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SAF FILES FOR SUMMARY JUDGMENT IN CHALLENGE TO N.Y. GUN BAN

March 16, 2024
in 2nd Amendment
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BELLEVUE, WA – Attorneys representing the plaintiffs in a federal courtroom problem to New York’s ban on so-called “assault weapons” have filed a quick looking for abstract judgment within the case, which is supported by the Second Modification Basis. The case is called Lane v. Rocah.

SAF and the Firearms Coverage Coalition have supported the case because it was filed in December 2022. Plaintiffs J. Mark Lane and James Sears are represented by attorneys Cody Wisniewski, Adam Kraut, who can also be SAF’s government director, and Nicolas J. Rotsko. The temporary was filed in U.S. District Court docket for the Southern District of New York.

“As a result of New York has banned a complete class of firearms which are in frequent use throughout the nation,” stated SAF founder and Government Vice President Alan M. Gottlieb, “and there’s no historic proof that might presumably justify such a regulation, we’re persevering with to help this case and consider the courtroom ought to grant abstract judgment.

“Each Lane and Sears are law-abiding New York residents who want to personal trendy semiautomatic sport-utility rifles such because the AR-15, for lawful functions together with goal capturing and residential protection,” he defined. “Thousands and thousands of residents throughout the nation personal such rifles, but within the Empire State, residents face the specter of arrest, confiscation, prosecution, fines and imprisonment for lawfully possessing these fashionable firearms.”

As famous within the temporary, “As a result of solely harmful and weird weapons could be banned, it follows that arms ‘in frequent use on the time’ are protected (by the Second Modification). In any case, an arm that’s in frequent use can’t be each harmful and weird.”

SAF Government Director Adam Kraut acknowledged, “As a result of trendy semi-automatic rifles are usually not harmful or uncommon, and since they’re generally owned, the Court docket ought to grant judgment in Plaintiffs favor, declare the Firearm Ban unconstitutional, and enjoin its enforcement.”

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