Hamburg area Attorney Prepares Class Action Suit Against NYS Gun Law
(WBEN) A Western New York Attorney expects to have a class action lawsuit filed within the next three weeks, challenging New York State's new gun and ammo restrictions in federal court.
"What we want to do is make sure the rights of law abiding gun owners in New York State are protected, without regard to what their status is.,"says Attorney James Tresmond of Hamburg.
Tresmond says he has been contacted by almost 8,000 gun owners wanting to be a part of the suit, and several attorneys willing to aid in the lawsuit.
"We have people who are gun owners for 20, 30 years, law abiding folks who feel that their rights are being affected by this law. After we review it will will decide which way we are going to go to attack it but we will be looking at filing a lawsuit in federal district court within the next three or four weeks," Tresmond said.
New York Gov. Andrew Cuomo on Tuesday signed into law the toughest gun control law in the nation, and the first since the Connecticut school shootings. The law includes a tougher assault-weapons ban and provisions to try to keep guns out of the hands of mentally ill people who make threats.
Besides outlawing a broader array of military-style weapons, the measure restricts ammunition magazines to seven rounds, down from the current 10, creates a more comprehensive database of people barred from owning guns, and makes New York the first state to require background checks to buy bullets. The system will also help flag customers who buy large amounts of ammo.
" We will be looking at the Second amendment, we are looking at the Fifth amendment, and previously decided cases," Tresmond said, adding that those who would like to reach him to become part of the class may email email@example.com.