Pro-2A DOJ: Hope for New Yorkers Fighting the SAFE Act

By NY Safe Inc. — For over a decade, New Yorkers have lived under the burdens of the so-called SAFE Act. From 10-round magazine limits to bans on threaded barrels, New York’s laws make firearms ownership more expensive, less accessible, and more complicated than almost anywhere else in America. But recent developments in Washington give us reason to hope: the U.S. Department of Justice, under Assistant Attorney General Harmeet Dhillon, has publicly and forcefully sided with the Second Amendment.

In Barnett v. Raoul, a case challenging Illinois’ sweeping ban on Modern Sporting Rifles (MSRs) and standard-capacity magazines, AAG Dhillon appeared in federal court alongside the National Shooting Sports Foundation (NSSF). Her message was clear: the Second Amendment is not a second-class right, and the government must oppose unconstitutional attempts to strip law-abiding Americans of arms commonly used for self-defense.

Why This Case Matters for New Yorkers

Illinois’ ban on MSRs mirrors many of the same justifications used to uphold the SAFE Act. If the courts strike it down, the decision will reverberate across the nation — including here in New York. In many ways, Illinois has become a proving ground for the arguments New York politicians rely on. And this time, DOJ isn’t just watching from the sidelines — it’s helping lead the charge.

The Hidden Costs of the SAFE Act

New Yorkers know firsthand how the SAFE Act has distorted the firearms market. A law pitched as “common sense” has become an economic penalty box for every law-abiding gun owner in the state. Consider:

10-Round Magazines = Higher Prices: Firearms in “SAFE Act compliant” formats are produced in limited runs. Without economies of scale, New Yorkers pay 10–20% more than residents in other states for the same firearm.
Lost Access to Deals: National promotions and rebates almost always exclude New York-compliant models. A Glock 19 on sale nationwide may not even be available in NY without modifications.
Threaded Barrel Bans: In most states, pistols ship standard with threaded barrels. In New York, buyers must pay for special-order non-threaded versions, or replace barrels entirely.
Reduced Resale Value: A “SAFE Act compliant” firearm is harder to sell outside New York, further lowering the value of guns for owners in our state.

The result? New Yorkers don’t just lose rights — they pay a premium for the privilege of being restricted. In fact, a 2022 survey of New York FFL dealers found that SAFE Act restrictions added $75 to $150 to the average retail price of handguns and rifles compared to identical models sold in free states.

Historical Perspective: The SAFE Act in Context

The SAFE Act, rushed through in 2013, was one of the first sweeping state responses after the tragedy at Sandy Hook. Passed literally overnight, it was signed into law without a single day of public hearings. It instantly redefined thousands of previously legal rifles as “assault weapons” and imposed magazine restrictions more severe than any federal law in history.

To put this in perspective:

In 1994, the federal “Assault Weapons Ban” capped magazines at 10 rounds, but allowed owners to keep pre-ban magazines. The SAFE Act went further, initially attempting to limit magazines to 7 rounds (a provision later struck down in court).
Historically, Americans have owned repeating rifles since the mid-1800s. The Winchester Model 1866 and Henry rifles carried 15+ rounds of ammunition. These were common, not exotic. By comparison, New York’s 10-round limit is not only ahistorical — it’s contrary to America’s firearms tradition.
The SAFE Act’s “assault weapon” definitions include cosmetic features like pistol grips, bayonet lugs, or threaded barrels — features irrelevant to crime but devastating to consumer choice and affordability.

By rewriting what firearms are “allowed,” New York effectively legislated an artificial marketplace where gun owners face fewer choices and higher prices. The irony? Criminals — the very people the law supposedly targets — ignore these restrictions entirely.

Statistics That Tell the Story

Numbers don’t lie. Here’s what gun owners in New York are facing under the SAFE Act compared to their neighbors:

National Average Firearm Cost: $650 for a standard 9mm pistol.
New York Average (compliant model): $725–$800.
Average Rifle Magazines (Free States): 30 rounds, included standard with purchase.
Average Rifle Magazines (New York): 10 rounds, purchased separately at $35–$45 each.
Processing Times: In most states, background checks are instant through the FBI NICS system.
In New York, the state-run system adds delays of 3 to 30 days depending on the county.
Concealed Carry License Holders: New York has under 1.2 million permit holders — fewer than Pennsylvania, which has 1.5 million, despite having half the population.

