New York State Rifle and Pistol Association, Inc. et al v. Cuomo et al, No. 1:2013cv00291 - Document 140 (W.D.N.Y. 2013)

Court Description: DECISION AND ORDER GRANTING in part and DENYING in part Plaintiffs' 113 Motion for Summary Judgment; DENYING as moot Plaintiffs' 23 Motion for a Preliminary Injunction; GRANTING in part and DENYING in part the New York State Defend ants' 64 Motion for Summary Judgment and Motion to Dismiss; GRANTING in part and DENYING in part Gerald Gill's 70 Motion for Summary Judgment and Motion to Dismiss; DIRECTING the Clerk of the Court to close this case. Signed by William M. Skretny, Chief Judge on 12/31/2013. (Attachments: # 1 Appendix A, # 2 Connecticut State Police Press Release, # 3 A Guide to Mass Shootings in America) (MEAL) - CLERK TO FOLLOW UP -

Download PDF
A Guide to Mass Shootings in America | Mother Jones 1 of 5 http://www.motherjones.com/politics/2012/07/mass-shootings-map Must Reads: 10 Reasons Why Long-Term Unemployment Is a National Catastrophe | Newtown, One Year After POLITICS (/POLITICS) Crime and Justice (/topics/crime-and-justice) , Guns (/topics/guns) , Must Reads (/topics/must-reads) , Politics (/topics/politics) , Regulatory Affairs (/topics /regulatory-affairs) , Top Stories (/topics/top-stories) Page 1 of 2 There have been at least 67 in the last three decades and most of the killers got their guns legally. By Mark Follman (/authors/mark-follman) , Gavin Aronsen (/authors/gavin-aronsen) , and Deanna Pan (/authors/deanna-pan) | Updated: Wed Feb. 27, 2013 7:45 AM PST 1622 Tweet (#disqus_thread) It is perhaps too easy to forget how many times this has happened. The horrific mass murder at a movie theater in Colorado (http://www.motherjones.com/politics/2012/07/batman-theater-shooting-updatesdark-knight-rises) last July, another at a Sikh temple in Wisconsin /2012/08/what-we-know-about-sikh-temple-shooting-wisconsin-updates) (http://www.motherjones.com/politics in August, another at a manufacturer in Minneapolis (http://www.startribune.com/local/171774461.html) in September and then the unthinkable nightmare at a Connecticut elementary school /newtown-connecticut-school-shooting-explained) (http://www.motherjones.com/politics/2012/12 in December are the latest in an epidemic of such gun violence over the last three decades. Since 1982, there have been at least 62 mass shootings* (#update) across the country, with the killings unfolding in 30 states from Massachusetts to Hawaii. Twenty-five of these mass shootings have occurred since 2006, and seven of them took place in 2012. We've gathered detailed data on the cases and mapped them below, including information on the shooters' identities, the types of weapons they used, and the number of victims they injured and killed. Weapons: Of the 143 guns possessed by the killers, more than three quarters were obtained legally. The arsenal included dozens of assault weapons and semi-automatic handguns with high-capacity magazines (http://www.motherjones.com/politics/2013/01/high-capacity-magazinesmass-shootings) . (See charts below.) Just as Jeffrey Weise used a .40-caliber Glock to slaughter students in Red Lake, Minnesota, in 2005, so too did James Holmes, along with an AR-15 assault rifle (http://en.wikipedia.org/wiki/AR-15) , when blasting away at his victims in a darkened movie theater. In Newtown, Connecticut, Adam Lanza wielded a .223 Bushmaster semi-automatic assault rifle (http://en.wikipedia.org /wiki/Bushmaster_Firearms_International) as he massacred 20 school children and six adults. Tragedy in Newtown The NRA Myth of Arming the Good Guys (/politics/2012/12/nra-massshootings-myth) More Guns, More Mass Shootings Coincidence? (/politics/2012/09/massshootings-investigation) Do Armed Civilians Stop Mass Shooters? Actually, No. (/politics /2012/12/armed-civilians-do-not-stop-mass- The killers: More than half of the cases involved school or workplace shootings (12 and 20, respectively); the other 30 cases took place in locations including shopping malls, shootings) "A Killing Machine": Half of All Mass Shooters Used High-Capacity Magazines (/politics restaurants, and religious and government buildings. Forty /2013/01/high-c apacity-magazines- four of the killers were white males. Only one of them was a mass-shootings) woman. (See