2013 began with New York passing a comprehensive upgrade of its already strong gun laws in response to the tragic shooting at Sandy Hook Elementary School.  And, a few days ago, 2013 ended with an incredible victory for smart gun laws, as a federal court largely upheld New York’s new law and rejected a lawsuit from the gun lobby.

The NY Secure Ammunition & Firearms Enforcement Act (known as the “NY SAFE Act”), strengthened many aspects of New York’s gun laws, including its bans on assault weapons and large capacity ammunition magazines.  The gun lobby predictably responded to their own failure to stop this law in the legislature with a lawsuit against the state of New York alleging–among other things–that the bans on assault weapons and large capacity ammunition magazines violate the Second Amendment.  The Law Center and our allies responded by filing an amicus brief supporting the law and arguing that the law is consistent with the Second Amendment and the Supreme Court’s decision in District of Columbia v. Heller.

In a decision released just last week, the court agreed, and upheld the ban on assault weapons and large capacity ammunition magazines.  After citing conflicting evidence, the court declined to decide whether assault weapons or large capacity ammunition magazines are in “common use,” a gun-lobby argument that claims that because assault weapons and large capacity magazines are allegedly prevalent that they are therefore protected by the Second Amendment under the Heller decision.  Instead, the court found that, whether or not these weapons are in common use, bans on assault weapons and large capacity ammunition magazines don’t prohibit gun owners from exercising their Second Amendment rights.  The court went on to hold that the bans on assault weapons and large capacity ammunition magazines were reasonably related to the state’s interest in protecting public safety given the widespread use of these weapons and magazines in mass shootings. Thus, the court upheld these restrictions.

Although the court did strike down a part of New York’s new gun safety law which prohibited a gun owner from loading more than seven rounds into a magazine at one time, the court’s rejection of the gun lobby’s main claims and their radical theories about the Second Amendment’s scope is a great victory for advocates of smart gun laws, that will surely have reverberations in similar cases pending in Connecticut, Maryland, Colorado, and California.1

For more, read some of the recent gun violence prevention success stories.


  1. The court also rejected most of the plaintiffs’ other challenges to the law, including claims that several provisions of the law were overly vague. However, it did strike down a provision banning semi-automatic rifles with “muzzle breaks” as overly vague since the legislation inadvertently failed to use the correct term, “muzzle brake.” A muzzle brake helps to prevent recoil and upward movement of the barrel of a gun during rapid fire. The court also struck down a provision prohibiting semi-automatic handguns that are “semi-automatic versions” of fully automatic firearms because it did not give sufficient notice of what specific kinds of guns were prohibited. ⤴︎