Attorneys representing the plaintiffs in a federal court challenge to New York’s ban on so-called “assault weapons” have filed a brief seeking summary judgment in the case, which is supported by the Second Amendment Foundation. The case is known as Lane v. Rocah.
SAF and the Firearms Policy Coalition have supported the case since it was filed in December 2022. Plaintiffs J. Mark Lane and James Sears are represented by attorneys Cody Wisniewski, Adam Kraut, who is also SAF’s executive director, and Nicolas J. Rotsko. The brief was filed in U.S. District Court for the Southern District of New York.
“Because New York has banned an entire class of firearms that are in common use across the country,” said SAF founder and Executive Vice President Alan M. Gottlieb, “and there is no historical evidence that could possibly justify such a law, we are continuing to support this case and believe the court should grant summary judgment.
“Both Lane and Sears are law-abiding New York residents who wish to own modern semiautomatic sport-utility rifles such as the AR-15, for lawful purposes including target shooting and home defense,” he explained. “Millions of citizens across the country own such rifles, yet in the Empire State, citizens face the threat of arrest, confiscation, prosecution, fines and imprisonment for lawfully possessing these popular firearms.”
As noted in the brief, “Because only dangerous and unusual weapons can be banned, it follows that arms ‘in common use at the time’ are protected (by the Second Amendment). After all, an arm that is in common use cannot be both dangerous and unusual.”
SAF Executive Director Adam Kraut stated, “Because modern semi-automatic rifles are not dangerous or unusual, and because they are commonly owned, the Court should grant judgment in Plaintiffs favor, declare the Firearm Ban unconstitutional, and enjoin its enforcement.”
About the Second Amendment Foundation
The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 720,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.