Goleta, Calif., in 2006.) The average age of the Mass Shootings: Maybe We Need a Better Mental-Health Policy killers was 35, though the youngest among them was a mere (/politics/2012/11/jared-loughner- 11 years old. (See Jonesboro, Ark., in 1998.) A majority were mass-shootings-mental-illness) mentally troubled and many displayed signs of it before Why Mass Shootings Deserve Deeper Investigation (/politics setting out to kill /2013/01/mass-shootings-james-alan-fox) (http://www.motherjones.com/politics/2012/11/jared- 12/31/2013 10:50 AM A Guide to Mass Shootings in America | Mother Jones 2 of 5 loughner-mass-shootings-mental-illness) http://www.motherjones.com/politics/2012/07/mass-shootings-map . Explore the map for further details we do not consider it to be all-inclusive, but based on the criteria we used (#criteria) we believe that we've produced the most comprehensive rundown available on this particular type of violence. (Mass shootings represent only a sliver of America's overall gun violence.) For a timeline listing all the cases on the map, including photos of the killers, jump to page 2 /mass-shootings-map?page=2) here (http://www.motherjones.com/politics/2012/07 . For the stories of the 151 shooting rampage victims of 2012, click (http://www.motherjones.com/politics/2012/12/mass-shootings-victims-2012) , and for all of MoJo's year-long investigation into gun laws and mass shootings, click here (http://www.motherjones.com /special-reports/2012/12/guns-in-america-mass-shootings) . Hover over the dots or use the search tool in the top-left corner of the map to go to a specific location. (Zoom in to see the Aurora shooting, located close to other massacres in Colorado, and to see other proximate shootings in Milwaukee, Seattle, and elsewhere.) Source: Mother Jones Sources: Research by Mother Jones. (With thanks to the Associated Press (http://newsfeed.time.com/2012/07/20/the-worst-mass-shootings-of-thepast-50-years/) of NYC , Canada.com (http://o.canada.com/2012/07/17/interactive-map-mass-shootings-in-north-american-history/) (http://www.nycrimecommission.org/initiative1-shootings.php) , and Citizens Crim e Commission .) We used the following criteria to identify mass shootings: The shooter took the lives of at least four people. An FBI crime classification report (http://www.fbi.gov/stats-services/publications/serial-murder/serial-murder-1#two) as a mass murderer versus a spree killer (http://en.wikipedia.org/wiki/Serial_killer) identifies an individual (http://en.wikipedia.org/wiki/Spree_killer) or a serial killer if he kills four or more people in a single incident (not including himself), typically in a single location. The killings were carried out by a lone shooter. (Except in the case of the Columbine massacre and the Westside Middle School killings, both of which involved two shooters.) The shootings occured in a public place. (Except in the case of a party in Crandon, Wisconsin, and another in Seattle.) Crimes primarily related to gang activity or armed robbery are not included. If the shooter died or was hurt from injuries sustained during the incident, he is included in the total victim count. (But we have excluded many cases in which there were three fatalities and the shooter also died, per the above FBI criterion.) 12/31/2013 10:50 AM A Guide to Mass Shootings in America | Mother Jones 3 of 5 http://www.motherjones.com/politics/2012/07/mass-shootings-map We included a handful of so-called "spree killings" high-profile cases that fit closely with our above criteria for mass murder, but in which the killings occurred in more than one location over a short period of time. For more on how we determined the criteria, see our mass shootings explainer (http://www.motherjones.com/mojo/2012/08/what-is-a-mass-shooting) illness factor . Plus: more on the crucial mental (http://www.motherjones.com/politics/2012/11/jared-loughner-mass-shootings-mental-illness) , and on the recent barrage of state laws rolling back gun restrictions across the US (http://www.motherjones.com/politics/2012/09/map-gun-laws-2009-2012) behind our investigation . And: Explore the full data set (http://www.motherjones.com/politics/2012/12/mass-shootings-mother-jones-full-data) . Here are two charts detailing the killers' weapons: