Case 1:13-cv WMS Document 54 Filed 05/24/13 Page 1 of 4 NEW YORK STATE RIFLE AND PISTOL

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1 Case 1:13-cv WMS Document 54 Filed 05/24/13 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK Buffalo Division NEW YORK STATE RIFLE AND PISTOL ASSOCIATION, INC., et al., Plaintiffs, DECLARATION OF BRIAN T. STAPLETON Case No.: 1:13-cv WMS v. ANDREW M. CUOMO, et al., Defendants. I, BRIAN T. STAPLETON, declare under penalty of perjury that the following is true and correct: 1. I am an attorney admitted to practice law in the State of New York and am admitted to practice law before the United States Court of Appeals for the Second Circuit and the United States District Court for the Western District of New York. 2. I am a partner with Goldberg Segalla LLP, counsel for Plaintiffs, and submit this Declaration in opposition to the Motion for a two-week extension of the current schedule in this action made by Defendants Andew M. Cuomo, Governor of the State of New York; Eric T. Schneiderman, Attorney General of the State of New York; and Joseph A. D Amico, Superintendent of the New York State Police (collectively the State Defendants ). 3. Plaintiffs commenced this action by filing a Summons and Complaint on March 21, See Dkt. No. 1. Plaintiffs filed an Amended Complaint on April 11, 2013 (Dkt. No. 17) and moved for a preliminary injunction on April 15, See Dkt. Nos Ordinarily, Defendants Answer to the Amended Complaint and opposition to the Motion for Preliminary Injunction would have been due by May 2, 2013 and April 29, 2013,

2 Case 1:13-cv WMS Document 54 Filed 05/24/13 Page 2 of 4 respectfully. See Fed. R. Civ. P. 12(a)(1)(A)(i); W.D.N.Y. Local R. 7(b)(2)(B). However, upon Defendants request, this Court ordered Defendants Answer and opposition to the Motion for Preliminary Injunction to be filed June 7, See Dkt. No. 39. Thus, Defendants have already been granted more than an extra month to file their legal papers. Defendants now request a further two-week extension. 5. While the undersigned generally agrees to courtesy extensions to opposing counsel, given the grave constitutional violations being imposed upon Plaintiffs and the people of New York State, Plaintiffs object to any further extensions to the current schedule. 6. As both this Court and the Second Circuit have repeatedly recognized, violation of the Plaintiffs constitutional rights imposes an irreparable injury. See, e.g., Johnson v. Miles, 355 Fed. Appx. 444, 446 (2d Cir. 2009); Parra v. Wright, 2013 U.S. Dist. LEXIS 15587, at *8-*9 (W.D.N.Y. Feb. 5, 2013); Ward v. State, 291 F. Supp. 2d 188, 196 (W.D.N.Y. 2003). An additional two-week extension would therefore impose a further unwarranted injury on the Plaintiffs. 7. Moreover, such injury is not merely hypothetical nor is it limited to simply the Plaintiffs. New York State has already commenced enforcement of the New York Secure Ammunition and Firearms Enforcement Act of 2013 ( Act ) by bringing criminal prosecutions against New York residents for otherwise legal conduct that is now unconstitutionally prohibited by the Act. See, e.g., Lou Michel, Veteran Pleads Not Guilty to 1st SAFE ACT Violation, Buffalo News, Mar. 20, 2013, available at: 919/1010 (detailing prosecution of injured Iraq War hero and Silver Creek, New York resident for, inter alia, selling a model of the AR-15, which is arguably the most popular sporting rifle in 2

3 Case 1:13-cv WMS Document 54 Filed 05/24/13 Page 3 of 4 the United States, but is now banned by the Act); Associated Press, Two Bullets Too Many Leads to Violation, May 13, 2013, available at (detailing prosecution of New York resident for loading nine bullets in a legally possessed firearm). Indeed, just last week, New York State Senator Greg Ball spoke out about how the Act is being used in an attempt to turn law abiding citizens into criminals: This is a very sad day for all fair minded New Yorkers who believe in justice and value freedom. Here we see the full effect of our actions as the SAFE Act turns a law abiding citizen into a criminal. This didn t save a life, this just destroyed one man s life. See Press Release, Senator Greg Ball, Gun Grab in Full Swing, Dutchess Man Arrested for Having 9 Bullets, May 13, 2013, available at: 8. Defendants request for a further two-week extension is tantamount to imposing two-weeks of additional irreparable injury on Plaintiffs, which is particularly unnecessary in light of the fact that Defendants have already been granted more than a month of additional time to prepare papers. 9. Moreover, with respect to the State Defendants, given the State s passage of the Act and presumable analysis of the law before its passage, the State should be able to state its position without the need for more than the 53 days that Defendants have already been afforded. 10. Finally, Defendants argument that additional time is needed due to the submissions of Amicus curiae should be rejected because the Amicus submissions largely reflect arguments that are similar to those raised in Plaintiffs Motion for Preliminary Injunction. 3

