The Empire State’s prohibition on so-called “assault weapons” is hardly unchallenged. This week, the Second Amendment Foundation (SAF) and Firearms Policy Coalition (FPC) filed a memorandum to buttress their earlier motion for a summary judgment against the controversial law.
The case, Lane v. Rocah, was brought against the state’s controversial ban on many popular sporting rifles.
Attorneys charged in the memorandum that the arguments relied upon by the state in defending the law have already been found lacking. SAF founder and Executive Vice President Alan M. Gottlieb noted that New York’s position displays “a stubborn resistance to the U.S. Supreme Court’s ruling in the 2022 Bruen ruling.”
Bruen established the standard by which the constitutionality of current gun control laws is determined, and the semi-automatic weapon ban clearly falls short of the bar.
SAF Executive Director Adam Kraut accused the state of smearing these rifles simply due to their resemblance to military-grade firearms. “Yet, such firearms are in common use across the country for all types of legitimate use, from personal and home defense to competition, hunting and recreational shooting.”
The latest action supported the case, which was originally filed in December 2022. The brief seeking summary judgment was presented to the court in March, detailing why the case should be resolved without further battles.
It argued that an entire class of popular weapons available to millions across the U.S. is denied to law-abiding New York citizens. Tens of millions of these firearms are in legal circulation, flatly countering the high court’s requirement that a banned weapon be “unusual.”
A successful challenge in New York would certainly set a blueprint for other legal action in states such as Illinois and California.
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