海角大神

New York's new gun law: How might the NRA challenge it in court?

Since a key US Supreme Court decision in 2008, challenges to gun laws have flooded the courts. One part of New York's law that is likely to be hotly debated: restrictions on high-capacity magazines.

|
Mike Groll/AP
New York Gov. Andrew Cuomo and legislative leaders applaud after Cuomo signed New York's Secure Ammunition and Firearms Enforcement Act into law during a ceremony in the Red Room at the Capitol on Tuesday, in Albany, N.Y.

The National Rifle Association says it will take to court New York鈥檚 tough new gun bill, signed into law by Gov. Andrew Cuomo (D) on Tuesday.

The new law, called New York Secure Ammunition and Firearms Enforcement Act or NY SAFE Act, is particularly tough on the high-capacity ammunition magazines used in semiautomatic assault rifles. Residents of the state will not be allowed to use magazines that carry more than seven rounds and will be required to sell, within a year, any magazines that hold eight or more rounds.

Outside experts expect the NRA will challenge the law as a violation of the Second Amendment, which protects the rights of citizens to own and bear arms.

Ever since the US Supreme Court鈥檚 2008 decision in District of Columbia v. Heller, in which the justices struck down a ban on owning handguns in Washington, D.C., challenges to gun laws have flooded the courts.

In its 5-to-4 decision, the high court said the District鈥檚 handgun prohibition, which started in 1976, violated the Second Amendment. But the court also left room for the District to put prohibitions on gun ownership by felons and the mentally ill.

鈥淪ince Heller there has been an onslaught of litigation,鈥 says Laura Cutilletta, a senior staff attorney at the Law Center to Prevent Gun Violence in San Francisco. 鈥淭he Supreme Court made clear the Second Amendment protects the right to defend yourself at home ... but the ruling pertained only to handguns, not any other weapon.鈥

Exactly where that leaves New York鈥檚 law is likely to be hotly debated.

A much earlier Supreme Court ruling, US v. Miller, protected the right to carry arms that are 鈥減art of ordinary military equipment鈥 or in common use, says Nicholas Johnson, a professor at Fordham University School of Law in New York.

There are now millions of AR-15s, an assault rifle, in use in the United States, he points out. 鈥淚t is now impossible to argue that the AR-15 is not a gun in common use,鈥 he argues.

Professor Johnson extends the argument to the magazines that hold the ammunition. There are probably hundreds of millions of high-capacity magazines in the world, he says. 鈥淐an you separate a gun from the magazine?鈥 he asks.

In fact, he questions whether New York鈥檚 law that mandates magazines of no more than seven rounds is a 鈥渂ackdoor鈥 way to ban guns, since the standard for the AR-15 is a 10-round magazine.

鈥淭hat could be part of the challenge,鈥 he says.

However, the Court of Appeals for the District of Columbia Circuit 鈥 one rung below the US Supreme Court 鈥 rejected a Second Amendment challenge to the District鈥檚 assault-weapons ban on the basis of 鈥渃ommon use,鈥 says Amanda Roth, a staff attorney at Ms. Cutilletta鈥檚 organization.

That court, she says, found that although semiautomatic weapons and large-capacity magazines are in common use, it is not clear that they are commonly used for lawful purposes protected by the Second Amendment 鈥 or whether the Second Amendment even applies to such items.

Even if the Second Amendment does apply, the Court of Appeals ruled that the ban is still constitutional. 鈥淸W]e are reasonably certain the prohibitions do not impose a substantial burden upon that [Second Amendment] right,鈥 the court wrote in October 2011.

The appeals court further ruled that banning assault weapons was in the District鈥檚 interest to protect police officers and control crime. And the court, citing the Heller case, said it appeared 鈥M-16 rifles and the like鈥 may be banned because they are 鈥渄angerous and unusual.鈥

The NRA was not officially involved in the appeals-court case, but the Second Amendment Foundation had joined, arguing in favor of striking down the weapons ban. It later dropped out of the case.

The group decided to direct its efforts elsewhere, says Phil Watson, director of special projects for the foundation, which is based in Bellevue, Wash. 鈥淚t was probably not a good case at the time,鈥 he says. 鈥淏ut we have dozens and dozens of cases going on.鈥

The D.C. appeals court is the highest judicial body to rule on that issue so far.

Johnson of Fordham Law doubts the appeals-court ruling will stop the NRA or Second Amendment Foundation from going to court over New York鈥檚 new law.

鈥淭here is a foundation for a serious fight,鈥 he says.

You've read  of  free articles. Subscribe to continue.
Real news can be honest, hopeful, credible, constructive.
海角大神 was founded in 1908 to lift the standard of journalism and uplift humanity. We aim to 鈥渟peak the truth in love.鈥 Our goal is not to tell you what to think, but to give you the essential knowledge and understanding to come to your own intelligent conclusions. Join us in this mission by subscribing.
QR Code to New York's new gun law: How might the NRA challenge it in court?
Read this article in
/USA/Politics/2013/0117/New-York-s-new-gun-law-How-might-the-NRA-challenge-it-in-court
QR Code to Subscription page
Start your subscription today
/subscribe