Backlash against New York’s new sweeping anti-gun law


From Reuters:

Lawsuit targets New York’s post-Sandy Hook gun law

Wed, Jan 30 2013

By Daniel Wiessner

ALBANY, New York (Reuters) – Two gun owners have filed a lawsuit seeking to overturn New York state’s sweeping new gun-control law, enacted after the mass shooting at the Sandy Hook elementary school in Connecticut.

The suit, filed on Tuesday in state Supreme Court in Erie County, is apparently the first to challenge the crackdown on firearms championed by Governor Andrew Cuomo.

Attorney James Tresmond, who is representing the gun owners, asked state Supreme Court Justice Diane Devlin to enjoin the law pending the state’s response.

The law was passed on January 15, making New York the first state to enact tougher gun regulations after a gunman shot dead 20 students and six staff members last month at the Sandy Hook school in Newtown, Connecticut.

The law bans assault weapons and magazines that hold more than seven rounds of ammunition, requires gun owners to register most guns with the state and requires universal background checks, among other provisions.

The law also authorizes law enforcement to confiscate guns owned by a

mentally ill person, if a mental health professional believes the person poses a threat to himself or others.

“A number of constitutional rights were just tossed aside here,” Tresmond said on Wednesday.

Who didn’t expect the NY law to be challenged?

One provision the story doesn’t mention is that New York residents who own magazines that hold more than 10 rounds now have one year to travel out-of-state and sell them.

Attorneys I know say this is another key constitutional issue, as the government is forcing people to rid themselves of their property without offering compensation.

It’s like an eminent domain case, when a government forces a homeowner to move to make way for a new freeway. The homeowner is offered fair market value for their property, unlike the gun owners in New York, who are told to sell off their mags in another state or face a Class E Felony.

Keep in mind any felony conviction serves as a bar to firearms ownership.


About Author

Lee Williams can’t remember a time in his life when he wasn’t shooting. Before becoming a journalist, Lee served in the Army and worked as a police officer. He’s earned more than a dozen journalism awards as a reporter, and three medals of valor as a cop. He is an NRA-certified law enforcement firearms instructor, an avid tactical shooter and a training junkie. When he’s not busy as a senior investigative reporter, he is usually shooting his AKs, XDs and CZs. If you don’t run into him at a local gun range, you can reach him at 941.284.8553, by email, or by regular mail to 1777 Main St., Sarasota, FL 34236. You can follow him on Twitter: @HT_GunWriter and on Facebook @The Gun Writer.

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