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SAFE Act Restrictions on Ownership of Assault Rifles and Ammunition Feeding Devices Constitutional

The Third Department, in a full-fledged opinion by Justice Devine, determined that the restrictions on ownership of assault rifles and ammunition feeding devices in the “SAFE Act” furthered the substantial, compelling, governmental interests in public safety and crime prevention and, therefore, are constitutional:

We will accept, for purposes of discussion, that the SAFE Act substantially burdens the right to keep and bear arms so as to subject it to Second Amendment scrutiny … . We will also assume, although it is debatable, that the weapons and feeding devices addressed by the SAFE Act are not the type of dangerous and exotic weaponry that merit no Second Amendment protection … . The question accordingly becomes whether the challenged provisions survive intermediate scrutiny, namely, whether they “bear[] a substantial relationship to the achievement of an important governmental objective” … .

With regard to the objective pursued, “New York has substantial, indeed compelling, governmental interests in public safety and crime prevention” … . [Plaintiffs] provided no proof to call the well-established premise behind the challenged provisions into question, namely, that the governmental interest in public safety is substantially furthered by reducing access to weapons designed to quickly fire significant amounts of ammunition and the ammunition feeding devices required to hold that ammunition … . Thus, we agree with Supreme Court that “[t]he core prohibitions . . . of assault weapons and large-capacity magazines [contained in the SAFE Act] do not violate the Second Amendment”… . Schulz v State of New York Exec., Andrew Cuomo, Governor, 2015 NY Slip Op 07728, 3rd Dept 10-22-15

 

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