Gun Groups Legally Support Case Against NY So-Called “Assault Weapons” Ban

Attorneys representing two New York state residents challenging the state’s ban on so-called “assault weapons” have filed a memorandum in support of their earlier motion for summary judgment.

The Second Amendment Foundation (SAF) and Firearms Policy Coalition (FPC) are supporting the case, known as Lane v. Rocah. The case challenges the ban on so-called “assault weapons” in New York state. This motion also opposes a cross-motion from the defendants for summary judgment. Plaintiffs are represented by attorneys Adam Kraut at the Second Amendment Foundation in Bellevue, Wash., Cody J. Wisniewski in Las Vegas, and Nicholas J. Rotsko at FLUET in Tysons, Va. The memorandum was filed in U.S. District Court for the Southern District of New York.

In their memorandum, SAF attorneys show the state is relying on arguments which are either easily discredited, or essentially nullified by the Supreme Court’s Bruen ruling in 2022 which rejected “interest balancing” in tests of Second Amendment restrictions.

“The state is trying to make arguments which have already been rejected by the Supreme Court,” noted SAF founder and Executive Vice President Alan M. Gottlieb. “New York’s arguments reflect a stubborn resistance to the U.S. Supreme Court’s ruling in the 2022 Bruen ruling.”

“New York is arguing that modern semiautomatic rifles are ‘dangerous and unusual,’ merely because they resemble military weapons,” noted SAF Executive Director Adam Kraut. “Yet, such firearms are in common use across the country for all types of legitimate use, from personal and home defense to competition, hunting and recreational shooting.”