TO: THE ATTORNEY GENERAL OF THE STATE OF NEW YORK
PLEASE TAKE NOTICE that THE NEW YORK STATE RIFLE & PISTOL
ASSOCIATION, THE WESTCHESTER COUNTY FIREARMS OWNERS ASSOCIATION, THE
SPORTSMEN’S ASSOCIATION FOR FIREARMS EDUCATION, INC., and AR15.COM LLC, by and through their counsel, GOLDBERG SEGALLA, LLP, hereby serve notice that they intend to file a claim against THE STATE OF NEW YORK pursuant to General Municipal Law section 50-e....
I. TIME & PLACE WHERE CLAIM(S) AROSE
The claims of the plaintiffs arose with the passage of legislation on January 14th, 2013, (identified as New York Senate Bill 2230, New York Assembly Bill 2388, and collectively known as “the New York Secure Ammunition and Firearms Act (“NY SAFE Act”))...
II. NATURE OF CLAIM(S)
Plaintiffs claim that passage and enforcement of the aforementioned legislation:
A. violates their fundamental constitutional rights to lawfully possess, keep, bear and use firearms for self-defense and other lawful purposes;
B. violates their constitutional rights to privacy;
C. impermissibly interferes with and infringes upon their fundamental constitutional rights to travel both intra-state and inter-state with lawfully possessed firearms;
D. unconstitutionally criminalizes and bans the possession of certain firearms, ammunition and large capacity feeding devices that were legally possessed prior by plaintiffs prior to the legislation’s passage and enforcement, and in which the plaintiff’s had a cognizable property interest. The outright criminalization and ban of these firearms, ammunition and large capacity feeding devices amounts to a deprivation and taking of them by the State of New York under color of law and without due process or just compensation. As such, passage and enforcement of the NY SAFE Act effectuates an unconstitutional taking of private property under the Fifth and Fourteenth Amendments to the U.S. Constitution;
E. unlawfully and unconstitutionally imposes restrictions on the ability of the plaintiffs to conduct business on both inter-state and intra-state levels with the designers of, manufacturers of, sellers of, distributors of, and purchasers of certain firearms, ammunition, and large capacity feeding devices, all in violation of the Commerce Clause of the U.S. Constitution;
F. deprives the plaintiffs of life, liberty and/or property without due process of law, in violation of the Fourteenth Amendment of the U.S. Constitution;
G. deprives the plaintiffs of the equal protection of the laws, in violation of the Fourteenth Amendment of the U.S. Constitution;
H. was passed and is being continuously enforced with the ongoing tortious intent to harass, harm, impede, interfere with, disrupt, interrupt, and/or destroy the present and future business and commercial activities of those plaintiffs who engage in the design of, manufacture of, distribution of, sale of, possession of, and/or training in the safe and lawful use of firearms, ammunition, and/or large capacity feeding devices; and
I. the legislation is impermissibly vague and overbroad.
III. ITEMS OF DAMAGE / INJURIES SUSTAINED
A. Violation of rights guaranteed to the plaintiffs by the U.S. Constitution and the New York State Constitution.
B. Deprivation of property rights and property values.
C. Interference with business relations, business activities, and business contracts relating to the design of, manufacture of, distribution of, sale of, possession of, and/or training in the safe and lawful firearms, ammunition, and/or large capacity feeding devices.
IV. AMOUNT OF DAMAGES TO WHICH PLAINTIFFS ARE ENTITLED
Plaintiffs are not seeking monetary damages. Plaintiffs are seeking injunctive relief against the ongoing enforcement of the NYS SAFE Act, and declaratory relief the NYS SAFE Act is unconstitutional.