Federal Lawsuit On Gun Law Heard in Buffalo Court

March 21, 2013 Updated Mar 21, 2013 at 11:47 PM EDT

By Kendra Eaglin

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March 21, 2013 Updated Mar 21, 2013 at 11:47 PM EDT

Buffalo, NY
(WKBW)
Thursday, the New York State Rifle and Pistol Association filed a lawsuit in federal court in Buffalo to repeal the New York State Safe Act and the future of the gun law could very well be decided in the Queen City.

The Safe Act has been a hot button topic ever since Governor Cuomo pushed it through on January15th.

But Thursday, on the corner of W 125th street in New York City, a place where Malcolm X and Martin Luther King Jr. once spoke another group stood in strong solidarity of the Safe Act, its mental health and criminal background checks, tougher restrictions on assault weapons, limits on high-capacity ammunition and measures to keep guns out of schools.

"The Second Amendment gives you a right to bear arms but it doesn't give you the right to kill babies, it doesn't give you the right to bear any arms that you want, it doesn't give you the right to have automatic weapons and fire and fire and fire It doesn't give you the right to have magazines with 100 rounds," said Reverend Al Sharpton from the stage to a crowd of hundreds gathered on that corner.

Also in New York City, Vice President Joe Biden frustrated Congress doesn't have enough votes to push through a federal assault weapons ban as part of its stricter gun laws.

"Tell me how it violates anyone's constitutional right to be limited to a clip that holds ten rounds instead of thirty, or in Aurora, a hundred," said Biden.

Nearly 400 miles away in federal court in Buffalo another battle to repeal the Safe Act. The New York State Rifle and Pistol Association is filing a lawsuit, this on top of a lawsuit filed by a Hamburg attorney in State Supreme Court.

One aspect of the Safe Act has already survived a legal challenge but these lawsuits will likely have the final say on whether the Safe Act, is constitutional.

The NYSRPA is part of the National Rifle Association and is prepared for a long fight, calling on its supporters to donate to its legal defense fund.

Meanwhile, half a dozen gun rights supporter groups are planning a rally dubbed Revolution Against Tyranny this Saturday, March 23rd in Syracuse at the Inner Harbor Amphitheatre.