A Hamburg attorney is part of a group of lawyers across New York State that is preparing a lawsuit to fight Gov. Andrew M. Cuomo’s new gun control laws.
Jim Tresmond said the coalition of attorneys is targeting how the just-passed SAFE Act violates the Fifth Amendment, which protects against abuse of government authority in a legal procedure.
The government, Tresmond said, “is restricted from taking anything without due process or without just compensation for what is being taken.”
Cuomo’s gun legislation put an outright ban on high-capacity magazine clips, for instance. Any clip sold in the state can now only have the capacity to hold seven rounds, and gun owners with existing 10-round clips can load only seven rounds in them.
The new legislation also bans semiautomatic weapons with one or more military-style feature from being sold, but current owners of such firearms are allowed to keep them, as long as they register them within a year. Owners of such weapons are allowed to sell such weapons out of state.
“The way we view it,” Tresmond said, “we’re just one tick away from [the government] taking everything. If we allow the government to go ahead and take anything without due process, without just compensation, that’s an erosion of our civil rights.”
The attorneys have not determined whether they will file the suit at the state or federal level. They expect it will be ready in three to four weeks.
“We’re reviewing the legislation very carefully right now,” he said. “How the government will go about identifying people now with illegal clips, how they are being compelled to turn them in, sell them out of state, register [firearms], we’re reviewing that.”