purposes violates the Second Amendment.”

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