A Hamburg, NY attorney plans to challenge his state’s newly-enacted assault weapons ban, not on Second Amendment grounds, but because he claims the law violates his Fifth Amendment rights.
“Can the government take what rightfully belongs to somebody, without due process, and without just compensation?,” lawyer James Tresmond asks.
According to local television news outlet WGRZ, lawmakers took the the Fifth Amendment of the U.S. Constitution, which says a person shall not “be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation,” into account when writing up the gun ban.
The legislation passed into law on Tuesday grandfathers in weapons and magazines holding more than seven bullets currently owned by New York residents. In the case of magazines, residents can still own them, but cannot put more than seven bullets at a time in them.
At a Tuesday press conference announcing the new gun law, Governor Cuomo said that “banning sales going forward, prior assault weapons should be registered just like you register a handgun,” opening up the possibility of gun seizures.
Tresmond claims that more than 10,000 New Yorkers have contacted him via phone or e-mail about the lawsuit. He is now working with at least six other attorneys to get the lawsuit prepared.
Tresmond estimates it will take 3-4 weeks of preparing the suit before he files it, most likely in federal court.