These restrictions don’t make New Yorkers safer — they make us less free and less equal under the law.

Bruen and the Changing Legal Landscape

The Supreme Court’s 2022 decision in NYSRPA v. Bruen changed the legal standard for gun laws. No longer can states balance away rights under “intermediate scrutiny.” Instead, governments must prove that restrictions are consistent with the “history and tradition” of firearms regulation in America. That’s a standard New York has consistently failed to meet.

Illinois tried to argue that its MSR ban was similar to 19th-century restrictions on Bowie knives. But as NSSF attorney Erin Murphy pointed out, those laws only restricted concealed carry, not ownership. That difference is fatal to Illinois’ argument — and it’s the same faulty logic New York uses to defend its SAFE Act restrictions.

If Illinois’ ban falls under Bruen, New York’s restrictions are next in line.

AAG Dhillon: A Friend in Washington

Assistant Attorney General Harmeet Dhillon isn’t just another government lawyer. She’s the highest-ranking DOJ official to directly defend the Second Amendment in federal court in years. By declaring that the Second Amendment cannot be relegated to second-class status, Dhillon sent a signal to courts and legislatures nationwide: the federal government will not sit idly by while states strip Americans of their rights.

For New Yorkers, this is monumental. We’ve grown used to fighting Albany with little outside support. Now, with DOJ lending its weight, the balance is shifting.

What This Means for the Future of the SAFE Act

Will the SAFE Act vanish overnight? No. But court challenges are already underway against multiple parts of the law. Federal courts are increasingly striking down restrictive measures in blue states. With DOJ participation, these challenges gain credibility, momentum, and resources.

It may take years, but the SAFE Act’s most burdensome restrictions are living on borrowed time.

What New Yorkers Can Do

Get Trained: Even as legal challenges unfold, NY requires in-person 18-hour training for concealed carry. Don’t wait — complete your class now so you’re prepared when the courts deliver victories.
Stay Informed: Follow updates from NSSF, FPC, SAF, and other groups fighting these battles.
Be Heard: Contact your legislators. Albany must know that New Yorkers will not tolerate being treated as second-class citizens.
Support Litigation: Court battles are expensive. Supporting groups that bring lawsuits is one of the most effective ways to push back.

Final Thoughts

The SAFE Act was sold as a path to safety. Instead, it has created a two-tier system of rights, where New Yorkers pay more, wait longer, and receive less freedom than citizens in nearly every other state.

Now, with AAG Harmeet Dhillon and the Department of Justice standing alongside NSSF, there is reason to hope. The winds are shifting, and the SAFE Act’s foundation grows weaker with every passing court decision. For the first time in years, New Yorkers may truly see light at the end of the tunnel.

FAQ

Who is Harmeet Dhillon?

Harmeet Dhillon is the Assistant Attorney General at the U.S. DOJ. She recently argued in defense of the Second Amendment in Barnett v. Raoul, signaling a strong pro-2A stance.

Does this mean the SAFE Act is ending?

Not yet, but federal precedent is moving against laws like New York’s. If Illinois’ MSR ban falls, New York’s restrictions will be vulnerable.

Why are guns more expensive in New York?

Manufacturers must produce special “SAFE Act compliant” versions in smaller batches. That drives prices higher, and many nationwide deals exclude New York models entirely.

What did Bruen change?

The Supreme Court ruled that gun laws must align with the nation’s historical tradition of firearms regulation. That standard invalidates many modern restrictions, including those in New York.

What can I do right now?

Get your concealed carry training, support pro-2A litigation, and stay informed. The fight is ongoing, but progress is being made.

Read more about NSSF’s coverage of the case here:
DOJ Argues Alongside NSSF in Illinois Gun Ban Case