Legal action against Cuomo gun law
NYSRPA, in co-operation with the NRA, has filed a lawsuit in federal court challenging the SAFE Act on constitutional grounds. Involved with the suit are some of the nations most experienced 2nd Amendment attorneys. We ask that no other 3rd party legal action be taken without prior consultation. We realize that this law impacts a very large number of people, but this is an extremely important case and must be handled properly with the best lawyers.
Here is a copy of the legal filing (pdf).
March 21, 2013: Initial filing.
April 22, 2013: NRA files a Amicus Curiae in support of our lawsuit.
May 15, 2013: We have filed both a Complaint and an Amended Complaint in the USDC for the Western District of New York. Our Amended Complaint claims that the SAFE Act is unconstitutional in that it violates the Second Amendment, the Equal Protection Clause, and is unconstitutionally vague. Subsequent to the filing of our Amended Complaint, we filed a Motion for Preliminary Injunction asking the Court to Order all defendants to cease the enforcement and prosecution of the SAFE Act. The Court has not yet decided our request. After a hearing to establish a briefing schedule, Judge William Skretny issued a Scheduling Order. Under the Order, the following deadlines were set: the time for all defendants to file an Answer to the Amended Complaint was stayed until June 7. All defendants have until June 7 to respond to our motion for preliminary injunction or cross-move for dispositive relief; The plaintiffs have until July 8 to oppose any cross-motion by the defense and/or reply to any opposition to the motion for PI; and the defendants' time to reply to any opposition filed by the plaintiffs was not decided, but will be addressed by the Court at a later date. The Court set August 23rd as the next date for the parties to return to court, characterizing this date as a "status conference/hearing date, with emphasis for now on status conference." To date we have spent $164,000 on the suit and have received an additional $80,000 from the NRA Civil Rights Defense Fund.
Please do not call or e-mail the office or directors asking for more information. Any announcements will be published here on our website.