Leading gun rights groups put New York State on notice for violating the U.S. and New York State Constitutions for passage and enforcement of the NYS SAFE Act 2013.
“On January 29, we served a Notice of Claim on the Attorney General of the State of New York,” said Brian Stapelton, partner at Goldberg Segalla LLP, an Albany law firm. “This is the jurisdictional prerequisite for filing a lawsuit against a municipal body.”
The state has 90 days to respond, he said. “Thereafter, we will challenge the unconstitutional SAFE Act as quickly and aggressively as procedures permit.”
“The SAFE Act is a de-facto gun ban. It violates not only the Second Amendment, but also Federal law and other sections of the Constitution,” said J. Scott Sommavilla, President of Westchester County Firearms Owners Association, a co-plaintiff in the claim. “The law has so many holes, it begs for legal action.”
“Gun owners are angry that their right to purchase and sell firearms is severely restricted in violation of the Commerce clause,” he said.
Most manufacturers do not carry the current limit of 7-round magazines for the semi- automatic hand gun. Since federal law limits magazines to10-rounds, that is the base for manufacturers, he said.
The result is gun distributors will not sell their firearms to residents in New York State because of the possible liability, he said. “It’s just not worth it for them.”
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"A law which is repugnant to the Constitution if null and void." Madison vs Marbury, 1803
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