Judge allows challenge to NY assault weapons ban to proceed

A federal judge is allowing a challenge to New York’s 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’s ban on assault weapons, saying the law was “infringing 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.” U.S. District Judge Kenneth Karas sided with the individuals bringing the lawsuit in a ruling released Thursday, denying state officials’ motion to dismiss the case.

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’ claims. The state officials’ legal team said the individuals “fail to establish that any injury-in-fact is traceable to the assault weapons ban” because they do not say they hold a license required to buy a semiautomatic rifle.

Karas dismissed the defendants’ arguments in the ruling. 

“While there may be serious questions about Plaintiffs’ exemption argument, the Court need not address that question here because Plaintiffs adequately allege standing under Defendants’ interpretation of the statute,” Karas wrote.

“Put 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,” Karas added later in the ruling.

The attorneys for the state officials also contended that the lawsuit should be dismissed because the individuals have not proved that they have “suffered an injury-in-fact.” Karas also pushed back on the argument, saying that the individuals “have also demonstrated that they face a credible threat of enforcement if they follow through with attempting to acquire assault weapons.”