4 Case 1:13-cv WMS Document 54 Filed 05/24/13 Page 4 of 4 WHEREFORE, your deponent respectfully requests that this Court deny Defendants Motion for a Two-Week Extension of the Current Schedule. I declare under penalty of perjury pursuant to 28 U.S.C that the foregoing is true and accurate. Executed on this 24 th day of May, s/brian T. Stapleton Brian T. Stapleton, Esq. 11 Martine Avenue, Suite 750 White Plains, New York bstapleton@goldbergsegalla.com 4

5 Case 1:13-cv WMS Document 54-1 Filed 05/24/13 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK Buffalo Division NEW YORK STATE RIFLE AND PISTOL ASSOCIATION, INC., et al., Plaintiffs, Case No.: 1:13-cv WMS v. ANDREW M. CUOMO, et al., Defendants. I hereby certify that on May 24, 2013, I electronically filed the foregoing Declaration with the Clerk of the United States District Court, Western District of New York using the CM/ECF system, which would then electronically notify the following CM/ECF participants on this case: Benjamin K. Ahlstrom New York State Attorney General s Office Attorneys for Defendants Andrew M. Cuomo, Joseph A. D Amico, and Eric T. Schniederman Main Place Tower, Suite 300A 350 Main Street Buffalo, New York benjamin.ahlstrom@ag.ny.gov William James Taylor, Jr. New York State Attorney General s Office Attorneys for Defendants Andrew M. Cuomo, Joseph A. D Amico, and Eric T. Schniederman 120 Broadway, 26 th Floor New York, New York 10271

6 Case 1:13-cv WMS Document 54-1 Filed 05/24/13 Page 2 of william.taylor@ag.ny.gov Robert J. Fluskey, Jr. Kevin M. Kearney Hodgson Russ, LLP Attorneys for Defendant Gerald J. Gill The Guaranty Building 140 Pearl Street, Suite 100 Buffalo, New York rfluskey@hodgsonruss.com kkearney@hodgsonruss.com Sheldon W. Boyce William J. Brongo Brenna, Brenna & Boyce, PLLC Timothy B. Howard, 31 East Main Street, Suite 2000 Rochester, New York boyce@brennalaw.com Jeffrey Chamberlain Chamberlain and Kaufman Timothy B. Howard, 35 Fuller Road Albany, New York David Martin Alfred S. Regnery Law Office of David Henderson Martin 2

7 Case 1:13-cv WMS Document 54-1 Filed 05/24/13 Page 3 of 4 Timothy B. Howard 1611 North Kent Street, Suite 901 Arlington, Virginia Edwin Meese, III Timothy B. Howard, 1075 Spring Hill Road McLean, Virginia C.D. Michel Clinton B. Monfort Michel & Associates, P.C. Timothy B. Howard, 180 E. Ocean Blvd., Suite 200 Long Beach, California Charles J. Cooper David H. Thompson Cooper & Kirk, PLLC Attorneys for Amicus National Rifle Association of America, Inc New Hampshire Avenue, NW Washington, DC

8 Case 1:13-cv WMS Document 54-1 Filed 05/24/13 Page 4 of 4 ccooper@cooperkirk.com dthompson@cooperkirk.com Nicolas J. Rotsko John G. Schmidt, Jr. Phillips Lytle LLP Attorneys for Amicus National Rifle Association of America, Inc HSBC Center Buffalo, New York nrotsko@phillipslytle.com jschmidt@phillipslytle.com Dated: May 24, 2013 s/brian T. Stapleton Brian T. Stapleton Attorneys for Plaintiffs 11 Martine Avenue, Suite 750 White Plains, New York bstapleton@goldbergsegalla.com Stephen P. Holbrook LAW OFFICE OF STEPHEN HOLBROOK Attorneys for Plaintiffs 3925 Chain Bridge Road, Suite 403 Fairfax, Virginia protell@aol.com 4