New York law prohibits the possession, manufacture, transport, and disposal of many common semiautomatic firearms which the state has labeled as “assault weapons”.
While New York’s law withstood prior legal challenges, that was under the now abrogated two-step test that courts employed when examining Second Amendment challenges prior to the Supreme Court’s clarification of the proper analysis to be applied in Bruen. This lawsuit seeks to correct the prior misapplication of the law.
The Government cannot ban those arms simply because they do not like the features that they may possess, particularly since they are not dangerous and unusual. Such a prohibition is flatly foreclosed by the Second Amendment.
On December 30, 2022, Second Amendment Foundation Executive Director Adam Kraut, along with two other attorneys, filed suit on behalf of two individuals. The lawsuit asks a federal court to ensure that the People of the Empire State may exercise their Second Amendment rights by declaring that the ban violates the Second and Fourteenth Amendments and enjoining the Defendants from enforcing the ban.
Case Team: Nicholas Rosko, SAF Executive Director Adam Kraut, Cody Wisniewski
Recent Docket Activity
November 10th, 2025
JOINT MOTION for Reconsideration re; 99 Memorandum & Opinion, Set Hearings,,,, of the Parties' Cross-motions for Summary Judgment. Document filed by Dominick L. Chiumento..
November 10th, 2025
MEMORANDUM OF LAW in Support re: 111 JOINT MOTION for Reconsideration re; 99 Memorandum & Opinion, Set Hearings,,,, of the Parties' Cross-motions for Summary Judgment. and in Further Support of the Superintendent's Cross-motion for Summary Judgment, ECF No. 78. Document filed by Dominick L. Chiumento..
November 10th, 2025
MEMORANDUM OF LAW in Support re: 111 JOINT MOTION for Reconsideration re; 99 Memorandum & Opinion, Set Hearings,,,, of the Parties' Cross-motions for Summary Judgment. and in Further Support of Plaintiffs' Motion for Summary Judgment, ECF No. 71. Document filed by J. Mark Lane, James Sears..
October 27th, 2025
Minute Entry for proceedings held before Judge Kenneth M. Karas: Status Conference held on 10/27/2025. Nicolas Rotsko appeared on behalf of Plaintiffs. Suzanna Mettham, James Thompson, John Nonna, and Yuval Rubinstein appeared on behalf of Defendants. No court reporter served. Parties shall submit their respective memorandums of law in support of their joint motion for reconsideration by no later than November 10, 2025.
October 14th, 2025
MEMO ENDORSEMENT on re: 109 Letter Proposing Two Options filed by James Sears, J. Mark Lane. ENDORSEMENT: The Court will hold a conference on 10/27/2025 at 02:30 via telephone. So Ordered.,
October 9th, 2025
JOINT LETTER addressed to Judge Kenneth M. Karas from Nicolas J. Rotsko dated October 9, 2025 re: Proposing Two Options. Document filed by J. Mark Lane, James Sears..
