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Lesser-known SAFE Act lawsuit raises unique points and risks for gun rights

2nd Amend.

Lesser-known SAFE Act lawsuit raises unique points and risks for gun rights

Should Razzano defer to the big guns and take one for the team, or should his action be welcomed and supported?
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While the gun rights community is focused on the National Rifle Association-backed New York State Rifle and Pistol Association lawsuit challenging New York’s Secure Ammunition and Firearms Enforcement (SAFE) Act, a lesser-known complaint has also been filed that is not without both promise and controversy, especially considering NYSRP has specifically pleaded “We ask that no other 3rd party legal action be taken without prior consultation. We realize that this law impacts a very large number of people, but this is an extremely important case and must be handled properly with the best lawyers.”

The point is well taken, especially as judicial recognition of what controls are considered “lawful” can be established that other courts throughout the land will then rely on. That’s assuming there is no conflict which the Supreme Court can later rule on, or as importantly, a ruling they will decline to hear on appeal. Add to that NYSRP’s legal team, which includes scholar and author Stephen P. Halbrook, and even the most well-intentioned of independent challenges can raise fears that they’re going to mess things up and force bad precedent on us all.

So what do we do when such a challenge happens anyway? For starters, we do ourselves no favors by ignoring it. And examining it, we just may gain valuable insights, both in terms of legal points and in terms of how gun owners, as a community, can best ensure our rights are protected and advanced when a surprise plaintiff enters the fray.

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