March 22, 2013
The New York affiliate of the National Rifle Association on Thursday requested an injunction to stop the state from denying residents their Second Amendment right and 14th Amendment right to equal protection under the law.
Joe Biden and Michael Bloomberg rally in favor of expanded gun laws at the New York City Hall on Thursday.
Governor Andrew Cuomo and State Attorney General Eric Schneiderman are named in the lawsuit.
The NRA lawsuit claims New York’s recently enacted anti-gun legislation violates the constitutional rights of “law-abiding citizens to keep commonly possessed firearms in the home for defense of self and family and for other lawful purposes.”
The lawsuit neglects to mention the primary reason the founders included the Second Amendment in the Bill of Rights – as a bulwark against tyranny.
“It protects the right to shoot tyrants, and it protects the right to shoot at them effectively, with the same instruments they would use upon us,” a former judge of the Superior Court of New Jersey, Andrew Napolitano , wrote in January before the New York governor and the state legislature pushed through the most restrictive and draconian anti-Second Amendment law in the nation.
The lawsuit targets New York’s unconstitutional ban on so-called “high-capacity” magazines and semiautomatic firearms erroneously classified as “assault weapons.”
“Criminals have and use magazines without any limitation in capacity,” the lawsuit contends. “The act’s provisions on magazines put law-abiding citizens at a grave disadvantage to criminals, who will not comply with the seven-round limit.”
It says the phrase “assault weapons” is “a pejorative term” used “to describe countless numbers of rifles, handguns and shotguns that were commonly possessed under prior law.”
The NRA is not challenging other provisions of the law, namely tougher penalties for gun crimes.