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Status update FYI.
By Tom King

New York State Rifle & Pistol Association

New York State Rifle & Pistol Association

New York --(Ammoland.com)- New York State Rifle & Pistol Association has filed both a Complaint and an Amended Complaint in the USDC for the Western District of New York.

Our Amended Complaint claims that the SAFE Act is unconstitutional in that it violates the Second Amendment, the Equal Protection Clause, and is unconstitutionally vague.

Subsequent to the filing of our Amended Complaint, we filed a Motion for Preliminary Injunction asking the Court to Order all defendants to cease the enforcement and prosecution of the SAFE Act.

The Court has not yet decided our request.

After a hearing to establish a briefing schedule, Judge William Skretny issued a Scheduling Order. Under the Order, the following deadlines were set: the time for all defendants to file an Answer to the Amended Complaint was stayed until June 7 2013.

All defendants have until June 7 2013 to respond to our motion for preliminary injunction or cross-move for dispositive relief;

The plaintiffs have until July 8 2013 to oppose any cross-motion by the defense and/or reply to any opposition to the motion for PI; and the defendants’ time to reply to any opposition filed by the plaintiffs was not decided, but will be addressed by the Court at a later date.

The Court set August 23rd 2013 as the next date for the parties to return to court, characterizing this date as a “status conference/hearing date, with emphasis for now on status conference.”

To date we have spent $164,000 on the suit and have received an additional $80,000 from the NRA Civil Rights Defense Fund.

Tom King

About:
The New York State Rifle & Pistol Association is the state’s largest and oldest firearms advocacy organization. Since 1871, our organization has been dedicated to the preservation of Second Amendment rights, firearm safety, education and training, and the shooting sports. Our membership consists of individuals and clubs throughout the state. We are a not-for-profit 501(c)4 organization and the official NRA-affiliated State Association in New York. Visit: www.nysrpa.org

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  • 6 User comments to “NYSRPA – NY Safe Act Law Suit Update”

    1. Joe Doakes on May 16, 2013 at 9:34 AM said:

      You know . . . there were so many other ways to make a good law that both sides would have equally disliked but was a good law . . . now we can waste precious time and money on beating back an unconstitutional law while New York continues to lose residents (AKA Tax Slaves) and influence.

      This is the most retarded law I’ve ever read. 68 pages of complete and utter malarky that puts my friends NY State Troopers at risk for no reason! For example if a NY’er has a pistol permit why is he or she not exempt from this law?

      NY has already given them permission to carry a concealed pistol; but they can’t be trust with a rifle that is 17″ long and a magazine that holds 20 rounds? That’s insane. That’s compromise. The law ought to read 20 round max for rifles and no extension beyond the pistol grip for pistols. Plus the 1/3 of the law that enables the government to find that next “Adam Lanza” before he strikes!

      Compromise lies at the heart of good laws. This law completely lacks that heart. Add to the fact that even “the left” now realizes it violates their patient rights and they are soon to catch on fast.

    2. Mike Crognale on May 16, 2013 at 12:10 PM said:

      Joe Doakes, the amendment reads, shall not be infringed. Every law that restricts the right of the citizen to bear arms is unconstitutional despite the supreme court rulings.

    3. Joe Doakes on May 16, 2013 at 12:54 PM said:

      Mike,

      I know. But it also reads “A well regulated militia . . .” if you read the “Heller” decision you will see the view that supports my notion of compromise. States have the power and responsibility to regulate all rights. That power and responsibility must not be abused – the SAFE act – is a clear violation of that in that it goes too far and violates standards set out in “Heller.”

      JD

    4. Larry W.Harrison on May 16, 2013 at 6:44 PM said:

      I retired from the n.y.s.dept. of correction
      2001 and since that time I have come in
      contact with 9 ex inmates from ny,nc,and fl.
      lucky there was no incidents plus I was
      carring 2 nine mm each with 10round +1
      as of april 2013 I have cut down 7 and I am
      a retired nys correction officer. The courts need to over turn the nysafe act.

    5. Any NY resident that owns any weapon, or who wants to, should just move. The money you would save in taxes the first year alone would pay for a move to Idaho or someplace, with money left over to start a business.

    6. T.grott on May 28, 2013 at 7:33 AM said:

      JD i should’nt have to move to a “free State” i was born and raised in upstate ny, and this is where i’ll take my stand. this is our country not the politicians. least anyone forget they work for us. not the other way around which seems to be the case these days.

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