We've updated and expanded this story with additional research multiple times since initial publication on July 20, 2012, thanks in part to Advertise on MotherJones.com (/about/advertising /contact-form) some valuable feedback from MoJo readers. (Thanks also to Professor James Alan Fox of Northeastern University.) Details about our 12/31/2013 10:50 AM A Guide to Mass Shootings in America | Mother Jones 4 of 5 http://www.motherjones.com/politics/2012/07/mass-shootings-map updated analysis and data on the shooters' weapons are in this story. (http://www.motherjones.com /politics/2013/02/assault-weapons-high-capacity-magazines-mass-shootings-feinstein) shooting at the movie theater in Aurora, Colo., click here /batman-theater-shooting-updates-dark-knight-rises) click here For more about the mass (http://www.motherjones.com/politics/2012/07 , and for the mass shooting in Newtown, Connecticut, (http://www.motherjones.com/politics/2012/12/newtown-connecticut-school-shooting-explained) . And for additional reporting and analysis from our in-depth investigation, read this companion story (http://www.motherjones.com/politics/2012/09/mass-shootings-investigation) . (Return to intro.) (#intro) First published: Fri Jul. 20, 2012 7:32 PM PDT. Interactive production by Tasneem Raja (/authors/tasneem-raja) and Jaeah Lee (/authors/jaeah-lee) Image: Clockwise from upper left: Wade Michael Page: Anti-Defamation League (http://blog.adl.org/extremism/adl-connects-suspected-shooterat-wisconsin-sikh-temple-to-white-supremacist-skinhead-group) ; James E. Holmes: Arapahoe County Sheriff's Dept./Zuma; Seung-Hui Cho: Virginia Tech University/Wikimedia (http://en.wikipedia.org/wiki/File:Cho_Seung-hui_3.jpg) ; Jared Loughner: Pima County Sheriff's Office/Wikim edia (http://en.wikipedia.org/wiki/File:Jared_Loughner_USMS.jpg) Next Page: A 30-year timeline of mass shootings, with photos of the killers (/politics /2012/07/mass-shootings-map?page=2) Page 1 of 2 1622 (#disqus_thread) PRINT MARK FOLLMAN (/authors/mark-follman) (/PRINT Senior Editor EMAIL Tweet (/FORW AR /186991) D?PATH=N Mark Follman is a senior editor at Mother Jones. Read more of his stories (http://www.motherjones.com/authors /mark-follman) ODE , follow him on Twitter (http://twitter.com/#!/markfollman) , or contact him with tips or feedback at /186991) mfollman (at) motherjones (dot) com. RSS (/RSS/AUTHORS/22418) | TWITTER (HTTP://TWITTER.COM/MARKFOLLMAN) (/authors /markfollman) GAVIN ARONSEN (/authors/gavin-aronsen) For more of Gavin's stories, click here (http://www.motherjones.com/authors/gavin-aronsen) . (/authors /gavinaronsen) DEANNA PAN (/authors/deanna-pan) Deanna Pan is a former senior editorial fellow at Mother Jones. (/authors /deanna-pan ) IF YOU LIKED T HIS, YOU MIGHT ALSO LIKE... More Guns, More Mass Shootings Coincidence? (/politics/201 2/09/mass-shootings-inv estigation) The unthinkable massacre in Connecticut adds to what is now the worst year of mass shootings in modern US history. More Than Half of Mass Shooters Used Assault Weapons and High-Capacity Magazines (/politics/201 3/02/assaultweapons-high-capacity -magazines-mass-shootings-feinstein) Congress considers banning weapons that have caused carnage in shopping malls, schools, and city streets. The NRA Myth of Arming the Good Guys (/politics/201 2/1 2/nra-mass-shootings-my th) Mass shootings in the US are on the rise and ordinary citizens with guns don't stop them. 151 Victims of Mass Shootings in 2012: Here Are Their Stories (/politics/201 2/1 2/mass-shootings-v ictims-201 2) Bearing witness to the worst year of gun rampages in modern US history. How the NRA and Its Allies Helped Spread Florida's Radical Gun Law Nationwide (/politics/201 2/06/nra-alec-standy our-ground) Years before Trayvon Martin was killed, gun lobbyists conspired to give Stand Your Ground shooters immunity everywhere. 12/31/2013 10:50 AM A Guide to Mass Shootings in America | Mother Jones 5 of 5 http://www.motherjones.com/politics/2012/07/mass-shootings-map YOUR EMAIL MoJo Troll Patrol encourages readers to sign in with Facebook, Twitter, Google, Yahoo, Disqus, or OpenID to comment. Please read our comment policy (/about/interact-engage/comment-policy) before posting. 12/31/2013 10:50 AM

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.