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.
