Chief Judge Gary Sharpe
Gov. Andrew Cuomo signed the Secure Ammunition and Firearms Enforcement Act (SAFE Act) into law on Jan. 15, 2013. As a result, Kampfer, who did not previously own an “assault weapon” was precluded from doing so. In response to Cuomo’s motion to dismiss Kampfer’s Jan. 23, 2013, complaint for failure to state a claim—and within 21 days of his complaint’s filing—Kampfer filed an amended complaint, and sought default under Federal Rule of Civil Procedure 55(a), due to Cuomo’s untimely reply to his amended complaint, which preceded Cuomo’s renewed dismissal motion. Vacating Cuomo’s default, district court dismissed Kampfer’s lawsuit. Discussing McDonald v. City of Chicago and United States v. Decastro the court concluded the SAFE Act did not substantially burden Kampfer’s exercise of his Second Amendment rights. He did not show that the parts of the SAFE Act restricting or prohibiting “assault weapons” were unconstitutional in all their application or that they lacked a legitimate purpose. The SAFE Act’s alteration of the definition of “assault weapon” and corresponding Penal Law sections restricting or prohibiting them, did not substantially burden the fundamental right to obtain a gun sufficient for self-defense.
