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
To access all of the case documents, please visit the docket.