Federal Judge Lets Lawsuit Against New York Assault Weapons Prohibition to Go Forward
Jose Nino
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United States District Court Judge Kenneth Karas took sides with plaintiffs on January 4, 2023, which allowed their lawsuit against New York’s “Assault Weapons” prohibition to move forward.
Plaintiffs J. Mark Lane and James Sears argue “that New York’s ban on assault weapons (the “Assault Weapons Ban”) violates their Second Amendment rights as incorporated against New York State by the Fourteenth Amendment.”
The lawsuit said the following:
Plaintiffs are two Westchester residents who claim they intend to keep and bear assault weapons for various purposes, including home defense and target shooting. Lane, if allowed, would purchase a Springfield Armory Saint rifle, an AR-15 style gun fitted to accept a detachable magazine, with a telescoping stock, pistol grip, and muzzle device. And Sears, if allowed, would purchase a LMT MARS-L 5.56 rifle, another AR-15 style gun with the same characteristics.
Both of the plaintiffs are “citizens over 21 and allege that they are legally eligible under federal and state law to possess firearms.
“Both of them would immediately acquire their desired AR-15-model firearms were it not for New York’s enforcement of the Assault Weapons Ban and the associated threat of prosecution,” the lawsuit added.
The defendants in this case are Westchester County district attorney Miriam E. Rocah and acting superintendent of New York State Police Dominick L. Chiumento. They asserted that the plaintiffs’ complaints were “too vague.” In response, the plaintiffs demonstrated that despite their standing as lawful citizens who are not prevented from buying and legally owning other firearms, “they face a credible threat of enforcement if they follow through with attempting to acquire assault weapons.”
Rocah and Chiumento attempted to throw out the lawsuit, but their motion was rejected.
Despite its flaws, litigation appears to be the most viable way to push back against unconstitutional gun control measures. New York is the most anti-gun state in the nation according to Guns & Ammo magazine’s best states for gun owners rankings, where it is ranked in 51st place.
The state is under complete Democrat control, so any legislative approach to repealing gun control is simply not on the table. Gun owners will have to adjust and use the courts to restore their rights.
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