NRA Sues NY for ‘Effectively and Indefinitely’ Suspending Part of the 2nd Amendment

The National Rifle Association is suing New York state for launching what it calls “pointless and arbitrary attack on the constitutional rights of New York citizens” by closing gun stores as part of Democratic Gov. Andrew Cuomo’s edict to deal with the coronavirus.

On March 20, Cuomo issued an executive order stating that only what he deemed essential businesses could operate.

Gun stores were not on that list, which the NRA’s lawsuit said “effectively and indefinitely suspended a key component of the Second Amendment.”

“This lawsuit redresses a pointless and arbitrary attack on the constitutional rights of New York citizens and residents,” the suit said.

“Defendant Cuomo effectively and indefinitely suspended a key component of the Second Amendment to the United States Constitution – shutting down all gun stores in the State of New York, including federally licensed gun stores, by deeming them ‘non-essential’ businesses.”

On March 28, the U.S. Department of Homeland Security issued its own guidance delineating which workers were essential and which were not.

“Workers supporting the operation of firearm or ammunition product manufacturers, retailers, importers, distributors, and shooting ranges” were deemed essential, according to the document.

The federal guidance resulted in some areas, such as New Jersey and Los Angeles County in California, which had originally ordered gun stores shuttered, to allow them to open back up.

That has not happened in New York state, prompting the lawsuit.

“There isn’t a single person who has ever used a gun for self-defense who would consider it nonessential,” Wayne LaPierre, CEO & executive vice president of the NRA, said in a statement on the NRA’s website.

“This is clearly another assault by Gov. Cuomo on the NRA, on the rights of New Yorkers to defend themselves and their families, and on our Second Amendment freedoms. The NRA will continue to fight all such attacks until Gov. Cuomo recognizes that constitutional rights are for every New Yorker and every American – and not just for politicians and their privileged friends.”

The lawsuit argued that “Citizens of New York (with few exceptions) can only purchase firearms through a regulatory patchwork entailing federally-licensed dealers and background checks. By closing federally licensed dealers, Defendants have cut off the only way of legally purchasing firearms in the State. As a result of the government’s overreach, most New Yorkers have no legal way to exercise the constitutional right to purchase arms or ammunition.”

“The United States Supreme Court recognizes that the right to keep and bear arms is fundamental and belongs to the individual, not the government. Moreover, a core purpose of that right is self defense,” it added.

“The current public health emergency does not justify impeding the exercise of Second Amendment rights, especially during a time when many New Yorkers have valid concerns about the ability of the government to maintain order – and criminals are being prematurely released from jails,” the lawsuit said, noting the federal guidance issued March 28 by the DHS.

The lawsuit said there is a clear and present public safety danger to New Yorkers in the current crisis.

“Many New York citizens and residents desiring to purchase firearms and ammunition have experienced empty shelves, long lines and tense atmospheres while shopping for other essential goods,” the lawsuit said.

“They have read about the release of thousands of prisoners by state officials, and they are concerned about the ability of police forces to maintain order when officers fear contact with COVID-19 or have fallen ill themselves.

“The desire of these New Yorkers to purchase firearms and ammunition to protect themselves and their families is rational and well-founded. More importantly, Defendants do not have the right to substitute their own judgment for that of individuals who might want to purchase firearms and ammunition, or to declare that the Second Amendment does not apply until further notice.”

New York State Attorney General Letitia James indicated the state has no intention of allowing gun stores to reopen.

But the lawsuit indicated that shuttering gun stores goes beyond what is necessary to deal with the virus.

“Defendants’ closure of firearms retailers is a cynical and pretextual attack on the Second Amendment rights of the people of New York,” the lawsuit said, noting that Cuomo has considered as essential “sales of goods such as liquor, pizza, coffee, donuts, and luxury condominiums.”

“History reminds us that incursions upon constitutional liberties which are rationalized in the midst of an emergency frequently linger longer, and do more harm, than the emergency itself,” the suit said.

“Reasonable steps to prevent the spread of the COVID-19 coronavirus do not include the suspension of the Second Amendment.

“Plaintiff asks the Court to declare that the Second Amendment right to bear arms requires that citizens and residents of New York be afforded reasonable access to purchase firearms and ammunition, and to prohibit Defendants from needlessly forcing gun stores to remain closed.”

This article appeared originally on The Western Journal.

 

via thefederalistpapers

6 comments

  1. Ok you people of the nra and shut up no one need to be out buying guns period in ny or anyplace in this county right now. A gun is not going to stop a virus assholes. So cork it and grow up and deal with it as my mother would say and she was a teacher. Plus my family has fought for your rights in wars back to the revolutionary war so you can have rights like the second amendment
    And now it needs to change so no more school children worry about getting shot in there schools No one needs to have a gun period if your not aim the police force or the military or to go deer hunting for that you only need a rifle not an ak rifle
    So grow up babies and stop all you shit

    1. So much hate and vitriol, my, my, my! Sorry to bust your bubble, but it is in times like this that breakdowns of social order and civil unrest tend to happen. It is not about stopping the virus. Right now tensions are already high because of shortages caused by hoarding and panic buying. If the supply lines get completely disrupted, it’ll be complete chaos, particularly in the larger population centers. People have a basic human right to defend themselves and their property.
      Obviously you don’t know anything about guns or hunting, let alone the reasons for the 2nd Amendment. Do you know mostly in what places, historically, only the police and the military owned guns. Try the Soviet Union, Cuba, Nazi Germany, and other despotic regimes. In other places where private ownership of firearms has been prohibited, violent crime went up after the ban.

    2. Margie, my mother wasn’t a teacher, but my spelling and grammar is far better than yours.
      I am also a descendant of a veteran of one who fought for the colonies in the war that gained our freedom from England, but it is knowledge that gives us a proper perspective, not ancestry.
      Never forget that the Bill of Rights was written to protect the people from the government, and that every corrupt government in history begun their reign of terror by disarming the citizens. Have you forgotten what happened to the six million Jews after the Nazis disarmed them?
      Also keep in mind that the people (and their political party) that seeks to destroy the Second Amendment are the same demonic monsters that support the murder of children, prior to and shortly after birth. God knows who is right and who is wrong, and I would suggest that you do not align yourself with the wrong (left) side.

  2. The New York democrats are obviously ignoring some real facts:
    1. The Second Amendment is a component part of the Bill or Rights.
    2. The last four words of the Second Amendment are “shall not be infringed.”
    3. Every political office holder takes an oath of office to “support and defend the Constitution against all enemies, foreign and domestic.”
    4. The Bill of Rights is part of the Constitution.
    5. Violation of the oath of office constitutes a LIE, and should subject the liar to removal from office.
    6. A lie is also a violation of the Ten Commandments, which makes achieving salvation for these enemies of God and country quite difficult.

  3. Since when was the sale of liquor essential? Are there really people that act like that big bird that will bury it’s head in the sand when it sees trouble coming?

  4. What a really stupid ignorant individual. Thinking guns are bad like they are going to run down the street after someone shooting at them all by themselves. Gun possession is our right under the second amendment of the Constitution. It does not make shit if you like it or think it should be so. It is so and will continue to be so as long as we have a free Country. People like you are the reason we will lose this Country one day to socialism or the like. Then you will see and understand the reason why real Americans believe in the second amendment. Only people that have grown up shut off in a closed world have not been exposed to firearms. This knowledge is important to all Americans. Anti-Americans like you need to move to China or similar Country of your liking.

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