A local lawyer is moving ahead with plans to challenge the state's new gun control law in court. The case will not revolve around the U.S. Constitution's "Right to Bear Arms."
Even though he's a lifelong gun owner, Hamburg Attorney James Tresmond says he is taking on New York's SAFE Act at the request of four clients. But Tresmond says it could become a class action lawsuit.
"Once it got on Facebook - it had a life of its own after that and it went viral. And days later I had 14,000 potential clients across the state of New York," said Tresmond.
The lawyer he's not in it for the money. Tresmond is working pro-bono.
"I am not charging these clients money for this lawsuit. I'm filing it. I'm paying for the filing fee myself. And the reason I'm doing that is because I want my credibility intact," said Tresmond.
A dozen attorneys statewide have joined in, providing research for Tresmond. He says it's much more complicated than the state violating the "Right to Keep and Bear Arms."
"The 2nd Amendment is not our concern right now," said Tresmond.
Tresmond says the 5th Amendment, which bars the government from taking private property without just compensation, the 14th Amendment's due process clause, and the Commerce Clause are all on his side
"It's a spiderweb of rights. And they're all intertwined. And they are very seriously endangered," said Trsmond.
Tresmond says he should be ready to file suit in about ten days.