Stein this Week: Policy & Constitutional Implications of the NY Secured Ammunitions and Firearms Enforcement (SAFE) Act

On Wednesday, February 27th at 4:30pm, the Stein Scholars had a panel discussion on the policy and constitutional implications of the NY Secured Ammunitions and Firearms Enforcement (SAFE) ACT, the recent gun control measure that was passed in New York State in January in response to the shootings in Newtown, CT. The event was organized with help from Michael Huggins, Danielle May, Linda Jordan, Dan Kadish and Alex Wentworth-Ping.

The panelists included:
Dr. Saul Cornell, Author of a Well Regulated Militia
Carmine Guiga, NY City Council, Division of Governmental Affairs
Jesse Loffler & David Yiffin, Fried Frank Harris Shriver & Jacobson LLP
Dr. Ankur Saraiya, NYU Bellevue Hospital Clinician
Dr. Thomas Smith,  Clinical Professor of Psychiatry at Columbia

Alex Wentworth-Ping moderated the discussion and first gave time to each of the panelists to discuss some of their views on gun control generally and the New York response. The panelists raised several issues including the limitations on "common use" taken from D.C. v. Heller; how gun control might be a step in the right direction, but that it ultimately will require more in order to stop gun violence in certain neighborhoods; whether or not it would be a taking under the Fifth Amendment if certain guns were deemed illegal and the chilling effect that mandatory disclosure provisions, such as those included in the SAFE Act, could have on psychiatric patients.

Mr. Wentworth-Ping asked several other questions regarding the timeliness of the Act as well as how to alter the marketplace so that so many guns are not in the supply chain. Most seemed happy that the Act passed so quickly and that any problems could be adjusted through amendment and additionally mentioned that reducing the guns in supply is a huge task to be dealt with over time. The rich and lively discussion was very informative.

The Stein Scholars would also like to thank its co-sponsors -- the American Constitutional Society, BarBri and the Urban Law Journal -- for their generous support. We are proud that the event was so successful and hope that it stirs future conversation and debate going forward.