BELLEVUE, WA – A defendant in the Second Amendment Foundation’s challenge of New York’s gun control law has filed a brief with the federal appeals court supporting the plaintiffs’ application for a preliminary injunction, a move which SAF’s Alan Gottlieb welcomed as a pleasant surprise. The case is known as Hardaway, Jr. v. Nigrelli.
Gottlieb, who is SAF founder and executive vice president, said the brief filed by Niagara County, N.Y. District Attorney Brian D. Seaman reinforces plaintiffs’ assertion that the gun control law, which prohibits concealed carry in broadly-defined “sensitive places,” including places of worship, is unconstitutional.
Seaman’s brief states he supports the application for a preliminary injunction “for the purpose of furthering a judicial determination as to the constitutionality of New York Penal Law,” adding;
“Therefore, the Court should affirm the Decision and Order of the district court granting the Plaintiffs-Appellees’ application for a preliminary injunction.”
SAF is joined in the lawsuit by the Firearms Policy Coalition and citizens Larry A. Boyd and Jimmie Hardaway, Jr., for whom the lawsuit is named. Defendants, in their official capacities, include Seaman, Erie County District Attorney John J. Flynn and New York State Police Supt. Steven A. Nigrelli.
Federal District Judge John L. Sinatra granted the preliminary injunction, and the state appealed to the U.S. Second Circuit Court of Appeals.
“While this is certainly an unusual development,” said SAF Executive Director Adam Kraut, “we welcome the concurrence of District Attorney Seaman in our effort to secure the preliminary injunction. We believe New York’s gun control scheme is wholly unconstitutional. The New York Legislature needs to go back to the drawing board and try again, and this time, craft a law that complies with the Supreme Court’s guidelines in the Bruen ruling, rather than attempt to dance around that decision.”
The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 720,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.
Today February 28, is the 30th anniversary of WACO. Never forget the Federal Government Bureaucracy is not on your side.
Just another delaying tactic to keep from getting a court ruling. Which has always been the tactic of Liberal and now Progressive Democrats. They have historically used the Court system to enact rules and regulations. They either couldn’t get through legislation or didn’t want to put their name and vote to. Now as there has been a shift in the Courts in regards to 2nd Amendment Rights. Democrats are resorting to delaying tactics while the Unconstitutional Laws are allowed to remain in place. By agreeing to modify the disputed legislation at whatever pace they deem appropriate. Which if allowed will… Read more »
Both are dark thoughts, but I can not disagree.
And just WHO in their right mind would ever ask a criminal for an opinion about anything, just because they are wearing a black robe?!?! Those men and women are committing crimes against us all, and it can be easily demonstrated to be true! All that you have to do is ditch your brainwashing for five minutes, and pay some attention to the facts!!