Andrew Cuomo

Which is exactly what Dems want.

Via Free Beacon:

The registry process of New York’s SAFE Act allows for warrantless police searches into gun owners’ homes, a violation of the Fourth Amendment, according to plaintiffs of a lawsuit filed in U.S. District Court Eastern District.

The law firm representing plaintiff Gabriel Razzano argues the registry process is “essentially secret and results in a mandatory, warrantless Penal Law 400 gun removal visit from police.”

“The entire purpose of the registry is a sham to permit intrusions into a person’s home on consent without a warrant for a ‘gun removal,’” La Reddola, Lester and Associates said in a release. “The entire registry and database seek to justify warrantless police searches, which my client and I now believe to be the real purpose of the SAFE Act.”

The suit points to Fourth Amendment violations that could easily occur under the SAFE Act.

The attorneys argue under the Federal National Instant Check System a person who is declared ineligible for a firearm purchase faces some type of legal process. However, that is not the case with the SAFE Act, which was signed into law last year by Gov. Andrew Cuomo.

Under the SAFE Act, the New York Department of Criminal Justice (NYDCJ), the overseer of the database, may declare a person ineligible to own or possess a weapon without any type of judicial process.

Furthermore, the suit argues that if the NYDCJ declares a person ineligible, “such a determination makes the person vulnerable to imminent seizure of all weapons, without a hearing or even an arrest warrant.”

Keep reading…

465 Shares