WHITE PLAINS, N.Y. (Legal Newsline) — The State of New York is facing a class action lawsuit alleging the state's semiautomatic weapon ban is unconstitutional.
J. Mark Lane and James Sears filed a complaint Dec. 30 in the U.S. District Court for the Southern District of New York against state Attorney General Letittia James, State Police Superintendent Steven Nigrelli and Westchester County District Attorney Miriam Rocah, alleging violation of the Second Amendment and other claims.
The plaintiffs, who are Westchester County residents, allege that New York's "Semiautomatic Firearm Ban" enforces a "flat prohibition" on the manufacturing, possession, transport and disposal of semiautomatic weapons. They claim the law makes it a criminal offense for "law-abiding" and "peaceful citizens" to exercise their right to keep and bear arms.
The plaintiffs further claim that New York's law mischaracterizes them as "assault weapons" and bans features including telescoping stocks and protruding grips. The suit says gun owners use the weapons for sport shooting, hunting and recreational target shooting. Plaintiffs also claim there is "no constitutionally relevant" differences in semiautomatic handguns, shotguns and rifles and that the state's ban shuts out "ordinary, law-abiding citizens from exercising their constitutional rights in New York."
The plaintiffs are represented by Cody Wisniewski of The Firearms Policy Coalition Inc., in Las Vegas, Adam Kraut of the The Firearms Policy Coalition Inc., in Bellevue, Washington, and Nicolas Rotsko and Sam Williams of Phillips Lytle LLP in Buffalo, New York.
U.S. District Court for the Southern District of New York case number 7:22-CV-10989