{"id":99088,"date":"2024-01-04T23:45:31","date_gmt":"2024-01-05T05:45:31","guid":{"rendered":"https:\/\/milesfortis.com\/?p=99088"},"modified":"2024-01-04T23:46:15","modified_gmt":"2024-01-05T05:46:15","slug":"99088","status":"publish","type":"post","link":"https:\/\/milesfortis.com\/?p=99088","title":{"rendered":""},"content":{"rendered":"

Judge allows challenge to NY assault weapons ban to proceed<\/a><\/p>\n

A <\/span>federal judge is allowing a challenge to New York\u2019s assault weapons ban to proceed after he denied a motion to dismiss the lawsuit Thursday.<\/p>\n

Two people supported by gun rights advocacy groups sued New York officials in December 2022 over the state\u2019s ban on assault weapons, saying the law was \u201cinfringing the right of law-abiding, peaceable citizens to keep and bear commonly possessed firearms for defense of self and family and for other lawful purposes.\u201d U.S. District Judge Kenneth Karas sided with the individuals bringing the lawsuit\u00a0in a ruling<\/a> released Thursday, denying state officials\u2019 motion to dismiss the case.<\/p>\n

Attorneys for New York officials filed a motion in the Southern District of New York to dismiss the complaint in May, arguing that the court does not have the jurisdiction to address the plaintiffs\u2019 claims. The state officials\u2019 legal team said the individuals \u201cfail to establish that any injury-in-fact is traceable to the assault weapons ban\u201d because they do not say they hold a license required to buy a semiautomatic rifle.<\/p>\n

Karas dismissed the defendants\u2019 arguments in the ruling.<\/p>\n

\u201cWhile there may be serious questions about Plaintiffs\u2019 exemption argument, the Court need not address that question here because Plaintiffs adequately allege standing under Defendants\u2019 interpretation of the statute,\u201d Karas wrote.<\/p>\n

\u201cPut simply, Defendants have failed to explain how invalidating the Assault Weapons Ban would have no effect on the ability to obtain licenses for those same weapons,\u201d Karas added later in the ruling.<\/p>\n

The attorneys for the state officials also contended that the lawsuit should be dismissed because the individuals have not proved that they have \u201csuffered an injury-in-fact.\u201d Karas also pushed back on the argument, saying that the individuals \u201chave also demonstrated that they face a credible threat of enforcement if they follow through with attempting to acquire assault weapons.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"

Judge allows challenge to NY assault weapons ban to proceed A federal judge is allowing a challenge to New York\u2019s assault weapons ban to proceed after he denied a motion to dismiss the lawsuit Thursday. Two people supported by gun rights advocacy groups sued New York officials in December 2022 over the state\u2019s ban on … Continue reading “”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[23,8],"tags":[],"class_list":["post-99088","post","type-post","status-publish","format-standard","hentry","category-courts","category-rkba"],"_links":{"self":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/99088","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=99088"}],"version-history":[{"count":1,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/99088\/revisions"}],"predecessor-version":[{"id":99089,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/99088\/revisions\/99089"}],"wp:attachment":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=99088"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=99088"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=99088"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}