We hold that the core provisions of the New York and Connecticut laws prohibiting possession of semiautomatic assault weapons and large‐capacity magazines do not violate the Second Amendment, and that the challenged individual provisions are not void for vagueness. The particular provision of New York’s law regulating load limits, however, does not survive the requisite scrutiny. One further specific provision—Connecticut’s prohibition on the non‐semiautomatic Remington 7615—unconstitutionally infringes upon the Second Amendment right. Accordingly, we AFFIRM in part the judgment of the District Court for the District of Connecticut insofar as it upheld the prohibition of semiautomatic assault weapons and large‐capacity magazines, and REVERSE in part its holding with respect to the Remington 7615. With respect to Case 14-36, Document 330-1, 10/19/2015, 1621732, Page5 of 57 the judgment of the District Court for the Western District of New York, we REVERSE in part certain vagueness holdings, and we otherwise AFFIRM that judgment insofar as it upheld the prohibition of semiautomatic assault weapons and large‐capacity magazines and invalidated the load limit.
Read the full NYSRAP vs Cuomo OPINION 10192015.
SOURCE :: Paloma A. Capanna, Law and Policy