Gun-rights groups today are filing a notice of appeal of Tuesday’s decision that upheld most of New York’s gun-control law.
A federal court judge in Buffalo ruled that New York’s ban on assault weapons is constitutional, but the SAFE Act cannot limit a magazine to seven bullets.
The State Rifle & Pistol Association and other gun-rights groups are filing a notice of appeal, according to a copy obtained by Gannett’s Albany Bureau.
They were expected to appeal following Tuesday’s decision, and the sides anticipate the case may end up ultimately before the U.S. Supreme Court.
The State Rifle & Pistol Association and other gun-rights groups filed court papers in March to challenge the SAFE Act after it was passed in January by the state Legislature and signed into law by Gov. Andrew Cuomo. Cuomo championed the law as a response to the Newtown, Conn., school shootings a year ago.
Thomas King, president of the Rifle and Pistol Association, said Tuesday that he expected they would appeal the judge’s ruling.
“They just wanted to get this filed as quickly as possible to show the people that we were serious and that is not a flash in the pan and that we’re going to go after the whole SAFE ACT,” King said today.
The gun-rights groups won a partial victory, getting the seven-bullet limit tossed. The state hasn’t indicated whether it would appeal that part of the decision.
King said said they were encouraged that the judge noted that assault weapons are “commonly used for lawful purposes,” a statement that could help the group in the appeal.
The lawsuit claimed that the law infringed on “fundamental constitutional rights to lawfully possess, keep, bear and use firearms for self-defense and other lawful purposes.”
Plaintiffs in the case include the Westchester County Firearms Owners Association; Beikrich Ammunition Corp., based in East Rochester, Monroe County; and Blueline Tactical & Police Supply LLC, based in Elmsford, Westchester County.
Other plaintiffs include Assemblyman Bill Nojay, R-Pittsford, Monroe County; Thomas Galvin of Rochester, and Roger Horvath, of Mahopac, Putnam County, who is paralyzed. The lawsuit claimed that Horvath’s ability to use a gun to protect himself would be restricted under the law.
Here’s the appeal: