Brian Stapleton Quoted in "NY Gun Law Challenge to Feature Fight Over Ammo Monopoly," Law360 March 25, 2013

Brian T. Stapleton, lead partner in Goldberg Segalla’s Second Amendment Litigation and Gun-Related Issues Practice Group, was interviewed by Law360 following the March 21 filing of a federal lawsuit in Buffalo, N.Y., challenging the constitutionality of the hotly debated New York Secure Ammunition and Firearms Enforcement Act of 2013 (N.Y. SAFE Act). The law was signed by Governor Andrew Cuomo on January 15.

According to the lawsuit, Law360 notes, the law “has the unprecedented effect of granting a monopoly on ammunition sales in the state to gun and ammo dealers based in New York.”

Brian is among the team representing the plaintiffs, which include the New York State Rifle and Pistol Association. Law360 notes the suit contends that the new law will drive up the price of ammunition by forcing gun groups such as the New York State Amateur Trapshooting Association, also a plaintiff, to turn to more expensive in-state retailers; before the act, such groups were free to purchase ammunition lawfully from entities in and outside New York. The suit contends the law violates the dormant commerce clause by creating a “monopoly of ammunition sales to New York."

The scope of such a monopoly would go far beyond the roughly 5,000-member trapshooting group, Brian told Law360. "The market for ammunition in New York state is huge," he said.

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