U.S. District Court Judge Kenneth Karas allowed a lawsuit against New York’s “Assault Weapons” ban to proceed, filed by two Westchester residents who claim that the ban violates their Second Amendment rights.
The plaintiffs intend to keep and bear assault weapons for various purposes, including home defense and target shooting, and are legally eligible under federal and state law to possess firearms.
“New York’s ban on assault weapons (the ‘Assault Weapons Ban’) violates their Second Amendment rights as incorporated against New York State by the Fourteenth Amendment,” plaintiffs J. Mark Lane and James Sears wrote. (Trending: Sports Icon Dies Suddenly At 56)
“Plaintiffs are two Westchester residents who claim they intend to keep and bear assault weapons for various purposes, including home defense and target shooting. Lane, if allowed, would purchase a Springfield Armory Saint rifle, an AR-15 style gun fitted to accept a detachable magazine, with a telescoping stock, pistol grip, and muzzle device. And Sears, if allowed, would purchase a LMT MARS-L 5.56 rifle, another AR-15 style gun with the same characteristics,” the suit reads.
Both are “citizens over 21 and allege that they are legally eligible under federal and state law to possess firearms.”
“Both of them would immediately acquire their desired AR-15-model firearms were it not for New York’s enforcement of the Assault Weapons Ban and the associated threat of prosecution,” the lawsuit added.
The defendants’ attempt to have the lawsuit dismissed was denied.
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