http://www.nysrpa.org/files/SAFENoticeOfClaim.pdf
THE NEW YORK STATE RIFLE & PISTOLASSOCIATION,
WESTCHESTER COUNTYFIREARMS OWNERS ASSOCIATION,
SPORTSMEN’S ASSOCIATION FOR FIREARMSEDUCATION, INC.,
and*AR15.COM LLC,
Plaintiffs,-against- NOTICE OF CLAIM THE STATE OF NEW YORK
THE NEW YORK STATE RIFLE & PISTOLASSOCIATION,
WESTCHESTER COUNTYFIREARMS OWNERS ASSOCIATION,
SPORTSMEN’S ASSOCIATION FOR FIREARMSEDUCATION, INC.,
and*AR15.COM LLC,
Plaintiffs,-against- NOTICE OF CLAIM THE STATE OF NEW YORK
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 anduse firearms for self-defense and other lawful purposes;B. violates their constitutional rights to privacy;C. impermissibly interferes with and infringes upon their fundamental constitutionalrights 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 priorto the legislation’s passage and enforcement, and in which the plaintiff’s had a cognizable property3interest. The outright criminalization and ban of these firearms, ammunition and large capacityfeeding devices amounts to a deprivation and taking of them by the State of New York under colorof law and without due process or just compensation. As such, passage and enforcement of the NYSAFE Act effectuates an unconstitutional taking of private property under the Fifth and FourteenthAmendments to the U.S. Constitution;E. unlawfully and unconstitutionally imposes restrictions on the ability of the plaintiffsto 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 capacityfeeding 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, inviolation of the Fourteenth Amendment of the U.S. Constitution;G. deprives the plaintiffs of the equal protection of the laws, in violation of theFourteenth Amendment of the U.S. Constitution;H. was passed and is being continuously enforced with the ongoing tortious intent toharass, harm, impede, interfere with, disrupt, interrupt, and/or destroy the present and futurebusiness 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; andI. the legislation is impermissibly vague and overbroad.III. ITEMS OF DAMAGE / INJURIES SUSTAINEDA. Violation of rights guaranteed to the plaintiffs by the U.S. Constitution and the NewYork Sate Constitution.B. Deprivation of property rights and property values.4C. Interference with business relations, business activities, and business contractsrelating to the design of, manufacture of, distribution of, sale of, possession of, and/or training inthe safe and lawful firearms, ammunition, and/or large capacity feeding devices.IV. AMOUNT OF DAMAGES TO WHICH PLAINTIFFS ARE ENTITLEDPlaintiffs are not seeking monetary damages. Plaintiffs are seeking injunctive relief againstthe ongoing enforcement of the NYS SAFE Act, and declaratory relief the NYS SAFE Act isunconstitutional.
