In New York, the State Constitution make no mention of the right to bear arms.
Instead, New York Civil Rights Law art. II, Section 4 provides that “ a well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms cannot be infringed.”
According to New York courts, the right conferred by the Second Amendment – and, by extension, section four– “is not absolute and may be limited by reasonable governmental restrictions.
They reasoned that the state law “does not effect a complete ban on handguns and is, therefore, not a ‘severe restriction’ improperly infringing upon Second Amendment rights. Moreover, New York’s licensing requirement remains an acceptable means of regulating the possession of firearms and will not contravene Heller so long as it is not enforced in an arbitrary and capricious manner. (Arbitrary and Capricious means doing something according to one’s will or caprice and therefore conveying a notion of a tendency to abuse the possession of power.)
Was the NYSAFE Act passed in an arbitrary and capricious manner?
Can any of the provisions of the NY SAFE act be considered arbitrary and capricious? ( How about the definition of "Assault Weapons for one or mandating the use of a Seven Round Magazine which does not exist for another)
Can any of the provisions of the NY SAFE ACT be considered a severe restriction?
Does the new law effect a complete ban on certain rifles?
If the State is violating our Civil Rights what is the penalty?