SAFE lawsuit update

Here is the latest update on NYSRPA’s lawsuit against the SAFE Act:

  • 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 23 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 NYSRPA has spent $164,000 on the suit and have received an additional $80,000 from the NRA Civil Rights Defense Fund.
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22 thoughts on “SAFE lawsuit update

  1. Thank you so much New York State rifle and pistol Association For everything that you were doing!!!! If I win this 370 million Dollar Powerball… I will personally finance your lawsuit!! 😉 All of New York as well as the rest of the country is behind you!!!

  2. Thanks for the update. Its ridiculous that our rights are taken away so fast and it takes so long to get them back. And Cuomo gets away with it. He should be arrested for this!

  3. And let’s not forget, that under the Civil Rights Attorney’s Fees Award Act, if you sue the government for violating your Constitutional rights and you win, the government must pay the attorneys fee.

  4. PLAESE get these people out of office. i will leave N.Y., but wife wife won’t. So i maybe getting a divorce over this.

  5. I’m a California gun owner and i am praying for you folks to get these misguided, rotten laws overturned! I was born and raised on long island back in the 1960’s and it its shocking how the state has been highjacked by bad people like Cuomo and Bloomberg! Your fight against these tyrants is just and you are doing what is right!

  6. Thank you NYSRPA for all of your efforts to safeguard our Second Amendment rights. All citizens, gun owners and non-gun owners are depending on you. Victory in NY will have profound results across our great nation!

  7. Jacob,

    Thank you and to Mr. King for all your help! As a member of NYSPRA I hope this suit is suscessfull! I know that to PAY that much money for a lawyer, you should get the results that you want. Hopefully this will stick it up Andy’s “u know what”. Thank You again!

  8. Is it possible to hold Como and his conspirators liable for the cost of fighting this “law” ?
    If not what is to stop the same thing from happening again, and again?
    Lets face it this issue will not go away, our constitutional freedoms are under constant siege once the 2nd amendment falls the others will follow without a struggle.
    There is now discussion of arming Syria rebels to fight their oppressors. Lets not give away our rights, no one will arm us once we are disarmed.

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