This just in at TTAG command central: the New York Supreme Court has stated that they will issue an injunction against the new SAFE Act on April 29th—unless the state can prove that the law is constitutional. This puts the burden of proof on the state of New York to show the Act is legal under the newly re-affirmed provisions of the Second Amendment, which is impossible. From WKTV . . .
The Buffalo-based attorney who is spear-heading a lawsuit against Governor Andrew Cuomo’s recent gun laws said that Wednesday was “monumental,” as a State Supreme Court Justice issued an order requiring New York State to show good cause that the law is constitutional.
New York State has until April 29 to respond or else an injunction will be issued.
Bear in mind that the U.S. Supreme Court recently ruled that firearms “in common usage” cannot be restricted. And since the NY SAFE Act’s entire purpose is to restrict ownership of the single most popular firearm in the United States, there’s no way they can make a case that their law complies with the Second Amendment. If this injunction is upheld, then it opens the door for New Yorkers to challenge the standing “assault weapons” ban and other gun laws as well.
We’ll bring you more as the story develops.