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Lawsuit to overturn the first SAFE Act conviction

We won! See this update.

-> Read the brief here <-

Arguments for the Wassel case can be heard one hour and 28 minutes in:

Here is the press conference organized after the event:


This press conference followed the 2.28.19 NYS Supreme Court oral argument in the legal challenge to The People of the State of New York v. Benjamin Wassell, which seeks to reverse the first conviction handed down by a state court in 2013 under the unconstitutional SAFE Act, based on the following:

•Void for vagueness
•Due process violation
•Jury instruction error
•Lack of equal protection under the law
•Not supported by legally sufficient evidence

Press conference speakers include:

•Attorney Jim Ostrowski
•2018 Libertarian Candidate for NY Lt. Governor Andrew Hollister
•2020 Libertarian Candidate for NY 27th Congressional District Duane Whitmer
•2AWNY.COM Civil Rights Advocate Steve Felano

In bold defiance of the anti-liberty agenda manufactured and force-fed to New Yorkers by the far-left autocrats controlling the entirety of state government, a Second Amendment civil rights renaissance is growing across Western New York, and the state as a whole. This is evidenced by the fact that, in the first two months of 2019 alone, all 17 Western New York district attorneys reached a unanimous decision that they WILL NOT prosecute the unconstitutional SAFE Act seven-round capacity limit provision. Additionally, within the same period, Wyoming County and the Grand Island Town Council both passed resolutions voicing strong opposition to current and future New York gun control imperial edicts. Finally, the U.S. Supreme Court has agreed to review New York State Rifle & Pistol Association Inc. v. City of New York, New York, setting the stage for an expansion of individuals’ Second Amendment civil rights outside the home. Indeed, U.S. Second Circuit Judge John M. Walker, Jr. expressed to Jim Ostrowski on 2/20/19 that the aforementioned case awaiting U.S. Supreme Court review will likely address the issue of intermediate scrutiny as the means for judging Second Amendment cases, and this will open the door for overturn of the unconstitutional NYS pistol permit regime via Libertarian Party of Erie County v. Cuomo, being litigated by Jim Ostrowski. Each of these positive events coalesce to set the stage for the eventual overturn of the SAFE Act and New York States’ arbitrary pistol permitting regime, both on constitutional grounds. The end of NY gun control is coming.